Updated June 29, 2020
AGREEMENT AND ACCEPTANCE OF TERMS
By using this Service, purchasing a course, or by indicating your agreement to these Terms of Service through a similar mechanism, you are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not use the Services. The Services are intended for working teachers and, as such, are not intended for, nor directed at, individuals under the age of 18. If you are under 18 years of age, do not use the Services.
Enact Academy provides many services (each a “Service” and together, the “Services”) through its website(s) located at enactacademy.org, enactacademy.instructure.com, as well as any other websites and applications owned, operated, or controlled by us (each a “Website” and collectively the “Websites”), including, without limitation, services, content, and materials made available through any website, social media channels, or other online or onsite channels that enable you to participate in any Enact Academy online educational programs (collectively, the “Online Courses”) and related services.
Enact Academy may offer Online Courses in partnership with accredited universities (each a “University Partner,”) under which academic credit or certification may be offered by that University Partner, and not by Enact Academy. Please see the section of this agreement pertaining to Online Courses with University Partners below for specifics.
Enact Academy reserves the right to alter, modify, or rearrange the schedule of topics for the Online Courses, as well as the grading of assessments, assignments, and other measures of progress. By attending the Online Courses, Students acknowledge that Enact Academy maintains the right and ability to adapt, modify, or revise the Online Courses as Enact Academy deems appropriate.
Enact Academy reserves the right, at any time, to alter, or to discontinue, temporarily or permanently, the Services or any part of the Services, with or without notice to you. You agree that Enact Academy shall not be liable to you or to any third party for any alterations, suspensions, or discontinuance of the Services, or any portion thereof. Nothing in these Terms of Service shall be construed to obligate Enact Academy to maintain and support the Services.
ACCESS TO SERVICES
There are different ways in which you may access or use the Services. In all instances, you are only authorized to use the Services if you agree to abide by all applicable laws, rules, regulations, as well as these Terms of Service. You may access the Services as:
- a “Visitor,” meaning any individual that browses any of our Services, including, without limitation, through a mobile or other wireless device without being registered; and/or
- a “Student,” meaning that you have created an Account (defined below) registered, and have enrolled in and paid for access to the Online Courses and/or services, content, and/or certification provided by University Partners and that you intend to complete the applicable Online Course(s), including the assignments and assessments, and other requirements therein.
The term “User” refers to a Visitor, Student, or any other person that participates, interacts with, or otherwise makes use of any of the Services and/or any Enact Academy community.
In order to use, access, or take part in many of our Services, including the Online Courses, you may select or be assigned a login identification (“User ID”) and you will select a unique user password (“User Password”) (collectively, an “Account”). You agree that you will never share the password to your Account with any other person or third party for any reason.
To set up your Account, you may be asked to provide additional information, including your name, email address, and date of birth. Additional information may be required to confirm your identity upon setting up your Account. 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, we reserve the right to terminate your use of the Services and your enrollment any Online Courses.
CHANGES TO THESE TERMS OF SERVICE
We have the right to change or modify these Terms of Service at any time. We will notify you of any material changes to the terms and conditions of these Terms of Service or to any service or other feature of the Services and you must accept such changes in order to continue your use of the Services. If you do not accept such changes, your access to the Services will be terminated. Any change or modification to these Terms of Service will be effective immediately upon posting by Enact Academy on its Websites or applications, or as of the date indicated in the updated Terms of Service.
AGREEMENT TO RECEIVE ELECTRONIC COMMUNICATIONS
ONLINE COURSES PROVIDED WITH UNIVERSITY PARTNERS
Enact Academy may make certain Online Courses available to Students in partnership with its University Partners (defined above). You acknowledge and agree that any Online Course provided with a University Partner is subject to terms, policies, and procedures of the applicable University Partner in addition to Enact Academy’s Terms of Service. Your registration as an Enact Academy Student does not guarantee that you will be eligible for enrollment or credit with a University Partner. Without limiting the foregoing, if you are a student registered or enrolled at, or are otherwise attending, a University Partner and are taking an Online Course for credit or certification through that University Partner, you acknowledge and agree that the University Partner has its own terms, policies, and conditions related to your enrollment in its courses and programs.
Any credit or certification you receive for participation in Online Courses provided by a University Partner can only be awarded directly by that University Partner based on its own policies and procedures, and you may be required by that University Partner to be registered or enrolled with the University Partner in order to receive such credit or certification. In no event will Enact Academy have any authority or responsibility with respect to any award of academic credit or certification provided by a University Partner for any Online Course. You acknowledge and agree that it is your sole responsibility to establish your eligibility for credit with Enact Academy’s University Partners.
USER CONDUCT POLICY
As a condition of accessing or using any of the Services and/or Online Courses, you agree not to:
- violate any laws, regulations, or rules that apply to your use of the Services;
- use any automated, electronic, high-volume, or third party means to access the Services;
- copy, sell, repackage, distribute, or reproduce any content, videos, assessments, assignments, graphics, or text from Enact Academy’s Services, other than as expressly allowed under these Terms of Service;
- frame the Services on third-party sites, place pop-up windows over any of its pages, or otherwise affect the display of its pages;
- directly, or with any software, scrape or extract any content from the Websites, Online Courses, and/or Services; and/or
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
In addition, you may not post, upload, or transmit to or otherwise make available through the Services 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 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 Services; or
- that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
ENACT ACADEMY’S INTELLECTUAL PROPERTY RIGHTS
The Services and associated content are owned and operated by Enact Academy and its licensors. All content or other material available through the Services are the property of Enact Academy and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.
Enact Academy logos, trademarks, and service marks which may appear on the Website(s), throughout the Services and in Online Courses, are the property of Enact Academy and are protected under United States and foreign laws.
LICENSE TO USE THE SERVICES
Subject to your compliance with these Terms of Service and your enrollment as a Student in an Online Course offered by Enact Academy, Enact Academy hereby grants you a freely revocable, worldwide, non-exclusive, non-transferable, non-sublicensable limited right and license:
- to access, internally use and display the Services, including the content, at your location solely as necessary to participate in the Online Courses as permitted hereunder; and
- to download content necessary for your participation in Online Courses.
You must abide by all copyright notices or restrictions contained on the Websites, in any Online Course, or in the content. You may not delete any attributions, legal or proprietary notices on the Websites, in the Online Courses, or on the content.
Enact Academy may provide Users with the ability to create forum posts, chat with other Users, view User discussions, post content, discussions, materials, media, and other information throughout the Services (collectively, “User Content”). Enact Academy has no responsibility for User Content and does not guarantee that User Content is accurate, truthful, up to date, reliable, or appropriate, and disclaims any and all liability to you to the fullest extent of the law related to User Content. You understand and agree that your reliance and/or reference to such User Content is solely at your own risk. Enact Academy does not claim ownership of any User Content you, or other Users, may submit or make available for inclusion on the Websites or Online Courses. Accordingly, subject to the license granted to Enact Academy below, you will be the sole and exclusive owner of any and all rights, title, and interest in and to the User Content that you submit, post, or share via our Services. Enact Academy reserves the right to remove any User Content for any reason, at any time.
With respect to any User Content you submit to Enact Academy or that is otherwise made available to Enact Academy, you hereby grant Enact Academy an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Websites or in the Online Courses or otherwise exploit the User Content (with the right to sublicense such rights), for any purpose (including for any commercial purpose).
To the extent that you provide any User Content through any of the Services, you represent and warrant that:
- you have all necessary rights, licenses and/or clearances to provide such User Content and permit Enact Academy to use such User Content as provided above;
- your User Content is accurate and reasonably complete;
- you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content;
- your User Content does not violate and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation; and
- your User Content complies with all applicable local rules including but not limited to rules regarding online conduct and acceptable content.
USER INTERACTION SERVICES
You may be able to post messages to, and interact with, other Users, Enact Academy staff, and/or Enact Academy service providers through discussion forums, posts, chats, and a variety of similar mechanisms in the Services in connection with your participation in any Online Courses (collectively, “Interactions.” Your use of these Interactions is subject to and governed by these Terms of Service. By using any of the communications methods available on the Online Courses, you acknowledge and agree that:
- all Interactions are public, and not private, means of communication between you and the other party or parties;
- communications on Interactions are not pre-reviewed, post-reviewed, screened, archived, or otherwise monitored by Enact Academy in any manner, though Enact Academy reserves the right to do so at any time at its sole discretion in accordance with these Terms of Service.
You acknowledge and agree that any Services Enact Academy provides to you via such Interactions 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 Service and is provided for educational purposes only.
By enrolling in an Online Course or purchasing any of our Services and providing Enact Academy with your payment information, you hereby agree to these payment terms. To purchase any services or products offered by Enact Academy through the Services, you must have Internet access and a current valid accepted payment method as indicated during the sign-up process (“Payment Method”). You agree to Enact Academy’s third-party payment provider storing and accessing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Enact Academy Services as they become due, whether on a one-time, installment, or subscription basis. Fees may vary based on your location, the type of Payment Method used, where your Payment Method was issued, or other contractual arrangements. Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Enact Academy does not support all payment methods, currencies, or locations for payment and may vary such offerings from time to time. Additionally, you understand and agree that not all promotions and pricing are available to all Students, and that specific additional terms and conditions may apply to certain promotional programs, pricing, or geographic locations. You agree to use your own valid Payment Method and not impersonate or otherwise use a Payment Method to avoid regulatory restrictions.
Students enrolling in Online Course offerings have twenty-one (21) days from the first date the Online Course begins to cancel their registration and request a refund. Students who cancel within this 21 day period receive a full refund minus a $100 processing fee. If a student has completed a course before the 21 day period ends, the student is no longer eligible for a refund in that course. No refunds are available after the 21 day refund period. In order to cancel and request a refund, contact us at firstname.lastname@example.org.
Following your request to cancel by contacting the support team, you may receive an email from Enact Academy in order to obtain information and feedback relating to your request, so that Enact Academy can better understand its customers’ needs and preferences, you may also consent to participate in a call with an Enact Academy representative for similar purposes. Notwithstanding such communications, the date of your original cancellation request will serve as the date for calculating your refund eligibility; additionally, you will not be required to engage in such communications in order to complete your cancellation.
Other than stated above, you hereby acknowledge and agree that Enact Academy will not offer refunds on any fees and charges related to your purchase of any products or Services. This includes any partially used or unused periods for which you have already paid. In addition, if you cancel your Online Course, and subsequently re-enroll for the same Online Course, you will not be entitled to an additional twenty-one (21) day refund period. Only one refund is permitted per Student per Online Course.
CREDIT CARD BILLING
Credit card payments are processed by our third-party payment processor(s), including Stripe. By agreeing to these Terms of Service, you agree to be bound by Stripe’s Terms of Service as applicable. Any breach of the Terms of Service of a payment processor will be treated as a breach of these Terms. If any fee is not paid in a timely manner, or our processors are unable to process your transaction using the credit card information provided, we reserve the right to terminate your account or suspend or terminate your access to the Online Course as we deem appropriate.
SERVICES AVAILABILITY AND LIMITATIONS
You acknowledge and agree that Enact Academy’s Services, including paid services and products, are not available at all times, and that certain usage limits may apply. You also understand that Enact Academy, at its sole discretion, may limit, suspend, or terminate your use of any of the Services, including, without limitation, those related to the Online Courses, such as records of Online Course completion, or other Enact Academy Services. You also understand that Enact Academy may modify or discontinue any or all of the Services related to its Online Courses at its sole discretion.
DISCLAIMER OF WARRANTIES
You acknowledge and agree that your use of any of the Services and all content is at your sole risk and responsibility. The Services and Online Courses (including any content) are provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of fitness for a particular purpose, and non-infringement. You assume total responsibility and the entire risk for your use of the Services, Online Courses, and content. Without limiting the foregoing, we do not warrant that:
- The Services, Websites, content, or the Online Courses will meet your requirements or expectations or achieve the intended purposes;
- The Websites or the Online Courses will not experience outages or otherwise be uninterrupted, timely, secure or error-free;
- The information or content obtained through the services, such as chat room Services, will be accurate, complete, current, error-free, completely secure, or reliable; or
- That perceived or real defects in the services or content will be corrected.
You assume all risk of personal injury, including death and damage to personal property, sustained from your use of Services.
LIMITATION OF LIABILITY
Under no circumstances shall Enact Academy be liable to the User or any third party with respect to any subject matter of these Terms of Service (including any breach of security or data loss or User’s reliance on or use of anything learned in any online course in any manner) under any contract, negligence, strict liability or other theory for any indirect, incidental, or consequential damages or lost profits, loss or inaccuracy of data or documents or cost of procurement of substitute goods, services or technology, even if advised of the possibility of such damages or whether any remedy set forth herein fails of its essential purpose or otherwise. Enact Academy’s total cumulative liability arising out of or related to these Terms of Service will not exceed the greater of ten U.S. dollars ($10) or the amount of the fees received by Enact Academy from the complaining User for the use of the Services. The existence of multiple claims shall not expand or increase the foregoing limitation.
The parties acknowledge that this clause reflects the agreed-upon allocation of risk between the parties and that Enact Academy would not enter into these Terms of Service or make the Services available to User without these limitations on liability. This limitation of liability will apply notwithstanding the failure of essential purpose of any limited remedy set forth herein.
Some of the above limitations may not apply to you as not all jurisdictions allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
LINKING TO THIRD-PARTY SITES AND CONTENT
The Websites and/or Online Courses may contain links to pages or content on third-party websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. Enact Academy does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
- Enact Academy has no responsibility for the accuracy or availability of information provided by Linked Sites;
- Enact Academy does not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites.
We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such a Linked Site.
You agree to indemnify, defend, and hold harmless Enact Academy, its affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of:
- your use or attempted use of the Services in violation of these Terms of Service;
- your use or attempted use of any information or any other content provided through the Services in a manner inconsistent with these Terms of Service;
- your use or your violation of any law or rights of any third party; and/or
- information you post or otherwise make available on or through the Services, including without limitation any claim of infringement of intellectual property or other proprietary rights.
TERMINATION OF RIGHTS
You agree that Enact Academy, at its sole discretion, may deactivate your Account or otherwise terminate your use of the Services, or any part thereof, for any reason or no reason, including, without limitation, if Enact Academy believes that you have:
- violated these Terms of Service;
- infringed the intellectual property rights of Enact Academy or a third party; and/or
- posted, uploaded, or transmitted Unauthorized Content to the Services.
COPYRIGHT INFRINGEMENT CLAIMS AND DISPUTE PROCEDURE
Enact Academy respects the rights and intellectual property of others, and we ask our Users to do the same. If you believe that your work has been misrepresented or used in a way that constitutes copyright infringement, please contact Enact Academy with the following information:
- a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
- a link to the Online Course where the material is located that you claim is misrepresenting or infringing your product, work or other intellectual property;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf; and
- an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright, or other intellectual property interest.
All copyright correspondence should be directed to: email@example.com.
Enact Academy may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Service. 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 Service without the prior written consent of Enact Academy.
Enact Academy makes no representations that the Services operate (or are legally permitted to operate) in all geographic areas, or that the Services, or information, services or products offered through the Services are appropriate or available for use in other locations.
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions.
Enact Academy shall have no liability under these Terms of Service to the extent arising from any failure of Enact Academy to perform any of its obligations under these Terms of Service due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, failure or interruption of third-party services, strikes or labor disputes, or any other event not within Enact Academy’s reasonable control.
Enact Academy shall not be responsible for damage or other problems caused by any unauthorized changes to these Terms of Service made by way of hacking or cracking this page.
Any delay or failure on the part of Enact Academy to enforce any rights under these Terms of Service to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.
The section titles herein are displayed for convenience only and have no legal effect.
These Terms of Service constitute the entire agreement between you and Enact Academy relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Services by Enact Academy or through a specific writing between you and Enact Academy.
Any notice which may be required to be given to us under these Terms of Service may be sent to us by emailing the following address: firstname.lastname@example.org.