Terms of Service – LMS

Expert-Velocity Learning Management System Terms of Service

Last updated: 2 October 2020

By joining the Expert-Velocity Learning Management System located at expert-velocity.net you are agreeing to be bound by the following terms and conditions. 

Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time here.

Expert-Velocity reserves the right to update and change the Terms of Service by posting updates and changes to the website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

1. Account Terms

  1. You must be 18 years or older.
  2. You must provide your full legal name, a valid email address, and any other information needed in order to complete the signup process.
  3. You acknowledge that Expert-Velocity will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. Expert-Velocity cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  5. You are responsible for all activity and content such as videos, files, data, graphics, photos and links that is uploaded under your Expert-Velocity account (“Course Content”). You must not transmit any worms or viruses or any code of a destructive nature.
  6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Expert-Velocity will result in an immediate termination of your services.

Summary

Don’t use Expert-Velocity for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.

If we need to reach you, we will send you an email.

2. Account Activation

  1. Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorised to use any corresponding account we may provide to the Account Owner in connection with the Service.
  2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

Summary

The person signing up for the Expert-Velocity Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of Expert-Velocity Learning Management System.

  1. Technical support is only provided to paying account holders and is only available via email.
  2. You may not use the Expert-Velocity service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Ontario.
  3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Expert-Velocity.
  4. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Expert-Velocity or Expert-Velocity trademarks and/or variations and misspellings thereof
  5. Questions about the Terms of Service should be sent to turbo@expert-velocity.com.
  6. You understand that your Course Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  7. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Expert-Velocity, is governed by its privacy policy at http://expert-velocity.com/privacy-policy/
  8. If you are on a Expert-Velocity LMS plan with transaction fees and don’t have written consent from Expert-Velocity, you agree not to charge people to access your courses other than by collecting payments on the Expert-Velocity LMS Service. Any attempt to bypass the Expert-Velocity payment system to avoid transaction fees may result in the suspension or cancellation of your account. If you would like to avoid transaction fees please contact us to switch to a no fees plan.

Summary

The Expert-Velocity LMS service at www.expert-velocity.net belongs to us. You are not allowed to steal or copy it or use it for any illegal or sketchy purpose.

Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.

4. Expert-Velocity Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Course Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Expert-Velocity customer, Expert-Velocity employee, member, or officer will result in immediate account termination.
  5. Expert-Velocity is not required to pre-screen Course Content and it is in their sole discretion to refuse or remove any Course Content that is available via the Service.
  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Expert-Velocity employees and contractors may also be Expert-Velocity customers/instructors and that they may compete with you, although they may not use your confidential information in doing so.
  7. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
  8. Expert-Velocity retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, Expert-Velocity reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.

Summary

We can modify, cancel or refuse the service at anytime.

In the event of an ownership dispute over a Expert-Velocity account, we can freeze the account or transfer it to the rightful owner.

5. Limitation of Liability

  1. You expressly understand and agree that Expert-Velocity shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  2. In no event shall Expert-Velocity or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Expert-Velocity partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  3. Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
  4. Expert-Velocity does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. Expert-Velocity does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. Expert-Velocity does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
  7. In no event will Service Provider’s aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the Expert-Velocity Service hereunder during the one (1) month period immediately preceding the date on which the cause of action arose.

Summary

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties.

6. Waiver and Complete Agreement

The failure of Expert-Velocity to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Expert-Velocity and govern your use of the Service, superseding any prior agreements between you and Expert-Velocity (including, but not limited to, any prior versions of the Terms of Service).

Summary

If Expert-Velocity chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Expert-Velocity don’t apply if they conflict with these terms.

7. Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the material you provide to the Expert-Velocity service. All material you upload remains yours. You can remove your Expert-Velocity site at any time by deleting your account. This will also remove all content you have stored on the Service.
  2. By uploading Course Content, you agree: (a) to allow other internet users to view your Course Content; (b) to allow Expert-Velocity to display and store your Course Content; and (c) that Expert-Velocity can, at any time, review all the Course Content submitted by you to its Service.
  3. You retain ownership over all Course Content that you upload to a Expert-Velocity site; however, by making your site public, you agree to allow others to view your Course Content. You are responsible for compliance of Course Content with any applicable laws or regulations.
  4. You retain ownership over all content that you submit to a Expert-Velocity site however, by making your site public, you agree to allow others to view your content.
  5. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

Summary

Anything you upload remains yours and your responsibility. If you want to remove your content, just delete your account.

8. Payment of Fees

  1. A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
  2. The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing.
  3. All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  4. If you are resident in the UK, Taxes may apply to your service package.
  5. If you are not a resident of the UK Expert-Velocity will not charge you tax on top of your purchase. Should Expert-Velocity request it, you must provide us with a statement by email to turbo@expert-velocity.com that: (i) you are not a resident of the UK.
  6. Expert-Velocity does not provide refunds.

9. Cancellation and Termination

  1. You may cancel your account at anytime by emailing turbo@expert-velocity.com and then following the specific instructions indicated to you in response.
  2. Once cancellation is confirmed, all of your Course Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
  3. If you are on a monthly payment plan and you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
  4. We reserve the right to modify or terminate the Expert-Velocity service for any reason, without notice at any time.
  5. Fraud: Without limiting any other remedies, Expert-Velocity may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Summary

To initiate a cancellation, email turbo@expert-velocity.com. Expert-Velocity will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, all your content will be permanently deleted. If you cancel in the middle of the month, you’ll have one last email invoice. 

We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

10. Modifications to the Service and Prices

  1. Any ongoing costs such as membership costs, hosting costs and similar will remain static as much as is feasible possible. In all likelihood these charges will adjust due to inflation and our own service costs. Otherwise these costs could not ordinarily change.
  2. Any changes in any ongoing fees will be communicated with you directly, and with a minimum of 30 days notice.
  3. Expert-Velocity reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
  4. Expert-Velocity shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Summary

We may change or discontinue the service at anytime, without liability.

11. Optional Tools

  1. Expert-Velocity may provide you with access to third party tools over which Expert-Velocity neither monitors nor has any control or input.
  2. You acknowledge and agree that Expert-Velocity provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Expert-Velocity shall have no liability whatsoever arising from or relating to your use of optional third party tools.
  3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
  4. Expert-Velocity strongly recommends that instructors seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates instructors should charge end users.

Summary

We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand.

12. Digital Copyright Act

12.1 General Policy

Expert-Velocity has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). It is Expert-Velocity’s policy to (a) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, content providers, or users; and (b) remove and discontinue service to repeat offenders.

12.2 Procedure for Reporting Copyright Infringement

If you believe that Content residing on or accessible through the Expert-Velocity web site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Expert-Velocity is capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
  5. A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

12.3 Once Proper Bona Fide Infringement Notification is Received by Expert-Velocity’s Support Team

It is Expert-Velocity’s policy to notify the Content provider or user that an infringement notification has been received and that the Content will be removed at the end of 24 hours unless a counter-notice is supplied to Expert-Velocity. If no legitimate counter-notice is supplied, the infringing content will be removed from the system.

12.4 Procedure to Supply a Counter-Notice to Expert-Velocity

If the Content provider, or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to Expert-Velocity’s Support Team listed below:

  1. A physical or electronic signature of the Content provider or user;
  2. Identification of the Content that is claimed to be infringing
  3. A statement that the Content provider or user has a good faith belief that the infringement notification was received as a result of mistake or a misidentification of the Content; and
  4. Content provider’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s or user’s address is located.

If a counter-notice is received by Expert-Velocity’s Support Team, Expert-Velocity will restore access to the Content and notify the original complaining party. The Content will then remain published unless the copyright owner files an action seeking a court order against the Content provider or user.

12.5 Designated Agent to Receive Notification of Claimed Infringement

Please contact Expert-Velocity’s Support Team to Receive Notification of Claimed Infringement at the following address:

Name – Expert-Velocity.com, Attn: Copyright Infringement

Email – turbo@expert-velocity.com

Address – Expert Velocity Ltd, 71-75 Shelton Street, Covent Garden, London. WC2H 9JQ. UK.

Summary

Expert-Velocity respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.

For everyone else this means:

If you believe one of our customers is infringing your intellectual property rights, you can send Expert-Velocity a DMCA Notice. We will expeditiously disable access or remove the content and notify the customer. Be advised that we post all notices we receive.


Questions

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