Terms of Use

Effective date: October 31, 2016

NOTE: If you signed up for Academy using a Thinkific account, then these Terms of Use apply to your use of, and access to, the Services. If you signed up with your Hootsuite account, then our terms published at https://hootsuite.com/legal/terms or https://hootsuite.com/legal/enterprise-terms (for Enterprise customers) will apply to your use of, and access to, the Services.

1. Terms

Hootsuite Inc. (collectively, "we," "us" or "Hootsuite") provides you with access to the website(s) available at https://education.hootsuite.com, and https://directory.hootsuite.com (each, a “Site” and together, the “Sites”) and the online course content (the “ Online Courses”), online certification and professional directory (the “Directory”), and other materials available on and through the Sites (together, the “Services”), subject to the terms and conditions of use (these “Terms of Use”) outlined below and all applicable laws and regulations.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

We reserve the right to change or modify these Terms of Use at our sole discretion at any time. Any change or modification to these Terms of Use will be effective immediately upon posting on a Site. We will take reasonable steps to notify you of any material changes, but you are responsible for periodically reviewing the most up to date version of these Terms of Use.

Your continued use of the Services constitutes acceptance of any changes or modification made by us to these Terms of Use.

2. User Accounts, Personal Information and Privacy Policy

Learning Management and Learning Assessment

In order to access the Online Courses, you must create an account (the "Account"). In setting up your Account, you will be prompted or required to enter personal information, including your name and email address and a user password. You agree that you will never divulge or share access or access information to your Account with any third party for any reason.

Your Account information will be collected and hosted by our learning management system provider, Thinkific.

For any paid products (such as the certification exam(s)), your credit card or other payment information, billing address, and such other information as is required to complete the transaction will be collected by our learning management system provider.

When you take a certification exam(s), your answers and results will be collected by our learning assessment provider, Brillium. User account information is passed from our learning management system provider to the learning assessment provider, including your name and email address. Exam results are then sent by the learning assessment provider to our learning management system provider.

Certificate and Directory Management

If you achieve a passing grade on your certification exam(s) and you wish to obtain a certificate (the “Certificate”), or you otherwise want to register with our online directory (the “Directory”), you will need to create an Account with our certificate and directory management provider, Accredible.

Our learning management system provider may share your personal information with our certificate and directory management provider in order to provide you with a more seamless registration and user experience.

As well, you may be prompted or required to enter additional information, including your name, certification type, address, social media profile addresses, a short biography, a photo of yourself, as well as other education, employment history and similar information.

Other members of the Directory may contact you through the Directory. You may opt out of such communications. Other persons, including potential employers, may contact you through the Directory in connection with employment opportunities provided that you opt into such communications. You may opt out of such communications.

Our Privacy Policy, the privacy policy of our learning management system provider, the privacy policy of our learning assessment provider, and the privacy policy of our certificate and directory management provider further explain how your personal information is collected, used and disclosed when you use the Services.

3. User License (Students)

All Online Course content or other material available on the Sites, including but not limited to online lectures, speeches, video lessons, tests, presentation materials, homework assignments, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML files (collectively, the "Course Content"), are the property of Hootsuite and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States, Canada and foreign laws.

Hootsuite logos, trademarks and service marks that may appear on the Sites (the "Marks"), are the property of Hootsuite and are protected under United States, Canada and foreign laws. In addition, elements of the Sites are protected by trade dress and other intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Hootsuite.

You are granted permission to access, use and (if applicable) temporarily download one copy of the Online Courses and other materials from the Sites for personal, non-commercial transitory viewing only. Under this license you may not:

modify or copy the Course Content
use the Course Content for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on the Sites;
remove any copyright or other proprietary notations from the Course Content; or
transfer the Course Content to another person or “mirror” the materials on any other server.

This license will automatically terminate if any of these restrictions are violated and may be terminated by us at any time.

4. User License (Employers)

If you are an employer registering to use the Directory in order to view certified student profiles and contact them with employment opportunities or otherwise, then in addition to these Terms of Use and our Privacy Policy, you are required to comply with applicable laws pertaining to the use, collection and disclosure of personal information, as well as to the sending of commercial electronic messages (including without limitation, Canada’s Anti-Spam Law and the U.S. CAN-SPAM Act).

5. Payment Terms

To purchase any paid services or products offered through the Sites, you must have Internet access and a current valid accepted payment method as indicated during sign-up (the "Payment Method"). You agree to Hootsuite, or its third-party payment provider, storing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Sites as they become due, whether on a one-time or subscription basis.

All applicable taxes are calculated based on the billing information you provide us at the time of purchase.

Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Hootsuite does not support all payment methods, currencies or locations for payment.

6. Refund and Cancellation Policy

The Online Courses are provided as an “all-in-one” software package, which means that once enrolment fees are paid, admission to the program is final.

You may cancel your membership, including any paid subscription services, at any time. You hereby acknowledge and agree that Hootsuite will not offer refunds on any fees and charges related to your subscription. This includes any partially used or unused periods for which you have already paid. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. We do not guarantee refunds for lack of usage or dissatisfaction.

7. User Content

The Online Courses and other parts of the Sites may provide you with the ability to upload forum posts, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Services (collectively, "User Content").

You hereby grant Hootsuite an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display your User Content as part of the Services or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose).

By submitting User Content, you acknowledge that: (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, and (b) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Hootsuite in any manner, though Hootsuite reserves the right (but is not obligated) to do so at any time at its sole discretion.

To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Hootsuite to use such User Content as provided above, and (b) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.

With respect to any submissions of User Content, you agree to comply with all applicable laws and rules including but not limited to rules regarding online conduct and acceptable content.

8. Academic Integrity

You are expected to complete any homework assignments, quizzes, and exams independently. If you are found to have committed plagiarism, you will be removed from the course and will not be awarded the certificate. In accordance with Section 6, no refund will be offered if you are removed from the Online Courses.

You are prohibited from posting assignments, test questions, and Course Content online. If you fail to adhere to this policy, you will not receive the certificate and will be removed from the Online Courses. In accordance with Section 6, no refund will be offered if you are removed from the Online Courses.

9. Failed Tests

Certification exams may be locked after successive failed attempts to ensure that you take the time required to learn everything necessary for the completion of the Online Courses.

10. Errors

The Online Courses and other materials appearing on the Sites could include technical, typographical, or photographic errors. We will use commercially reasonable efforts to correct such errors that we become aware of.

11. Services Availability

You acknowledge and agree that the Services may be subject to the availability of third party sites over which we do not have control. Therefore, we cannot guarantee that the Services will always be available.

12. Third Party Links

Hootsuite does not edit, control or monitor the third party sites that may be linked to the Sites and is not responsible for the contents of any such linked site, including its accuracy or availability. The inclusion of any link does not imply endorsement by Hootsuite of the sites or any relationship with its operators. Use of any such linked website is at your own risk.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS”. HOOTSUITE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES OR CONDITIONS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES HOOTSUITE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES.

14. Limitations of Liability

IN NO EVENT WILL HOOTSUITE OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR FOR ANY FAILURE TO REALIZE EXPECTED SAVINGS, ANY LOSS OF REVENUES, PROFITS, OR GOODWILL, DATA OR OTHER INTANGIBLE LOSS, LOSS OF COMPUTER TIME, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS ARISING FROM THE USE OR INABILITY TO USE THE SERVICES, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

HOOTSUITE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE WILL NOT EXCEED THE GREATER OF TWENTY U.S. DOLLARS ($20) OR THE AMOUNT OF FEES RECEIVED BY HOOTSUITE FROM THE COMPLAINING USER FOR THE USE OF THE SERVICES DURING THE PREVIOUS SIX MONTHS.

15. Indemnity

You agree to indemnify and hold harmless Hootsuite, its subsidiaries and 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 (a) your use or attempted use of the Sites or Online Courses, (b) your use or attempted use of any code, program, data, information or any other content provided on the Sites or through the Online Courses in a manner inconsistent with these Terms of Use, (c) your use or your violation of any law or rights of any third party, or (d) your User Content, including without limitation any claim of infringement of intellectual property or other proprietary rights.

16. Termination

You agree that Hootsuite, in its sole discretion, may limit, suspend, or terminate your use of all Services, such as access to certifications, for any reason or no reason, including, without limitation, if Hootsuite believes that you have: (a) violated or acted inconsistently with the letter or spirit of these Terms of Use; (b) infringed the intellectual property rights of a third party; or (c) posted, uploaded or transmitted unauthorized content to the Sites. You agree that any deactivation or termination of your access to the Services may be effected without prior notice to you and that Hootsuite shall not be liable to you nor any third party for any termination of your Account.

You also understand that Hootsuite reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Services, or any part or portion thereof, with or without notice to you.

17. Miscellaneous Provisions

You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms of Use. In any case, you affirm that you are over the age of 13 as the Services are not intended for children under 13. If you under 13 years of age, do not use the Services.

Hootsuite may freely assign any portion of its rights or delegate its obligations under these Terms of Use. You shall not assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of Hootsuite.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. You agree that any legal action in connection with any matters related to the Services will be subject only to the jurisdiction of the courts located in Vancouver, British Columbia.

These Terms of Use constitute the entire agreement between you and Hootsuite relating to the matters set forth herein.

We can provide you with notice by utilizing the email you used to register your Account. You may give us notice by mailing or emailing to the following addresses:

Hootsuite Inc.
5 East 8th Avenue
Vancouver, British Columbia
Canada V5T 1R6
Email: [email protected]

The section titles herein are displayed for convenience only and have no legal effect.