Effective date: October 31, 2016
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.
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)
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.
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.
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
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 Media Inc.
5 East 8th Avenue
Vancouver, British Columbia
Canada V5T 1R6
The section titles herein are displayed for convenience only and have no legal effect.
© Hootsuite Media Inc. 2016