Terms & Conditions
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Last Update: October 23, 2024
Green CulturED, LLC, a Limited Liability Company (collectively, “we,” “us”, “Company” “our” or “Green CulturED”), provides you access to the Green CulturED websites available at www.GreenCulturED.co and/or other Learning Management Systems made available to you by Green CulturED (each individually a “Class Site,” and collectively the “Class Sites”), and to the courses, information, services and other materials available on and through the Class Sites (collectively with the Class Sites, the “Online Courses”), subject to the terms and conditions described in these Terms of Use.
Terms of Use Acceptance
By accessing and/or using the Class Sites or Online Courses as a User, you agree to be bound by these Terms of Use and the Privacy Policy. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, THEN YOU MAY NOT ACCESS OR USE THE CLASS SITES OR THE ONLINE COURSES. GREEN CULTURED’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR CONSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE AND THE PRIVACY POLICY.
“User” means any of the following:
- A “Visitor,” meaning you simply browse the Class Sites, including, without limitation, through a mobile or other wireless device, or otherwise use the Class Sites without being registered.
- A “Learner,” meaning that you have registered with Green CulturED for a User ID and User Password, will complete the homework assignments and exams and have enrolled in and paid for access to services, content, and/or certification provided by Green CulturED or its Educational Partners.
- An “Attendee,” means that you have registered with Green CulturED for a User ID and User Password and that you intend to attend or view the Online Course lectures online without accessing final projects or assessments required for certification, or completing the homework assignments, exams or other course work related to assessments for certification.
Privacy Policy
Our Privacy Policy explains how we treat information collected and received from you when you use the Online Courses. Please read the Privacy Policy carefully for disclosures relating to the collection, use, and disclosure of your personal information.
Terms of Use & Privacy Policy Modifications
We reserve the right to change or modify these Terms of Use and the Privacy Policy at our sole discretion at any time and without notice to you. You agree that you accept any such modifications by your continued use of the Online Courses. We will take reasonable steps to notify you of any changes or modifications to these Terms of Use and the Privacy Policy, but you are responsible for periodically reviewing the most up-to-date versions. Any change or modification to these Terms of Use or the Privacy Policy will be effective after ten (10) days of posting of the modifications on a Class Site, or email or other written notification to you, whichever comes first. If you disagree with any modification to these Terms of Use or the Privacy Policy, you must notify us in writing within the ten (10) day time period described above and immediately discontinue use of any of the Online Courses. Your continued use of the Class Sites or Online Courses after such a ten (10) day time period constitutes acceptance of any such modifications.
User Accounts & Security
While any Visitor can view the Class Sites, to use the Class Sites and take part in the Online Courses as an Attendee or a Learner, you must select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). Each User is limited to one User Account. You agree that you will never divulge or share access or access information to your User Account with any third-party for any reason. Users who violate this policy may have their User Account suspended or terminated.
You are responsible for maintaining the security of your User Account. You agree and understand that you are solely responsible for your account security settings, protection of confidential information (ex. your password), and all consequences that stem from activities occurring with your User Account. You also agree that we are not responsible for any unauthorized use of your User Account or unauthorized payment methods. If you suspect that your User Account or login information has been compromised, you should immediately change your User Password and notify us. You further agree to promptly notify us of any security breach relating to your User Account.
User Registration & Information Accuracy
The Class Sites are available to any User. However, access to the Online Courses is restricted to Attendees or Learners that have a registered User Account. By registering, you agree that you are registered for the Online Courses only once.
In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, it shall constitute a material breach of this agreement and may result in the suspension or termination of your use of the Class Sites and your enrollment in the Online Courses.
In addition to the registration process, as part of your use of the Class Sites or participation in the Online Courses, we may obtain certain information about you and your performance in the Online Courses. Some of this information may be personally identifiable information. We may use, maintain, and store this information to provide certain services to you now and in the future and may share such information with third parties in conjunction with such services. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including your grades/scores in our classes.
Educational Partners & Requirements
Green CulturED may make certain Online Courses available to Learners and Attendees in partnership with or on behalf of its Educational Partners. Your access to such Online Courses may be provided to you through your single User Account. You acknowledge and agree that any Online Course affiliated with an Educational Partner may be subject to the terms, policies, and procedures of the applicable Educational Partner in addition to the terms, policies, and procedures of Green CulturED. Without limiting the foregoing, if you are a student registered or enrolled at, or are otherwise attending, an Educational Partner and are taking an Online Course for credit or certification through that Educational Partner, you acknowledge and agree that:
- The Educational Partner may have its own terms, policies, or procedures regarding your eligibility to participate in the Online Course, your participation in the Online Course, the requirements or prerequisites for receiving credit or certification for the Online Course, and/or your educational or student records as they may relate to your participation and performance in the Online Course.
- Your educational or student records are maintained by the Educational Partner, including for purposes of assigning credit or certification, and not Green CulturED.
User Conduct Policy
To the extent you are registered or enrolled as a Learner in or are otherwise attending, an Educational Partner or other institution with its own policy regarding student and/or employee conduct or an “honor code,” those terms shall apply to you as a student and/or employee of such institution with respect to your use of the Class Sites and/or Online Courses.
Additionally, unless the following conflicts with such a policy or honor code, as a condition of accessing the Class Sites and/or the Online Courses, you agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, or otherwise engage in any act or omission that Green CulturED believes is hateful, offensive, illegal, unprofessional, or otherwise inappropriate.
- If a Learner, cheats on any homework assignment or exams for the Online Courses, post online any Secured Testing Materials, or share solutions to homework assignments or exams.
- Copy, sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute, or otherwise commercially exploit in any manner any portion of the Class Sites, Online Courses, or any Content other than as expressly allowed under these Terms of Use.
- Reverse-engineer, decompile, disassemble, or otherwise access the source code for any software that may be used to operate the Online Courses.
- Use Green CulturED’s name, Marks, Class Sites, Online Courses, Content, or other materials in connection with, or to transmit, any unsolicited communications or emails.
- Use any high-volume, automated, or electronic means to access the Class Sites or Online Courses (including without limitation robots, spiders, or scripts).
- Frame the Class Sites or Online Courses, place pop-up windows over its pages, or otherwise affect the display of its pages.
- Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present.
- Attempt to gain unauthorized access to the Class Sites or Online Courses, other accounts, computer systems, or networks connected to any server thereof or to any of the websites linked to the Class Sites or Online Courses through hacking, password mining, or any other means.
- Use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Class Sites or Online Courses.
- Delete any attributions, legal or proprietary notices on the Class Sites or the Content.
- Force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Online Courses.
- Interfere with or disrupt the Online Courses or servers or networks connected to the Online Courses, or disobey any requirements, procedures, policies, or regulations of networks connected to the Online Courses.
- Use the Class Sites or Online Courses in any manner that could damage, disable, overburden, or impair any servers thereof, or the network(s) connected to any server thereof, or interfere with any other party’s use and enjoyment of the Class Sites or Online Courses.
- Use the Class Sites or Online Courses if you are not able to form legally binding contracts.
- Use the Class Sites or Online Courses to harvest or otherwise collect information about others, including but not limited to email addresses.
- Fail to abide by, or breach of, any third-party payment processor’s terms of service or any other policies applicable to purchases you make by or through the Class Sites or Online Courses.
- Post, upload or transmit to or otherwise make available through the Class Sites or Online Courses any content, communications, or other information (collectively, “Unauthorized Content”):
- That is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against, or threatens others.
- That contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
- That you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- That consists of any high volume, automated, or electronic means to access the Class Sites (including without limitation robots, spiders, or scripts).
- That infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party.
- That violates the rights of other Users of the Class Sites or Online Courses.
- That violates any applicable local, state, national, or international law or otherwise advocates or encourages any illegal activity.
Additional Learner Requirements
If a Learner, in addition to the other terms of these Terms of Use, you agree to the following:
- Green CulturED and the instructors maintain the right and ability to adapt, modify or revise the Online Courses or rearrange the schedule of topics for the Online Courses Green CulturED and/or the instructors deem appropriate, including changing the point value or weight of assignments, tests, quizzes, exams, projects and other such evaluations of progress.
- You are registering with the intent to complete online coursework, complete homework assignments, and take and submit exams, and other activities related to taking the class.
- If you are taking an Online Course for academic credit or certification as a student of, or otherwise through, an accredited university or other educational institution, corporate sponsor, and non-profit foundation or institution (each an “Educational Partner”), any such credit or certification may only be awarded directly by the Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive credit or certification; and, in any event, Green CulturED will not have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for any Online Course.
- If you are not taking an Online Course for academic credit or certification provided by an Educational Partner, then, subject to your satisfactory performance determined in the sole discretion of Green CulturED, you may be awarded a verified certificate of accomplishment upon conclusion of the applicable Online Course (“Verified Certificate”), and you acknowledge that any such Verified Certificate awarded may not be affiliated with any college, university, company, or other certifying institution, and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner.
- A Verified Certificate shall be awarded, at the sole discretion of Green CulturED and the instructors for the Online Courses, only to Learners who have completed the course to the satisfaction of Green CulturED and who have not violated these Terms of Use.
- You acknowledge that instructors of any Online Course will not be obligated to make any attempts to get the course recognized by any accredited or other educational institution.
- You will abide by any applicable policies or honor code adopted by the applicable Educational Partner.
Intellectual Property Rights
You agree that Green CulturED (or its affiliates or third-party licensors) own all rights, titles, and interests in and to the Online Courses, including the Class Sites, the trademarks, and service marks which may appear on the Online Courses (“Marks”), and all content or other material available on the Class Sites or through the Online Courses, including but not limited to online lessons, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”). You acknowledge and agree that all Marks and Content included in the Online Courses are protected by United States and international copyright and trademark laws.
From time to time, Green CulturED may include software, code, instructions, or other such information in the Content or materials for the Online Courses, any such information is provided on an “as-is” basis for instructional purposes only and is subject to the “Disclaimer of Warranties” and “Limitation of Liabilities” and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Green CulturED and/or its affiliates and licensors reserve all rights not expressly granted herein to the Class Sites, Online Courses, Content, and Marks.
Class Sites & Online Course Licenses
Subject to your compliance with these Terms of Use, Green CulturED hereby grants you a freely revocable, worldwide, non-exclusive, non-transferable, non-sublicensable, limited right and license to access, internally use, and display the Class Sites and/or Online Courses, including the Content, at your location solely as necessary to participate in the Online Courses and in accordance with these Terms of Use. You agree to abide by all copyright notices or restrictions contained on the Class Sites or the Content.
User Contributed Content
The Online Courses may provide you with the ability to upload or otherwise transmit forum posts, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Class Sites or Online Courses, for example, questions, hypotheticals, overviews, etc. (collectively, “User Content”). Subject to the license granted to Green CulturED, as between User and Green CulturED, User will be the sole and exclusive owner of any and all rights, title, and interest in and to the User Content.
With respect to any User Content you submit to Green CulturED (including for inclusion on the Class Sites or Online Courses) or that is otherwise made available to Green CulturED, you hereby grant Green CulturED an irrevocable, worldwide, perpetual, royalty-free, and non-exclusive, transferable and sublicensable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display your User Content on the Class Sites or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose). Green CulturED reserves the right to remove any User Content at any time and for any reason. To the extent that you provide any User Content, you represent and warrant that:
- You have all necessary rights, licenses, and/or clearances to provide such User Content and permit Green CulturED to use such User Content as provided above.
- Such User Content is accurate and reasonably complete.
- As between you and Green CulturED, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content.
- Such User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
User Data
Additionally, through your access to/use of the Class Sites and Online Courses, you will provide Green CulturED with User Data. “User Data” means, other than Resultant Data any information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly from a User, by or through the Class Sites or Online Courses. For the avoidance of doubt, User Data includes information reflecting the individual and personal information of any User which could be used to identify them, other than Resultant Data. Subject to the license granted to Green CulturED, as between User and Green CulturED, User will be the sole and exclusive owner of any and all rights, title, and interest in and to the User Data.
You hereby grant Green CulturED an irrevocable, worldwide, perpetual, royalty-free and non-exclusive, transferable, and sublicensable license to distribute, reproduce, modify, adapt, and use your User Data, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose), in connection with providing and improving the Class Sites and Online Courses in accordance with these Terms of Use and the Privacy Policy.
Resultant Data
“Resultant Data” means information, data, and other content that is derived by or through your access to/use of the Class Sites and Online Courses from processing User Data that is sufficiently aggregated and/or de-identified by Green CulturED so that the specific underlying User Data cannot be reverse engineered or otherwise identified from the inspection, analysis or further processing of such information, data or content. Green CulturED is the sole and exclusive owner of any and all rights, titles, and interests in and to the Resultant Data.
You hereby unconditionally and irrevocably acknowledge and agree that all rights, titles, and interests in and to the Resultant Data shall remain the sole property of Green CulturED. You hereby assign all interests and rights you have in and to any Resultant Data to Green CulturED, and further waive all rights, title, interest, or moral rights in the Resultant Data, and agree to execute any documents or instruments as may be reasonably necessary to give effect to such assignment and waiver, and as requested by Green CulturED in order to secure its foregoing intellectual property rights to the Resultant Data.
Third-Party Intellectual Property Rights
The Class Sites and Online Courses may also contain intellectual property rights owned by third parties. The ownership of all such third-party intellectual property rights, including but not necessarily limited to copyrights and trademarks, are owned by their respective owners, and neither you nor Green CulturED shall acquire any ownership or other interest in such third parties’ intellectual property rights except as may be dictated by applicable law.
Online Courses Communication
The Online Courses may provide you with the ability to post messages to user forums or user review pages, enter chat rooms, or send similar messages and communications to third-party service providers, other users, and/or Green CulturED. You agree to use communication methods available on the Online Courses only to send communications and materials related to the subject matter for which Green CulturED provided the communication method, and you further agree that all such communications by you shall be subject to and governed by these Terms of Use.
By using any of the communications methods available on the Online Courses, you acknowledge and agree that:
- All communications methods constitute public, and not private, means of communication between you and the other party or parties.
- Communications sent to or received from third-party service providers or other third parties are not endorsed, sponsored, or approved by Green CulturED in any manner (unless expressly stated otherwise by Green CulturED).
- Communications are not pre-reviewed, post-reviewed, screened, archived, or otherwise monitored by Green CulturED in any manner, though Green CulturED reserves the right to do so at any time at its sole discretion in accordance with these Terms of Use.
Additionally, through such communication methods, Green CulturED may make certain types of services available to you. For instance, Green CulturED may make available to you, as part of your participation in an Online Course, chat room services that allow you to communicate with Green CulturED staff members so that you may ask questions about the materials in the Online Course or about your general experiences on the Class Sites. You acknowledge and agree that such services (ex. chat room services, etc.) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered “Content” under these Terms of Use and is provided for educational purposes only.
Payment Terms
To purchase any services or products offered by Green CulturED through the Class Sites, you must have internet access and a current valid payment method that is accepted by Green CulturED at the time of purchase. Green CulturED reserves the right to expand or limit its payment methods at any time. You also agree to pay for the products you purchase through the Green CulturED Class Sites as they become due in accordance with the terms of your order. You agree to Green CulturED, or its third-party payment provider, storing the payment information you provide through the Class Sites.
In conjunction with each payment you make through the use of the Class Sites, or which a third party makes on your behalf, you warrant that the payment information is true and correct (ex. valid credit card information). Further, you understand and agree that any declined payment may lead to additional fees (ex. dishonored credit card) and to the suspension or termination of your User Account and access to and use of the Online Courses.
Payment Processor
Green CulturED may use a third-party payment processor, to process payments made via the Site. You acknowledge and agree that Green CulturED is not responsible for any fees charged by a third-party payment processor in connection with processing your payments and that it is your responsibility to make payment of any fees charged by the third-party payment processor. A third-party payment processor may handle the information you provide through the Class Sites or Online Course in connection with payment, including personally identifiable information, in accordance with the Payment Processor’s privacy policy found on its website. By providing your payment information and other information through the Class Sites or Online Courses, you consent to Green CulturED providing such information to its third-party payment processor.
Tuition-Refund Policy
IMPORTANT NOTE: All fees paid to Green CulturED or otherwise associated with your use of the Class Sites or Online Courses are non-refundable, except as provided. You will not be entitled to any refund if a Green CulturED Company Product has been canceled or if Green CulturED believes there has been a violation of these Terms of Use.
If you, as a User, are unhappy with an Online Course, have not accessed any course assessment, and request a refund within thirty (30) days of the date that you paid the one-time fee to the Course (“Course Fee”), we will provide you with a full refund of the Course Fee. To request a refund, you must send an email to Info@GreenCulturED.co within thirty (30) days of the date that you paid the Course Fee. You may not request a refund by telephone. If a refund is issued for an Online Course for certification, you’ll no longer receive certification and associated services for the Online Course.
REFUND POLICY: CORRESPONDENCE POSTSECONDARY PROPRIETARY EDUCATIONAL INSTITUTION’S.
The institution shall cancel a Learner’s enrollment upon request of the Learner. The Learner’s obligation at the time of cancellation will be calculated as follows:
- A Learner is entitled to a full refund if one (1) or more of the following criteria are met:
- After six (6) days, but before the beginning of training, a registration fee of 20% of the total tuition is not to exceed $100.00.
- The Learner does not meet the postsecondary proprietary educational institution’s minimum admission requirements.
- The Learner’s enrollment was procured as a result of a misrepresentation in the written materials utilized by the postsecondary proprietary educational institution.
- If the Learner has not visited the postsecondary educational institution prior to enrollment, and, upon touring the institution or attending the regularly scheduled orientation/classes, the student withdrew from the program within three (3) days.
- A Learner withdrawing from an instructional program, after starting the instructional program at a postsecondary proprietary institution and attending one (1) week or less, is entitled to a refund of ninety percent (90%) of the cost of the financial obligation, less an application/enrollment fee of ten percent (10%) of the total tuition, not to exceed one hundred dollars ($100).
- A Learner withdrawing from an instructional program, after attending more than one (1) week but equal to or less than twenty-five percent (25%) of the duration of the instructional program, is entitled to a refund of seventy-five percent (75%) of the cost of the financial obligation, less an application/enrollment fee of ten percent (10%) of the total tuition, not to exceed one hundred dollars ($100).
- A Learner withdrawing from an instructional program, after attending more than twenty-five percent (25%) but equal to or less than fifty percent (50%) of the duration of the instructional program, is entitled to a refund of fifty percent (50%) of the cost of the financial obligation, less an application/enrollment fee of ten percent (10%) of the total tuition, not to exceed one hundred dollars ($100).
- A Learner withdrawing from an instructional program, after attending more than fifty percent (50%) but equal to or less than sixty percent (60%) of the duration of the instructional program, is entitled to a refund of forty percent (40%) of the cost of the financial obligation, less an application/enrollment fee of ten percent (10%) of the total tuition, not to exceed one hundred dollars ($100).
- A Learner withdrawing from an institutional program, after attending more than sixty percent (60%) of the duration of the instructional program, is not entitled to a refund.
Availability & Limitations
You acknowledge and agree that Green CulturED’s services and products, including the Online Courses and Class Sites, are not available at all times, and that certain usage limits may apply. You also understand that Green CulturED, at its sole discretion, may limit, suspend, or terminate your access to and use of all Green CulturED-provided services, such as Online Courses, evaluation services, or certifications. You also understand that Green CulturED may modify or discontinue all services related to its Online Courses at its sole discretion.
Green CulturED makes no representations that the Class Sites or Online Courses operate (or are legally permitted to operate) in all geographic areas, or that the Class Sites, Online Courses, or information, services, or products offered through the Class Sites or Online Courses are appropriate or available for use in other locations. Accessing the Class Sites or Online Courses from territories where the Class Sites, Online Courses, or any content or functionality of the Class Sites, Online Courses or portions thereof, including but not limited to functionality discussed in the Privacy Policy, is illegal is expressly prohibited. If you choose to access the Class Sites or Online Courses, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.
Green CulturED reserves the right to perform maintenance on the Class Sites and Online Courses whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. Green CulturED will attempt to communicate any expected prolonged system outage to Users in advance of such an outage. Green CulturED is not liable for any unforeseen or unexpected system outage due to the unavailability of utilities or supplies, acts of god, natural disasters, labor strikes or shortages, or any other condition that is reasonably outside of Green CulturED’s control.
Class Sites & Online Courses Changes
Green CulturED reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Class Sites or Online Courses, or any part of portion thereof, with or without notice to you. You agree that Green CulturED shall not be liable to you or to any third party for any modifications, suspensions, or discontinuance of the Class Sites or Online Courses, or any portion thereof. Nothing in these Terms of Use shall be construed to obligate Green CulturED to maintain and support the Class Sites, Online Courses, or any part of portion thereof, during the term of these Terms of Use.
Risk Assumption
The Class Sites and the Online Courses are intended for information purposes only. When you access the Class Sites, the Online Courses, download or upload content on the Class Sites or Online Courses, proceed to other websites linked therein, or interact with the Class Sites or Online Courses in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments or corruption of data.
Warranties Disclaimer
You expressly acknowledge and agree that your use of the Class Sites, the Online Courses, and all Content and services available on or through the Class Sites and Online Courses is at your sole risk and responsibility. ACCORDINGLY, YOU ASSUME ALL RISKS OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM THE USE OF ONLINE COURSES AND CONTENT.
THE ONLINE COURSES AND CLASS SITES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR ACCESS TO AND USE OF THE ONLINE COURSES AND CONTENT.
GREEN CULTURED DOES NOT WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE CLASS SITES OR ONLINE COURSES, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. GREEN CULTURED DOES NOT WARRANT THAT THE CLASS SITES OR ONLINE COURSES, CONTENT, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE CLASS SITES, CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE CLASS SITES OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE CLASS SITES OR THE ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE CLASS SITES OR CONTENT WILL BE CORRECTED.
GREEN CULTURED DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CLASS SITE OR ANY ONLINE COURSES OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE CLASS SITE OR OF THE ONLINE COURSES. EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF GREEN CULTURED, GREEN CULTURED PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE CLASS SITE OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH GREEN CULTURED.
GREEN CULTURED DOES NOT WARRANTY OR GUARANTEE ANY OF THE USERS’ COMPLIANCE WITH THE LAW. GREEN CULTURED IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER GREEN CULTURED’S SERVICES ARE INVOLVED.
Limitation of Liability
IN NO EVENT WILL GREEN CULTURED, ITS LICENSORS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR SUBSIDIARIES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE OR INABILITY TO USE THE CLASS SITES OR ONLINE COURSES, ANY WEBSITES LINKED TO THE CLASS SITES OR ONLINE COURSES, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN THE CLASS SITES OR ONLINE COURSES, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WHILE YOUR USE OF THE CLASS SITES OR ONLINE COURSES IS AT YOUR OWN RISK IF GREEN CULTURED SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR ACCESS TO OR USE OF THE CLASS SITES OR ONLINE COURSES, GREEN CULTURED’ TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE LESSER OF $500 OR THE AMOUNT OF FEES PAID TO GREEN CULTURED BY YOU OR YOUR SUBSCRIBING ORGANIZATION FOR YOUR ACCESS TO THE APPLICABLE PORTION OF THE ONLINE COURSE(S) IN THE PRECEDING SIX (6) MONTHS. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION, GREEN CULTURED AND ITS LICENSORS WOULD NOT PROVIDE ACCESS TO OR USE OF CLASS SITES AND/OR ONLINE COURSES.
Other Site(s) Linking
Online Courses may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. Green CulturED does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
- We have no responsibility for the accuracy or availability of information provided by Linked Sites.
- We do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Class Sites at any time for any reason or for no reason.
GREEN CULTURED WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES.
We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights governed by the “Third Party Intellectual Property Rights” section herein.
Indemnity
You agree to release, defend, indemnify, and hold harmless Green CulturED, its licensors, and any of their respective officers, directors, employees, subcontractors, agents, successors, assigns, affiliates, or subsidiaries, from and against any and all claims, demands, causes of action, lawsuits, proceedings, losses, damages, costs, and expenses (including reasonable legal and accounting fees) made by any third party and arising or resulting from:
- Your access to or use of the Class Sites or Online Courses.
- Your violation of these Terms of Use, the Privacy Policy, or any rights of another.
- Incomplete or inaccurate information or data provided by you.
- Unauthorized use of any content or materials available on or through the Class Sites or Online Courses.
- Any content you upload or post to the Class Sites or Online Courses.
Notwithstanding the foregoing, you are not required to indemnify Green CulturED against claims that the Class Sites or Online Courses, when used in accordance with these Terms of Use, infringe upon the intellectual property rights of any third party.
This “Indemnification” section shall not affect nor impair any person’s right to lawfully pursue claims against other Users for their alleged violations of the law. Further, if Green CulturED receives a subpoena based on your use of the Online Courses or Class Sites, you hereby agree to and promise to indemnify Green CulturED for all costs and expenses, including responsible attorneys’ fees incurred related to responding to the subpoena. This indemnification obligation is in addition to any other rights or remedies Green CulturED may have in law or equity.
Green CulturED reserves the right, at its discretion, to assume or participate, at your and your organization’s expense, in the investigation, settlement, and defense of any action or claim to which it is entitled to indemnification. You also agree that Green CulturED shall be entitled to retain a counsel of its own choosing at your cost. You further agree to notify Green CulturED of your knowledge of any claim against Green CulturED or involving the Class Sites or Online Courses. You agree to cooperate fully with Green CulturED during such proceedings. No claim shall be settled without Green CulturED’s prior written consent unless such settlement includes a complete release of Green CulturED from all liability and does not contain or contemplate any payment by, or injunctive or other equitable relief binding upon, Green CulturED.
Confidentiality
In consideration for accessing and using the Class Sites and/or the Online Courses, you agree to treat as confidential the Online Courses, the Content, and the assignments, tests, quizzes, exams, projects, and any other evaluations of progress in the Online Courses. All such confidential information shall be used solely in accordance with the terms of these Terms of Use and Privacy Policy and, except as may be required in carrying out the terms of these Terms of Use or Privacy Policy, shall not be disclosed to any third party without the prior consent of Green CulturED. The foregoing shall not be applicable to any information that is publicly available when provided to you or which thereafter becomes publicly available other than in contravention of this “Confidentiality” section or which is required to be disclosed by any applicable regulatory authority or law.
Termination
You agree that Green CulturED, in its sole discretion, may deactivate your User Account or otherwise terminate your access to and use of the Class Sites or Online Courses for any reason or no reason, including, without limitation, if Green CulturED believes that you have:
- Breached these Terms of Use or the Privacy Policy.
- Infringed the intellectual property rights of a third party.
- Posted, uploaded, or transmitted any Unauthorized Content to the Class Sites or the Online Courses.
- Violated or acted inconsistently with the letter or spirit of these Terms of Use or the Privacy Policy.
You agree that any deactivation or termination of your access to the Class Sites or Online Courses may be affected without prior notice to you and that Green CulturED shall not be liable to you nor any third party for any termination of your account or the Online Courses. You also acknowledge that subject to the licenses granted herein, Green CulturED may retain and store your information, including User Content and User Data, on Green CulturED’s systems notwithstanding any termination of your account or the Online Courses.
Customer Support & Abuse Reports
Green CulturED is committed to customer satisfaction. It is our policy to enable all users to communicate any issues they may have to the Company. Without limiting the “Disclaimer of Warranties” or “Assumption of Risk” sections of these Terms of Use, Green CulturED is committed to providing customer support. Support can be reached by sending an email to Info@GreenCulturED.co. Green CulturED attempts to respond to customer inquiries within two (5) business days. Additionally, if you have any feedback or complaints for our consideration, please email Info@GreenCulturED.co.
If you have any reason to believe that content on the Class Sites or Online Courses violates any law, that any User is using Class Sites or Online Courses in violation of the law, or that any User is violating these Terms or the Privacy Policy, you may inform Green CulturED in writing about the facts and circumstances of the alleged abuse/violations by writing to the address provided in the “Notices and Communication” section. Green CulturED may but is not obligated, to conduct an investigation into the allegations. Green CulturED reserves the right to remove accounts, content, or postings that from the Class Sites or Online Courses, which Green CulturED, in its sole discretion, believes are offensive, illegal, or otherwise inappropriate.
Copyright Infringement Policy & Complaints
Green CulturED respects the rights and intellectual property of others, and we ask our Users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Green CulturED Copyright Agent with notices specified with the following information:
- Your signature (physical or electronic).
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Online Courses, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
The Green CulturED Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
Green CulturED, LLC
757 East 20th Avenue
Suite 370-439
Denver, Colorado 80205
Info@GreenCulturED.co
If you believe that material or content you posted on the Class Sites or Online Courses was removed or access to it was disabled by mistake, including misidentification, you may submit a written notification to our copyright agent designated above:
- Your signature (physical or electronic).
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States then Denver, Colorado) and that you will accept service from the person (or an agent of that person) who provided Green CulturED with the complaint at issue.
Adult Use Only
You hereby affirm that you are either eighteen (18) years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to agree to and be bound by these Terms of Use. In any case, you affirm that you are over the age of thirteen (13) as the Online Courses are not intended for children under thirteen (13). If you are under thirteen (13) years of age, you may not use the Class Sites or Online Courses.
Governing Law
All purchases made through the Class Sites are deemed made within the State of Colorado. These Terms of Use and the Privacy Policy shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado, as it is applied to agreements entered into and to be performed entirely within Colorado and without giving effect to any principles of conflict of laws.
Dispute Resolution
Except for injunctive relief, you agree that any claim, dispute, action, or litigation based hereon, relating to or arising out of these Terms of Use, the Privacy Policy, or related to the Class Sites or Online Courses provided by us to you shall be brought and maintained exclusively via arbitration. Any party seeking to pursue an action to arbitrate shall give written notice to the other party of such election that summarizes in sufficient detail the basis of the dispute at least ten (10) days before bringing an arbitration action. The dispute shall be submitted for arbitration with JAMS in accordance with its Comprehensive Arbitration Rules and Procedures. Such arbitration shall be conducted, unless otherwise agreed by the parties, by a single arbitrator, who shall be a former judge, in a location that is mutually agreeable to the parties (or, if no agreement can be reached, then a location in Denver County, Colorado). The award of the arbitrator may be confirmed or enforced in any court of competent jurisdiction. The prevailing Party in any arbitration shall be entitled to recover all costs incurred by such party in connection with the proceeding, including reasonable attorneys’ fees.
If injunctive relief is needed, the parties agree to exclusively utilize the courts with jurisdiction in Denver County, Colorado. You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation or any action has been brought in an inconvenient forum.
Prior Action Before Formal Claim
You agree that as a material provision of these Terms of Use, you will provide us detailed written notice of any claimed deficiencies and at least thirty (30) days to cure such alleged deficiency in our service prior to bringing any formal legal claim against us. You further agree that this provision is reasonable and helps aid us in providing high-quality services and complying with applicable law. Should you violate this provision and fail to give us such notice, it shall constitute a material breach of these Terms of Use and entitle us to all of our attorneys’ fees, court costs, and any related expenses associated with enforcing our right to the thirty (30) day cure period. This provision specifically applies to any and all claims under local, state, or federal law, and specifically includes claims related to the American Disabilities Act (ADA).
Action Time Limitations
Unless prohibited by law, you agree that any cause of action arising out of or related to the Class Sites and/or the Online Courses or any other services provided to you by Green CulturED must commence within one (1) year after the cause of action arose, otherwise, such cause of action is permanently barred and shall be deemed released and waived by you.
Attorneys’ Fees
If Green CulturED prevails in any arbitration, action, suit, or proceeding arising from or based upon these Terms of Use, Green CulturED shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
Jury Trial Waiver
EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THESE TERMS OF USE OR THE PRIVACY POLICY, OR RELATED TO CLASS SITES OR THE ONLINE COURSES.
Class Action Waiver
EACH OF THE PARTIES HERETO WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD, AGREES THAT ANY AND ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS USING THE DISPUTE RESOLUTION PROVISIONS IN THESE TERMS OF USE.
Rights Assignment
Green CulturED may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of Green CulturED.
Severability
If any provision of these Terms of Use or Privacy Policy is found to be unlawful, void, or for any reason unenforceable by a court or an arbitrator of competent jurisdiction, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. If any provision in these Terms of Use, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.
Force Majeure
Green CulturED shall have no liability under these Terms of Use or the Privacy Policy to the extent arising from any failure of Green CulturED to perform any of its obligations under these Terms of Use or the Privacy Policy due to any unavailability of utilities or supplies, fire, flood, earthquake, other act of God, war, civil unrest, terrorism, Internet failure, governmental act or court order, national emergency, strike or labor dispute or any other event not within Green CulturED’s reasonable control. Additionally, Green CulturED shall not be responsible for damages or other problems caused by any unauthorized change to these Terms of Use or Privacy Policy.
Training Records Retention
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will Green CulturED be liable to you for your failure to retain necessary records, nor will Green CulturED’s retention or non-retention of records act to alleviate your duty under the law.
Non-Waiver
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of these Terms of Use shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by Green CulturED in exercising any right, power, or privilege hereunder shall operate as a waiver. Similarly, Green CulturED’s election to not assert its rights under these Terms of Use shall not preclude Green CulturED from asserting its rights in the future.
Entire Agreement
These Terms of Use and the Privacy Policy constitute the entire agreement between you and Green CulturED relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Class Sites by Green CulturED or through a notice from Green CulturED to you.
Notices & Communication
You authorize Green CulturED and its sponsors and affiliates to communicate with you to the full extent allowed by Green CulturED’s Privacy Policy. Such communication may include commercial emails and other notices describing changes, upgrades, new products, and services, or other information pertaining to the Class Sites, Online Courses, or Green CulturED. If you do not wish to receive bulk email notices or announcements from Green CulturED, please send us an email at the address listed herein. To the extent you do not wish to receive communication from our sponsors and affiliates, you should contact them directly. Any notice which may be required to be given to us under these Terms of Use may be sent to us by writing or emailing to the following addresses:
Green CulturED, LLC
757 East 20th Avenue
Suite 370-439
Denver, Colorado 80205
Info@GreenCulturED.co
No Third-Party Beneficiaries
Except as otherwise expressly provided herein, nothing in these Terms of Use is intended to confer upon any third party any rights, remedies, obligations, or liabilities.
Headings
The headings in these Terms of Use are for convenience only and have no legal effect. Accordingly, the heading of any section of these Terms of Use shall not affect the interpretation of any provision of the rights or obligations of the parties.
Successors & Assigns
Except as otherwise expressly provided herein, these Terms of Use shall bind and inure to the benefit of the successors, assigns, heirs, executors, and administrators of the parties hereto.
