Terms and Conditions
Last Updated: 2015-02-09
By using the Encoursa web site ("Service"), a service of Encoursa LLC ("Encoursa"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Encoursa reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your acceptance of such changes. You can review the most current version of the Terms of Service at any time at : http://encoursa.com/terms-and-conditions
- You must be 18 years or older to use this Service.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted. Account creators may be representatives of corporations or other entities. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such company or legal entity to this Agreement.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Encoursa cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content that is distributed under your account.
- Encoursa cannot and will not be liable for any injury, loss, or damage from the delivery failure, receive failure on a mobile device, or failure of a user to act on any recommendation or notification.
- One person or legal entity may not maintain more than one account with free tier usage.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Violation of any of these agreements will result in the termination of your Account. While Encoursa prohibits such conduct and content on the Service, you understand and agree that Encoursa cannot be responsible for the content sent through the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
PAYMENT, REFUNDS, CANCELLATION, AND TERMINATION
- There is no charge for Service, as such you may stop using Service at any time. It is your responsibility to stop using Service.
- Through use of Service, you may register for training on third party sites. Every effort will be made to ensure prices reflected on Encoursa are accurate.
- When courses are registered on third party sites, you are agreeing to the payment terms of the third party course provider, and will not hold Encoursa responsible for any payment disputes or refund requests.
- You may request having your account deleted. All content and configuration may be removed within 30 days.
- Encoursa, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Encoursa service, for any reason at any time.
- Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all configuration in your Account.
- Encoursa reserves the right to refuse service to anyone for any reason at any time.
MODIFICATIONS TO THE SERVICE AND PRICES
- Encoursa reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Encoursa site (encoursa.com).
- Encoursa shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
COPYRIGHT AND CONTENT OWNERSHIP
- All content posted on the Service must comply with U.S. copyright law.
- We claim no intellectual property rights over the material you provide to the Service.
- Encoursa does not pre-screen content, but Encoursa and its designee have the right (but not the obligation) in their sole discretion to refuse access to the Service.
- Payment and/or use of the service only entitles you to the use of the service, all copyrights, including source code and binary compilations, owned by Encoursa are not transferred under any circumstances.
- Encoursa does not create training or issue Continuing Professional Education (CPE) as part of Service.
- Encoursa cannot and will not make claims on any third parties or designations to include, but not limited to: instructors, course providers, certifications, licenses, or accreditation.
- You the user are ultimately responsible for ensuring that course providers are subject matter experts in the field of study, that they are in good standing, and the training is applicable to meeting the requirements for you professional certification and/or license.
- Your use of the Service is at your sole risk. The service, support, and data within are provided on an "as is" and "as available" basis.
- You understand that Encoursa uses third party service providers and hosting partners to provide the necessary hardware, software, networking, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Encoursa, or any other Encoursa service.
- 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 Encoursa.
- We may, but have no obligation to, suspend or delete 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.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Encoursa customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your content, 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.
- You must not transmit unsolicited or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Encoursa does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that Encoursa shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of certification, licensure, profits, goodwill, use, data or other intangible losses (even if Encoursa has been advised of the possibility of such damages), resulting from:
- (i) the use or the inability to use the service;
- (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- (iii) unauthorized access to or alteration of your transmissions or data;
- (iv) statements or conduct of any third party on the service;
- (v) termination of your account;
- vi) any other matter relating to the service.
- The failure of Encoursa 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 Encoursa and govern your use of the Service, superseding any prior agreements between you and Encoursa (including, but not limited to, any prior versions of the Terms of Service).
- All rights not expressly granted to you are reserved by Encoursa or their respective owners.
- Questions about the Terms of Service should be sent to us using our contact form.