Terms of Service

Terms and Conditions

1.General

1.1 This document outlines the Terms of Service for the use of CyberLearning. Members/students/users who are in violation of these Terms of Service may have their access revoked.

1.2 Your participation in the Service is conditioned upon your acceptance of this Agreement. Please carefully read this Agreement. You indicate your acceptance by using the Service, enrolling in a class, workshop or lab, downloading a tutorial, or by purchasing any of our products. CyberLearning reserves the right, in its discretion, to change all or any part of this Agreement at any time. Such changes shall be effective immediately upon publication of the modified Agreement on the Service. Your continued use of the Service following any changes constitutes your binding acceptance of these terms and conditions including any such changes.

1.3 CyberLearning is a project of 501 (c) (3) Non profit National Education Foundation based in Alexandria, VA. CyberLearning is a global leader in providing high quality IT, K-12, Management and Test Prep courses at the lowest fees to disadvantaged populations all over the world. These terms and conditions apply with respect to CyberLearning.org CyberLearning, QZAB.ORG, Stimulusschools.org and other domains controlled by NEF. For the purposes of this agreement the name “CyberLearning” will be used throughout to refer to all the aforementioned properties and domains.

1.4 We have established the following terms of service to foster a positive experience and environment for our users and to comply with applicable laws.

2. Definitions

2.1 “Courses” include online courses, and are defined to include where applicable, Health Insurance Portability and Accountability Act Courses ("HIPAA Courses") and the Business Skills Video Courses and courses which include Instant Mentoring. “Acceptance” You are deemed to accept these terms of service by entering your log in and password information. By accessing the Web Site you accept and agree to be bound by the terms, conditions and notices set forth herein (this "Agreement").CyberLearning, may at any time and in its sole discretion, modify the terms of this Agreement by updating this Web page. Therefore, you should review this page from time to time so that you will be aware of any such modifications. CyberLearning may post additional guidelines or rules, whether relating to particular subparts of the Web Site or otherwise (the "Subpart Terms") from time to time. Any Subpart Terms are hereby incorporated into this Agreement by reference; provided, however, that in the event of a direct conflict between any Subpart Terms and the terms set forth on this page, the terms hereof shall control. “Service” shall include enrollment in Couses, Courseware content, participation on any action or activity on our website such as forum, chat, content viewing.

3. Use of Material; Non-Commercial Purpose

3.1 The contents of the Web Site are protected by copyright and other laws in both the United States and elsewhere. The contents of this Web Site include both content owned or controlled by the CyberLearning and content owned or controlled by third parties and licensed to CyberLearning. The Web Site is for your personal, noncommercial use. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of, use of, or access to the Web Site.

3.2 CyberLearning grants you, as a registered subscriber, the right, with a standard web browsing program not supplied by CyberLearning ("Browser") to use the Service and the information, software, photographs, audio and video clips, graphics and other material contained on the Service (collectively, the "Content") solely for your own individual (non-commercial) use on one personal computer or other device capable of displaying the Content. You may not share your access nor distribute any Content from the Service to others without the prior written permission of CyberLearning. 3.3 Certain Service or Content such as Courseware have a valid time period supplied to you at the time of enrollment (“Valid Period”). Your access and use of such Service shall end upon expiry of the valid period even if you continue to have a userid present. 4. Links

4.1 The Web Site may contain links to other web sites ("Linked Sites"). Linked Sites are not under the control of the CyberLearning and the CyberLearning is not responsible for the contents thereof. These links are provided to you only as a convenience, and inclusion of a link does not imply endorsement of the Linked Site by CyberLearning or any association with its operators. You acknowledge and agree that CyberLearning shall not be responsible or liable for any damage or loss caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Site. 4.2 Chat Rooms and Discussion Groups

The Web Site contains chat rooms and discussion groups. These are intended to provide users with a valuable resource on selected topics. Much, if not most, of the content found on such chat rooms and discussion groups is provided by third party users, and not CyberLearning. The third party user who is posting in a chat room or discussion group, and not CyberLearning, is responsible for the content of such posting.

5. Standard of Conduct.

5.1 You may use the student forum feature of the Service for lawful purposes only. You may not upload to, or distribute or otherwise publish through the Service, any material which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to CyberLearning in its sole and absolute discretion, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as by infringing any copyright, trademark, patent, or trade secret or violating any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not use the Service for any commercial purpose , including advertising or solicitation of funds or goods and services. In addition, you may not use the Service to solicit subscribers to join other online information services that are competitive with the Service.

5.2. No Endorsement. CyberLearning does not pre-screen or control the content of any posting and, as such, does not endorse, support, represent, or guarantee the truthfulness, accuracy or reliability of any communication posted or endorse any opinion expressed in any posting. Moreover, you understand that by using the Web Site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will CyberLearning be liable in any way for the content of any posting, including but not limited to, any errors or omissions in its content, or any loss or damage of any kind incurred as a result of the use of any content posted.

5.3 . No Obligation to Monitor. CyberLearning does not control information delivered to the chat rooms or discussion groups. CyberLearning monitor chat rooms and discussion groups specifically designated as SmartMentor monitored for the limited purpose of responding to on-topic questions or comments. Except to the extent specifically set forth in this Agreement, CyberLearning has no obligation to monitor any chat room or discussion group, including for the purposes of removing material that is inaccurate, offensive or inappropriate or material which otherwise violates this Agreement. Notwithstanding the foregoing, CyberLearning reserves the right to monitor, for any purpose, any chat room or discussion group at any time.

5.4 In the event that CyberLearning receives a complaint that the content posted by a member allegedly infringes intellectual property rights or is otherwise unlawful, CyberLearning may request written substantiation of the complaint from the complaining party, for example, substantiation of proof of ownership in the form of a trademark, service mark, patent or copyright. CyberLearningg will take the steps it believes to be appropriate under the circumstances, for example, we may:

1. Immediately remove the allegedly offending information from the website until the dispute is resolved;

2. Provide the member with contact information for the complaining party;

3. Instruct the member to contact the complaining party to resolve the dispute;

4. Inform the complaining party of our actions and ask that party to work directly with the member;

Note: All correspondence between the parties must also be sent to CyberLearning (info@NEFUniversity)

5.4 Certain CyberLearning Rights. In addition to reserving the right to monitor, for any purpose, any chat room or discussion group at any time, CyberLearning also reserves the courses right at any time (1) to disclose any information as necessary to satisfy any applicable policy, law, regulation, legal process, government request, or similar or (2) to edit, refuse to post or remove any information or materials, in whole or in part, for any reason whatsoever, in the CyberLearning's sole discretion. You may report any communication that you believe to be contrary to any provision of this Agreement by sending e-mail to info@cyberlearning.org. If CyberLearning discovers any communication that is alleged not to conform to any term hereof, then CyberLearning may, but need not, investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication; provided, however, CyberLearning will have no liability or responsibility for the performance or nonperformance of such activities.

5.6 License:

Course Ware – You are granted a temporary, non-exclusive, non-transferable license to access courses and course materials in website, audio, video, website, documents and other forms for the duration of the Valid Period. You are the only person who may view or access the purchased Services throughout the term of this agreement and Valid Period. CyberLearning or its content suppliers are are the exclusive owners of the Services. Title to the Services, or any copy, modification or merged portion of the Services, shall at all times remain with CyberLearning.

Community Forums, Chat etc - CyberLearning does not claim ownership of the content you or other users provide, post, upload, input or submit to the Web Site. However, by posting your submission you are granting CyberLearning a royalty free, perpetual, irrevocable, non-exclusive license to use your submission in connection with the operation of the Web Site, such license to include the right to reproduce, modify, publish, edit, translate, distribute, perform, and display the submission alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights.

5.7 CyberLearning reserves the right to deny, suspend, or revoke any membership (without prior notice) in the event that CyberLearning learns that a member or person seeking membership is under the age of 16.

5.8 CyberLearning is not responsible or liable for any loss of data, nor is it required to return any data, resulting from our suspension or deletion of member posted content, network or system outages, file corruption or any other reasons. We urge all members to maintain backups of any information posted to CyberLearning to guard against losses of any kind.

5.9 Under no circumstances, you will share the Service with user individuals or organizations. This include NO Sharing of userid, password or access to Services and content.

5.10 You may not: (a) sublicense, assign, transfer, distribute or rent the Services; (b) use, copy or modify the Services, in whole or in part, except as expressly permitted in this Agreement; (c) take any action designed to unlock or bypass any restrictions on number of users or access to the Services; or (d) access any of the Services after the end of the license term or Valid Period. There are no implied licenses.You agree not to exceed the scope of the licenses granted herein. 5.11 When a Service has enrollment or other fees, you agree to pay all charges for your use of the Services in the currency in which the charges are billed. If payment is not received by us for any reason through electronic means, you agree to pay all amounts due upon demand. If payments are not received by us, we have the right to terminate your Service and access without any notice.

6. Termination

6.1 CyberLearning reserves the right, in its sole discretion, to terminate your access to and use of the Web Site or any part hereof, and to remove and discard any material posted by you hereon, for any reason whatsoever, including, without limitation, for lack of use or if the CyberLearning believes that you have violated or acted inconsistently with the letter or spirit of this Agreement; provided, however, that the CyberLearning will have no liability or responsibility for the performance or nonperformance of such activities.CyberLearning may also, in its sole discretion and at any time, discontinue operation of the Web Site, or any part hereof. Any such termination may be effected without any prior notice. Upon any such termination, the CyberLearning may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Web Site generally. Further, CyberLearning shall not be liable to you or any third-party for any termination of your access to the Web Site.

7. Subscriber Qualifications:

7.1 As part of the registration process, you will either be given an access key or a user id and password. If you are given an access key, you will select a password and fill in certain information about yourself. You must provide accurate, complete, and current registration information and you agree to provide CyberLearning with any updates to that information promptly after such changes occur.

7.2 Individual subscriptions to the Service are available only to persons who are at least 18 years of age. Your right to use the Service is personal to you and cannot be transferred to any other person.

7.3 You are responsible for all use of your account under any password by any person, whether or not authorized by you, and for ensuring that all use of your account complies with this Agreement.

7.4 You shall be responsible for obtaining communication services, computer equipment and other products or services necessary to access and use the Service. You shall be responsible for all charges associated with accessing and maintaining a connection to the Service including, but not limited to, charges imposed by an Internet service provider, or your local telephone CyberLearning.

8. Service and System Availability:

8.1 CyberLearning uses reasonable efforts to maximize system availability. CyberLearning shall make a reasonable effort to correct any technical difficulties which may arise with the Service, however, CyberLearning is not responsible for any Service down time. CyberLearning is not responsible for any technical difficulties resulting from the World Wide Web, internet access, computer hardware or software.

9. No Warranties; Limitation of Liability; Disclaimer of Damages THE WEB SITE AND ALL THE CONTENTS HEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. NEF UNIVERSITY AND ITS AFFILIATES AND THIRD PARTIES ASSOCIATED WITH THE WEB SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. NEF UNIVERSITY AND ITS AFFILIATES AND THIRD PARTIES ASSOCIATED WITH THE WEB SITE, MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE OR THE CONTENTS HEREOF. NEF UNIVERSITY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEB SITE OR THE CONTENTS HEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NEF UNIVERSITY IS NOT RESPONSIBLE FOR THOSE COSTS. MUCH OF THE MATERIAL ON THE WEB SITE IS PROVIDED BY THIRD PARTIES AND NEF UNIVERSITY SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS OR OTHER CONTENTS OF THE WEB SITE OR WITH THIS AGREEMENT, NEF UNIVERSITY'S PRIVACY POLICY , OR OTHER POLICIES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEB SITE. ALTHOUGH THE WEB SITE IS INTENDED TO BE EDUCATIONAL, NEITHER THE NEF UNIVERSITY OR ITS AFFILIATES OR ANY THIRD PARTY ASSOCIATED WITH THE WEB SITE MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT ANY USER HEREOF WILL OBTAIN ANY PARTICULAR RESULT, INCLUDING, WITHOUT LIMITATION, MASTER ANY PARTICULAR SKILLS OR PASS ANY EXAMINATION OR ACHIEVE ANY OTHER TANGIBLE RESULTS BASED UPON USE OF THE PRODUCTS, SERVICES, OR OTHER OFFERINGS ON THIS WEBSITE. IN NO EVENT SHALL NEF UNIVERSITY OR ITS AFFILIATES OR THIRD PARTIES ASSOCIATED WITH THE WEB SITE BE LIABLE TO ANY USER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENTS THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEF UNIVERSITY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to defend, indemnify, and hold harmless CyberLearning, its officers, directors, employees, agents, affiliates and strategic partners from and against any claims, actions or demands, arising or resulting. CyberLearning shall provide notice to you promptly of any such claim, suit or proceeding and reasonably assist you, at your expense, in defending any such claim, suit or proceeding.

11. Miscellaneous

This Agreement is governed by the internal laws of the State of Virigina , U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts inVirginia, USA in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. This Agreement constitutes the entire agreement between the user and CyberLearning with respect to the Web Site and supercedes all prior or contemporaneous communications, proposals, whether electronic, oral or written, between the user and CyberLearning with respect to the Web Site.

12. If at any time any part of this Agreement is no longer acceptable to you, you should immediately terminate your use of this Service. CyberLearning is not obligated to refund any portion of fees paid or to forgive any fees that remain payable, but it may consider requests for a refund or forgiveness of fees, as applicable, in its sole and absolute discretion.

13. This Agreement is the entire agreement relating to its subject matter between you and CyberLearning, and it supercedes any prior proposal, representation or understanding between the parties, unless expressed in a formal contract, which will be interpreted in a manner consistent with this Agreement.