NovaLearn Terms and Conditions

1. Acceptance of Terms

Welcome to NovaLearn, your gateway to illuminating the future through accessible online learning. By accessing or using the NovaLearn platform, including all associated websites, applications, and services (collectively, the "Platform"), you (the "User") agree to be bound by these Terms and Conditions (the "Terms"). If you do not agree to these Terms, you are not authorized to use the Platform. These Terms constitute a legally binding agreement between you and NovaLearn, located in Austin, Texas. NovaLearn reserves the right to modify these Terms at any time without prior notice. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates and changes. If you are using the Platform on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not have that authority, or if you do not agree with these Terms, you must not use the Platform.

2. User Accounts

1. Registration: To access certain features of the Platform, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2. Account Security: You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify NovaLearn immediately of any unauthorized access to or use of your account. NovaLearn will not be liable for any loss or damage arising from your failure to protect your account credentials.
3. Age Requirement: You must be at least 18 years of age to create an account on the NovaLearn Platform. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are under 18, you may only use the Platform with the involvement and consent of a parent or guardian.
4. Account Termination: NovaLearn reserves the right to suspend or terminate your account at any time, with or without cause, and without prior notice. Grounds for termination may include, but are not limited to, violations of these Terms, illegal or fraudulent activity, and prolonged inactivity.

3. Platform Usage

1. Acceptable Use: You agree to use the Platform only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the Platform. Prohibited behavior includes, but is not limited to, harassment, defamation, spamming, and the transmission of harmful or offensive content.
2. Course Enrollment: Enrollment in any course on the NovaLearn Platform is subject to availability and payment of applicable fees. NovaLearn reserves the right to modify course content, schedules, and instructors at any time.
3. Content Access: Access to course content is granted for personal, non-commercial use only. You may not share, distribute, or reproduce course materials without the express written permission of NovaLearn.
4. Community Guidelines: The NovaLearn Platform may include community forums and discussion boards. You agree to abide by the community guidelines, which prohibit the posting of offensive, discriminatory, or illegal content. NovaLearn reserves the right to moderate and remove any content that violates these guidelines.
5. Technical Requirements: It is your responsibility to ensure that you have the necessary hardware, software, and internet access to access and use the Platform. NovaLearn is not responsible for any technical issues that may arise from your use of the Platform.

4. Intellectual Property

1. Platform Content: All content on the NovaLearn Platform, including but not limited to text, graphics, logos, images, audio clips, video clips, and software, is the property of NovaLearn or its licensors and is protected by copyright, trademark, and other intellectual property laws.
2. User-Generated Content: By posting content on the Platform, you grant NovaLearn a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the Platform. You represent and warrant that you have the right to grant this license and that your content does not infringe the rights of any third party.
3. Trademarks: The NovaLearn name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NovaLearn or its affiliates. You may not use such marks without the prior written permission of NovaLearn.
4. Copyright Infringement: NovaLearn respects the intellectual property rights of others and expects users to do the same. If you believe that your copyrighted work has been infringed on the Platform, please notify NovaLearn's designated copyright agent with the following information: (a) a description of the copyrighted work that you claim has been infringed; (b) a description of where the infringing material is located on the Platform; (c) your contact information, including your address, telephone number, and email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

5. Payments and Refunds

1. Course Fees: The fees for courses on the NovaLearn Platform are displayed on the course pages. NovaLearn reserves the right to change the fees at any time.
2. Payment Methods: Payment for courses may be made using the payment methods specified on the Platform, such as credit cards, debit cards, and other online payment services.
3. Refund Policy: NovaLearn offers a 30-day money-back guarantee for most courses. If you are not satisfied with a course, you may request a refund within 30 days of enrollment. Certain courses may have different refund policies, which will be clearly stated on the course page. Refunds will be processed using the original payment method.
4. Subscription Services: If you subscribe to a recurring service, such as access to a library of courses, your subscription will automatically renew unless you cancel it prior to the renewal date. You may cancel your subscription at any time through your account settings.

6. Limitation of Liability

To the fullest extent permitted by applicable law, NovaLearn shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Platform; (b) any conduct or content of any third party on the Platform, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; or (c) any content obtained from the Platform.

7. Disclaimer of Warranties

The NovaLearn Platform is provided on an "as is" and "as available" basis. NovaLearn makes no warranties, express or implied, regarding the Platform, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. NovaLearn does not warrant that the Platform will be uninterrupted or error-free, that defects will be corrected, or that the Platform is free of viruses or other harmful components.

8. Dispute Resolution

Any dispute arising out of or relating to these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Austin, Texas. The decision of the arbitrator shall be final and binding on both parties. Nothing in this section shall prevent NovaLearn from seeking injunctive or other equitable relief from a court of competent jurisdiction to protect its intellectual property rights.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

10. Contact Information

If you have any questions about these Terms, please contact NovaLearn at [email protected] or (512) 555-1212. Our mailing address is 123 Tech Row, Suite 400, Austin, TX 78704.