Terms and Conditions

Updated 10 April 2019

These terms and conditions ("Terms of Service") govern your use of this website xLearno.com ("Website"). In these Terms of Service, xLearno, Inc. is referred to as the “Company", “xLearno”,” “us,” or “we.”
By using this Website and its services you will be bound by these Terms of Service and the Company's privacy policy which can be found at https://www.xLearno.com/privacy. If you do not agree to these Terms of Service and/or the Privacy Policy you must not use this Website or any service provided via it. Your use of the Company’s Website and Services (as defined below) means you agree to all the terms and conditions of this agreement.

"Personal information” is information we hold which is identifiable as being about you.

Introduction


1. Welcome to xLearno. These terms and conditions apply to the services available from and related to the domain and sub-domains of the Website, including without limitation any xLearno-owned or third-party communication channels accessible from or related to the content of the Website (together with the Website, the “Services”).
2. For as long as xLearno continues to offer the Services, it shall deliver, update, improve and expand the Services as it deems appropriate. As a result, xLearno allows you to access the Website as it is and as available on any day, and it has no other obligations, except as expressly stated in these Terms of Service. xLearno may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. Unless otherwise noted, all of these changes are effective once posted on our site or by direct communication to you. Your use of the Services following such posting or communication constitutes your acceptance of the updated terms and conditions of use.
3. Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, create an agency relationship, or authorize any party to make or enter into any commitments for or on behalf of any other party.
4. xLearno does not knowingly collect or solicit personal information from anyone under the age of 16 or knowingly allow such persons to register for the Services without the express consent of such person’s parent or guardian. The Services are not intended for use by anyone under the age of 13. If you are under 13, please do not register for or access the Services. If you are under 16 and wish to use the Services, please have your parent or guardian contact us at help@teamxlearno.com. Until we receive consent from your parent or guardian, do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. In the event that we learn that we have collected personal information from a child under age 16 without verification of consent from a parent or guardian, we will delete that information as quickly as possible. If you believe your child has submitted information to xLearno without your consent and is under 16, please contact us at help@teamxlearno.com.
5. If you are an institution, such as a school, workforce board or other similar entity. seeking to utilize the Services for educational purposes, you may provide your students with access to the Services by registering for an organizational subscription. As noted previously within these Terms of Service, the Services are not intended for use by anyone under the age of 13. xLearno requires that parental consent be obtained for anyone under the age of 16. Please be advised, where an institution’s registration for a group subscription is to benefit its students, xLearno RELIES SOLELY ON THE INSTITUTION TO OBTAIN AND PROVIDE APPROPRIATE CONSENT, IF NEEDED, FOR THE COLLECTION AND USE OF PERSONAL INFORMATION FROM STUDENTS. If you are an institution, you represent and warrant that you (i) are not using the Services for anyone under the age of 13; (ii) have obtained all necessary consents required to enable xLearno to receive this this information from students before allowing students under 16 to access the Services, (iii) have provided such disclosures as you deem appropriate, which may include these Terms of Service and our Privacy Policy, to students and parents regarding how you share of personal information with xLearno and how xLearno uses such information, and (iv) have all rights necessary to grant xLearno a non-exclusive, royalty-free, worldwide license to use, transmit, distribute, modify, reproduce, display, create derivative works of, store and process students’ personal information solely for the purposes of (A) providing the Services as contemplated in these Terms of Service, and (B) enforcing xLearno’s rights under these Terms of Service. You agree to indemnify, defend and hold harmless xLearno and its parents, subsidiaries, affiliates, officers, employees, successors and assigns from and against any and all loss or damage (including reasonable attorneys’ fees) resulting from any misrepresentation, or any non-fulfillment of any representation, responsibility, covenant or agreement on your part, as well as any and all acts, suits, proceedings, demands, assessments, penalties, judgments of or against the Company relating to or arising out of the activities of you or your students.
6. If you are participating in the Compass program, including the use of assessments and other evaluations of individual participant skill, you acknowledge and agree that the Compass program is intended only as a tool, and nothing is intended to replace your or your users’ independent judgment. xLearno is not liable for any damages arising out of reliance on the information contained in or derived from the Compass program or any hiring, promotion, or termination decision made directly or indirectly as a result of the skill assessments or evaluations made available through the Compass program. You agree not to bring, file, or participate in any claim, suit, or complaint against xLearno as a result of any hiring or termination decision made by you or by any other person. You represent and warrant that you will use the Compass program only in accordance and compliance with all applicable laws and government regulations, including, without limitation, the Americans With Disabilities Act of 1990, as amended (the “ADA”).
7. Users acknowledge and agree that xLearno is not involved in the actual transaction between institutional users and their employees, contractors or candidates for positions, and xLearno has no control over the quality, safety or legality of the institutions’ hiring, promotion or termination process.     XLEARNO DISCLAIMS ANY AND ALL LIABILITY RELATED TO THE RECRUITMENT, HIRING, PROMOTION, AND TERMINATION PROCESSES, AS WELL AS THE NON-COMPLIANCE OF FEDERAL AND STATE EMPLOYMENT OBLIGATIONS, REGULATIONS AND GUIDELINES BY USERS.

Your use of this website:

1. You must not use this Website for anything that is unlawful or is otherwise prohibited by these Terms of Service and/or any notices elsewhere on this Website.
2. xLearno advises that you seek professional advice before relying on any information on this Website. Under no circumstances will xLearno be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, music, sound, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
3. When using this Website or the Services, you must not:

  • defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others;
  • publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, offensive or unlawful material or information;
  • upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights or have received all necessary consents;
  • upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
  • impersonate any person or entity, including without limitation any employee or representative of Company; post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services;
  • run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with or place an unreasonable load on the Services’ infrastructure or any third party websites or services;
  • decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services;
  • delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
  • falsify the origin or source of software or other material contained in a file that is uploaded; advertise or offer to sell any goods or services or conduct or forward surveys, competitions, or chain letters, or solicit donations; or
  • download any file posted by another user of this Website that you know, or reasonably should know, cannot be legally distributed in such manner.

4. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments, if any, associated with your activity in connection with the Services.
5. You represent and warrant xLearno that you are of legal age to form a binding contract or have the consent of your parent or guardian to do so. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
6. If you are registering with the Website as a business entity, you represent that you have the authority to legally bind that entity and consent to share any employee information with xLearno. If you are trading as a business, you must comply with and you are responsible for all laws applicable to your business.
7. If you link to the Website, xLearno may revoke your right to so link at any time, at xLearno’s sole discretion. Company reserves the right to require prior written consent before linking to the Website.
8. You will indemnify and hold xLearno, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your or your employees’ access to the Services, use of the Services, your violation of these Terms of Service , or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

Registration

1. In order to use the Services, you will need to register and become a member ("Membership") if you wish to access the Services via this Website, your Membership is subject to xLearno’s subscription charges set out in your subscription plan. If you wish to change your subscription plan, at any time, please notify us and we will update your membership package, which will take effect at the end of your current commitment period (which may be either a yearly or monthly). Changes will be subject to these Terms of Service (and in particular paragraph 4.2).
2. Membership requires that you provide xLearno with information about you via our registration form. For more information on our use of this information is set out in our Privacy Policy which can be found at https://www.xlearno.com/privacy.
3. When registering, you must provide true, accurate, current and complete information about yourself. You are responsible for making sure this information is updated so that it is true, accurate, current and complete. If any information provided by you is not true, accurate, current and complete, xLearno has the right to cancel your membership and refuse any and all current or future use of this Website.
4. Registration requires a valid email address and unique password. To create a secure password, choose a password that uses a combination of letters, upper case and lower case, numbers, and symbols. For example, $Mydog2!. Avoid choosing obvious words or dates such as a nickname or your birth date. You are responsible for keeping your username and password confidential and secure. We strongly recommend that you log-off from the Website when your session is complete to prevent unauthorized access to your information.
5. You must not share your user name or password. If you believe there has been any unauthorized use of username or password, this must be reported to help@xlearno.com as soon as you are aware of such use and xLearno will, as soon as reasonably possible, cancel your user name and/or password. We will work with you to have new credentials (username and password) issued to you.
6. xLearno may, for security or other similar reasons, require that you provide information to us confirming your identity. In addition, we may also require that you change your user name and/ or password or other information which facilitates access to this Website or its Services.
7. xLearno reserves the right to cancel your Membership access without notice if we become aware of any breach of these Terms of Service by you.
8. xLearno will send you a confirmation e-mail, following registration and this will confirm your Membership, allowing you to access the Services available via the Website. You may cancel your membership at any time at https://www.xlearno.com/account/enrollment – see section 7 for details of cancellation.

Dealings with Third Parties


1. xLearno is not an agent of any third party or any party named or linked to this Website ("Third Parties") and does not have any authority to act for such Third Parties. xLearno does not control or endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Third Parties.
2. In certain situations, third party businesses may provide services that are available to you through xLearno Services. We do not control any such third party service providers. You agree that we are not responsible for the availability or content of any such third party sites, or the services they provide, which shall be governed by the any terms and conditions or privacy policy of that third-party business. Your use of third party sites and services is at your own risk. You agree to comply with the relevant terms and conditions of any such third party service provider.
3. As part of the Techdegree program, xLearno may engage certain individuals as independent contractors to provide mentoring and support services to you. You acknowledge and agree that xLearno does not control the work or the services provided by such independent contractors, is not responsible for their supervision or hiring, and that such individuals are not agents of xLearno nor do they have the power to bind xLearno. xLearno shall not be liable for the actions or inaction of any such individual.
4. You agree that (to the maximum extent permitted by applicable law) xLearno, our officers, directors and employees, shall have no liability to you in relation to any dispute which you may have with a Third Party, one or more of your customers, and/or any other users of this Website.

Intellectual Property

1. You acknowledge and agree that all Content provided on the Website or through the Services, contained in sponsor advertisements or, presented to you by xLearno, its partners or advertisers, is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and except as expressly permitted herein, shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
2. You acknowledge and agree that you are permitted to review, print and make one copy, for your personal use, of the Content (and other items displayed on the Website for download), provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant Content in any form.
xLearno does not claim ownership of any Content that you post on the Website or through the Services. Instead, you hereby grant xLearno a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, perpetual, worldwide license to use the Content that you post on the Website or through the Services, subject to our Privacy Policy which can be found at https://xlearno.com/privacy.

Termination

1. Without prejudice to any remedy that xLearno may have against you, we may terminate or suspend with immediate effect and without notice, your access to and use of this Website and your Membership if:

  • We do not receive timely payment under your subscription;
  • We reasonably believe that you have breached any of these Terms of Service;
  • We are unable to verify the accuracy or validity of any information provided by you;
  • Or we suspect fraudulent, abusive or illegal activity by you.

2. Should you object to any of these Terms of Service, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website. 3. You may notify us of your wish to cancel your Membership at any time at https://xlearno.com/account/enrollment, but your cancellation will not take effect until the end of your current commitment period (which may be either yearly or monthly). You will not be entitled to a refund for any fees already paid. 4. You may notify us of your wish to reduce the number of additional users attached to your account or to downgrade to a different package at any time at https://xlearno.com/account/enrollment, but such reduction will not take effect until the end of your current commitment period (which may be either yearly or monthly). You will not be entitled to a refund for any fees already paid in respect of such users or enhanced package, in accordance with section 4.2. 5. Cancellation in respect of any individual online conference or Q&A session comprised in the Services will be accepted at https://xlearno.com/dashboard at any time up to 24 hours before the intended starting time for such conference or session without affecting the number of conferences or sessions available to you under your package allowance. Cancellation after 24 hours before the intended starting time will reduce the number of conferences or sessions available as if such conference or session had gone ahead as planned.

Warranty disclaimer and limittation of liability

1. xlearno has no special relationship with or fiduciary duty to you. you acknowledge that xlearno has no control over, and no duty to take any action regarding: (i) which users gain access to the services; (ii) what content you access via the services; (iii) what effects the content may have on you; (iv) how you may interpret or use the content; (v) or what actions you may take as a result of having been exposed to the content. you release xlearno from all liability for you having acquired or not acquired content through the services. the services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. the services, content, website and any software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
2. In no event shall xlearno or its suppliers, or their respective officers, directors, employees, or agents be liable with respect to the website or the services or the subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate in excess of the greater of the fees paid by you for the services purchased through the website during the six-month period preceding the applicable claim; (ii) for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of substitute goods or services; (iv) for any matter beyond company’s reasonable control; or (v) for any actions of, or services provided by, third-party service provider businesses or independent contractors providing services on behalf of the company. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Amendment to these Terms And Condition

1. xLearno reserves the right to amend and alter these Terms of Service and any content or information contained on the website at any time. In the event these Terms of Service are altered xLearno will post the amended Terms of Service on this website. Changes will apply from the date of posting.
2. If after the Terms of Service and/or the Privacy Policy https://www.xlearno.com/privacy have been amended or altered you do not agree to their terms, you must stop using this website.

General

1. While xLearno will try to provide you with uninterrupted access to this Website and its Services, we may need to withdraw, modify, discontinue or suspend (temporarily or permanently) one or more aspects of this Website where xLearno has a legal, technical or other good reason to do so (including technical difficulties experienced by us or any Internet infrastructure). However, xLearno will try, wherever possible, to give reasonable notice of our intention to do so.
2. xLearno reserves the right to withhold, remove and or discard any Content available as part of your account, including any Content contributed by you, with or without notice if deemed by us to be contrary to these Terms of Service. xLearno has no obligation to store, maintain or provide you a copy of any Content that you provide when using the Services.
3. If xlearno fails to exercise or enforce a right under these Terms of Service that failure shall not constitute a waiver of such right or provision.
4. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.
5. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to the conflict of laws provisions thereof. Both parties submit to the non-exclusive jurisdiction and venue in the United States Federal Courts, District of Oregon.
6. These Terms of Service set out the xLearno's entire agreement and understanding with respect to the subject matter of these Terms of Service and supersedes any and all representations, communications or prior agreements (written or oral) made to you.
7. Each party acknowledges that on entering into these Terms of Service, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms of Service or not) except those expressly set out in these Terms of Service. Unless expressly provided in the Terms of Service no term is enforceable by any person who is not a party to it.
8. You must report any violations of these Terms of Service to help@xlearno.com.