Privacy Policy | Terms & Conditions | XceptionalED.

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Terms & Conditions

XceptionalED (also referred to as XED and XceptionalED Learning Inc, dba XceptionalED) is a web-based service (also referred to as “Platform”) that provides professionals with an online marketplace to buy and sell continuing education (CE) course content as courses and supporting materials (collectively referred as “Services”). Terms of Service/User Agreement (“Agreement”) governs access to and use of XceptionalED, located at www.XceptionalEd.com, in any capacity including the finding, buying, posting, selling, and sharing of Course Content and materials.

XceptionalED owns all rights, interest, title / ownership and all intellectual property and any Derivative Works in the Platform, Components, Courses, Improvements and Services. XceptionalED permits You to Use the Services only in accordance with the terms and conditions of this Agreement. For some third-party materials, components or third-party software included in the Platform and Services, XceptionalED has the right to sublicense the same to You under the terms and conditions in this Agreement and such third-party software may be subject to other terms and conditions typically found in a separate license agreement.

Any person enrolled in a course is considered a “Learner” for the purpose. Any person creating Course Content is considered a “Leader”.

XceptionalED is intended for users who are 18 years or older. You agree that you meet these age requirements and are able to enter into a formal agreement as a user of this site. Please do not use this site if you are not able to meet these requirements.

The Services are offered by XceptionalED Learning, dba XceptionalED (“XceptionalED”) and by clicking or selecting the “I Agree” button or check box, or by using in any manner the Services offered by XceptionalED, You (as an individual) agree to be bound by the terms and conditions of this Agreement. By using the Services, you also agree that You are authorized to represent Your organization and bind Your organization to the terms and conditions of this Agreement. If You do not agree to the terms and conditions of this Agreement, do not use the Services.

Nondiscrimination Policy:

XceptionalED is dedicated to upholding a community where all individuals are treated with respect and dignity. It is our policy to support a community of Leaders and Learners in an online learning atmosphere free from unlawful harassment, discrimination and retaliation.

In order to promote and support Leaders and Learners equally, XceptionalED requests that all site visitors and participants in courses make every reasonable effort to ensure their personal conduct is free from explicit bias, prejudice, harassment, derogatory or disparaging language, and promotes a tolerant and inclusive environment. All Learners and Leaders are responsible to maintain professional interactions with other members, Leaders, and/or Learners with regards to comments, questions, and other interactions regarding their course content at XceptionalED. XceptionalED prohibits discrimination of any kind based on race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status such as disability, age, marital and family status, sexual orientation and gender identity, health status, place of residence, economic and social situation. All Leaders and Learners are also expected to respect all other member’s rights, beliefs, and opinions, within all website and course related communication.

Equal Opportunity:

XceptionalED is an equal opportunity employer. In accordance with anti-discrimination law, it is the purpose of this policy to effectuate these principles and mandates. XceptionalED prohibits discrimination and harassment of any type and affords equal employment opportunities to employees and applicants without regard to race, color, religion, sex, sexual orientation, gender identity or expression, pregnancy, age, national origin, disability status, genetic information, protected veteran status, or any other characteristic protected by law. XceptionalED conforms to the spirit as well as to the letter of all applicable laws and regulations.

Compliance to HIPAA guidelines:

All site visitors shall ensure that they comply with all HIPAA guidelines with respect to sharing information related to individuals within live chat, comments, or other public environments offered by XceptionalED.

Accommodations:

To request accommodations for a course please email support@xceptionaled.com 48 hours prior to a live course, or before registering for an on-demand course.

Courses

“Course Content” is considered as any downloadable digital material (.pdf, word, excel, .jpg, .png, etc.), videos, powerpoint presentations, which are made available within a personal course library at the Xceptional ED website located at XceptionalEd.com.

Course Content will refrain from explicit, or adult content, which does not support, represent, or educate in the positive mission of professional development.

Access to Course Content may be disabled if the material is removed from XceptionalED at any time, for example, by the original seller as a result of the original seller’s account being closed or the materials being removed in response to outdated reference information, broken URL links, or an intellectual property complaint or Digital Millennium Copyright Act notification.

XceptionalED is not responsible to manage, maintain, or review, any content posted by Leaders at XceptionalED that is not initially published as an “XceptionalED Approved Course”.

If there is a dispute between a Learner/Leader and any third party (including without limitation any member of visitor of XceptionalED), XceptionalED is under no obligation to become involved, and you hereby release XceptionalED from any claims, damages, of any kind and of any nature arising out of or relating to any such dispute.

  1. Purchasing Courses

    1. Learners who wish to purchase Course Content through XceptionalED also must join XceptionalED as a member and complete their profile.
    2. You agree not to share your purchases with others. You agree not to post your purchased or freely downloaded contents and materials on the Internet.
    3. Course Content must be paid in full prior to accessing the course.
    4. You agree that XceptionalED Learning, dba XceptionalED may charge your credit card, PayPal or other account for any Course Content purchased.
    5. Fees for courses charged will reflect the name “XceptionalED Learning, dba XceptionalED”.
    6. You agree that purchase of Course Content to you does not transfer to you any commercial or promotional use rights. You agree that your use of XceptionalED (including your purchase of Course Content) constitutes your acceptance of and agreement to use XceptionalED and such Course Content solely in accordance with this Agreement, and that any other use of XceptionalED or Course Content and materials may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use.
  2. ASHA Certificate Maintenance Hours

    1. Certificate Maintenance Hour (CMH) courses are created with the highest standards for acceptance as credit hours for professional development.
    2. CMH are only offered courses which are 1 hour and longer and in 30 minute increments (1.0, 1.5, 2.0, etc).
    3. Contact your professional organization for specific requirements.
    4. ASHA – XceptionalED courses can be submitted for certificate maintenance hours. We recommend you download and save Course Certificates in the event you are audited.
    5. ASHA Professional Development info:
      http://www.asha.org/certification/ProfDevelopment/
      Here is a copy of the form you will complete when you are ready to report your Certificate Maintenance interval:
      https://www.asha.org/uploadedFiles/Certification-Maintenance-Compliance-Form.pdf
  3. Refund Policy

      1. Individual Course Purchases

      2. Technical issues: All Course Content sales are final. As a content consumer, it is your responsibility to determine that you have the appropriate hardware/software to access digital courses. However, digital downloads may at times provide challenges, please contact us directly with regards to these special and rare situations.
      3. Course Content: Products removed from XceptionalED due to a complaint of copyright/trademark infringement, or for any other reason, are not eligible for a refund. XceptionalED may in its sole discretion make certain exceptions to this policy on a case-by-case basis.
      4. Complaint Policy: XceptionalED invites constructive feedback from course participants, instructors, and staff to provide enriching and valuable learning opportunities. Course attendees and instructors may communicate recommendations, challenges, or requests in writing through the Course Evaluation form, or through our Contact Us link on the Xceptional Ed.com website. All issues and concerns will be addressed in a timely manner and with the highest satisfaction as our goal.
      5. Individuals not satisfied with the course and requesting a refund, will be offered the opportunity of a full refund, and the course will be removed from the individual’s dashboard. The course participant will be invited to provide feedback about course presentation and content in the form of written complaints and can expect an email reply within the 2-4 business days. Full refund is an option, and subject to acceptance by the participant in lieu of a course completion certificate.
      6. Live Course Webinars: If XceptionalED must cancel a previously scheduled live course webinar for any reason, notice will be provided as soon as possible via email to all previously registered Learners and a full refund of registration cost will be issued within two weeks of cancellation. No other remuneration will be issued. No refunds will be issued if a Learner is unable to attend the Live Course Webinar.
      1. Course Collection Subscription

      2. Course Collection subscriptions include access and Use of the Services. Applicable Taxes if any on such subscription of license fee shall be charged to You as part of subscription / license fees. Fees paid once are not refundable either in part or in full.
      3. License Term or Term of Course Collection subscription. The subscription term shall be valid from Effective Date until (a) the end of the period for which payment has been made; (b) You or XceptionalED cancel the license.
      4. Cancelation of Course Collection subscription or License. You may terminate this subscription or license at any time by accessing Your account. However, the fees paid for the unexpired portion of the term upon cancelation is non-refundable. XceptionalED may terminate or cancel the license or subscription upon non-payment or for violation of terms and conditions of this Agreement.
      5. Automatic Termination. The license to Services shall be terminated automatically either upon (a) expiry of the Tern or (b) violation of the terms and conditions in the Agreement.
      6. You will immediately lose access to Platform, Services, Components, Courses and Improvements.
  4. General Agreements

    1. Grant of License

      As long as You comply with the terms of this Agreement, XceptionalED grants You a non-exclusive, non-transferable, non-sublicensable license to access and Use the Services during the Term of the Course Collection subscription.

      General Use: You may access and Use the Services up to the Permitted Number of licensed subscription(s). You are solely responsible for Your use of the Services and shall abide by, and ensure compliance with, all laws while using the Services including but not limited to laws related to recording, intellectual property, privacy, and export control

      Best Business Practices: You shall follow all the best business practices and ensure to conduct in a professional manner while using the Services. You shall ensure that (a) You have necessary rights to share content or information and that You do not violate any intellectual property right while sharing such content or information as part of using the Services; (b) You shall not share information which is inappropriate for the occasion including obscene, defamatory, pornographic, offensive, or information that is racist, spreads hatred etc.; (c) You shall not publish or share any unsolicited information including marketing of products or services; and (d) You shall not engage in activity that is illegal or does not fit the primary purpose of using the Services.

      Access during Courses: You may have access to content as part of Course and You agree not to copy or use the Courses in any form that causes harm to XceptionalED either directly or indirectly.

    2. Restrictions

      You shall not modify, adapt, copy or translate the contents of the Platform and Services. You shall not reverse engineer, decompile, disassemble or modify any portion of the Platform and Services or merge portion of the Platform and Services, in whole or in part, nor shall otherwise attempt to discover the source code or develop a source code version of the Platform and Services. You shall not modify or copy the Services and related materials to create Derivative Works.

      You shall not sublicense, assign, or transfer the license granted hereunder or any part of the Services, except as expressly provided in this Agreement and that any attempt to do so shall be invalid and will automatically terminate the license or subscription to Services and this Agreement.

      XceptionalED shall retain title to the Platform and Services including any Derivative work, trademarks, all written Documentation, and any ancillary data or information concerning the Services. XceptionalED also retains all rights in copyrights or patents applicable to the Services, including the computer programs, all ancillary written documentation, and materials.

      Transfer and Assignment: This license is to the original buyer (You) and You may not sell or assign or transfer to or permit usage by another person/entity except with the written permission of XceptionalED. You may not, rent, lease, sublicense, assign or transfer your subscription. You may, however, transfer or assign all Your rights to Use the Software to another person or legal entity as a part of permanent sale or transfer of Your business provided that: (a) You also transfer (i) this Agreement; (b) You retain no copies of credentials to access the Services and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which You legally acquired a license for the Services.

      Warranty: XceptionalED represents and warrants that (a) it has the right to grant You all rights and licenses granted under this Agreement; (b) the Services does not infringe upon any copyright, trademark, or any intellectual property right of any third party and (c) the performance or results You may obtain by Using the software. You accept the license to Services is granted "as is," with no other express or implied warranties or conditions of any kind, including, without limitation, warranties of merchantability or fitness for a particular purpose. XceptionalED makes no warranties regarding the application(s) or the media of the products owned or developed by You or with respect to any third-party software. XceptionalED makes no representations or warranties of any kind with respect to any Components used in Services. To the extent permitted by XceptionalED’s contract with the owner of any such Components, XceptionalED will assign to You any rights that XceptionalED may have under such owner's warranty.

      No Rental / Commercial Hosting / Webinar / Broadcasting You agree not to rent, host or broadcast as a webinar or otherwise, the Services, the Courses, Content Library etc. offered by XceptionalED without prior written consent by XceptionalED.

      Consent to use data: You agree that XceptionalED may collect and use information gathered as part of the Services provided to You for improving the quality of Services or providing customized services. You agree to the use of such collected data by XceptionalED.

    3. Indemnification and Patent Infringement

      XceptionalED represents that it owns all patented or copyrighted material contained in and all trade secrets with respect to the Services, Documentation, Content Library, Courses except for Components used in Platform and Services. XceptionalED represents and warrants that it has all necessary rights and licenses to carry out its obligation under this Agreement. You shall promptly notify XceptionalED in writing of the assertion of any such claim that the Services violates the trade secret, trademark, copyright, patent, or other proprietary right of any other party. You shall cooperate with XceptionalED in investigating and resolving any such claim. XceptionalED shall defend You against any such claims and shall indemnify and hold You harmless from any liability for damage and costs, arising out of the subject matter of this paragraph incurred in connection with any such claim provided that (a) XceptionalED is informed in writing within 48 hours of such claim and (b) XceptionalED shall have the sole control of the defense and settlement. Notwithstanding anything else to the contrary in this Agreement, XceptionalED shall not indemnify You against any claim or liability based on Your (including Your consultant’ or subcontractors or third parties authorized to use the Services) (a) modification or conversion of the Services or (b) the subsequent use of such modification or conversion or (b) the use or combination of the Services with other services software or Computers programs or data not supplied by XceptionalED.

      You agree to indemnify and hold XceptionalED, its partners, directors, officers, employees and agents harmless from any and all liabilities, losses, actions, damages, or claims (including all expenses, costs, and attorney’s fees) arising out of Your ( including Your consultant’s , sub contractor’s or third parties authorized to Use the Software) (a) gross negligence or willful misconduct (b) improper Use and or installation of the Software; (c) reliance on any claims, misrepresentation or warranties not made by XceptionalED (d) negligence or willful misconduct resulting in any death or bodily injury; (e) violation of intellectual property rights of XceptionalED (f) unauthorized Use or licensing or Distribution of the Services , report templates and reports; (g) modification or conversion of the Software or the subsequent use of such modification or conversion; (h) violation of confidential information and (i) violation of any export laws or any other act.

      If the Services becomes or, in XceptionalED’ opinion is likely to become the subject of the claim of infringement of a patent, trade secret or copyright, XceptionalED may either (i) procure at no cost to You, the right to continue to Use the Services during the Term, (ii) replace modify the Services at no cost to You to make the Services non-infringing, provided that the same function is performed by the replacement or modifications, or (iii) if any of the above alternatives are not commercially viable, terminate the Agreement and the right to use such Services and where a specific fee was paid by You during the 3 month period prior to such infringement claim and grant You a credit thereon.

    4. Intellectual Property Ownership, Copyright Protection

      The Platform and the Services offered by XceptionalED to You under this Agreement are the intellectual property of XceptionalED and are owned by XceptionalED. The structure, organization and code of the software or computer programs in developing the Platform and Services are the valuable trade secrets and confidential information of XceptionalED. The intellectual property in the Platform and the Services is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant You any intellectual property rights in the Platform and Services or any rights to trademarks or service marks of XceptionalED and all rights not expressly granted are reserved by XceptionalED.

    5. Limitation of Liability

      In no event will XceptionalED be liable to You or to any third party for any damages, claims or costs whatsoever or for any consequential, indirect, incidental damages, or for any lost profits or lost savings, even if XceptionalED has been advised of the possibility of such loss, damages, claims or costs. In no event will XceptionalED’s aggregate liability under or in connection with this Agreement exceed the amount paid by You for the licenses and the unexpired portion of support / maintenance fees.

    6. Governmental Regulations and Restrictions

      You agree that the Services provided under this Agreement may be subject to regulations including export laws of countries where Services are offered including the United States of America. You are solely responsible for monitoring and complying with regulations including export laws of the specific country where Services are offered and performed.

    7. General Provisions

      If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms.

      TThis Agreement shall not prejudice the statutory rights of any party dealing as a consumer.

      This Agreement may only be modified by a writing signed by an authorized officer of both parties.

      This is the entire Agreement between XceptionalED and You relating to the Services and it supersedes any prior oral or written agreements or representations or discussions or undertakings or communications or proposals or advertising relating to the Software.

      You agree that upon request from XceptionalED or XceptionalED’s authorized representative, You will within thirty (30) days fully document and certify that Use of any and all of the Services at any time is in conformity with the Permitted Number licensed from XceptionalED and Used as per the terms and conditions of this Agreement.

    8. Governing Law

      This Agreement will be construed in accordance with and governed by the laws of the State of California and the United States of America that would be applied to contracts entered between California residents to be performed entirely within California without regard to the conflicts or choice of law rules of such state or of any other jurisdiction.

    9. Jurisdiction; Waiver of Jury Trial

      Each of the parties hereto irrevocably agrees that any action, suit, claim or other legal proceeding with respect to this Agreement shall be brought and determined in any court located in the County of Santa Clara in the State of California or of the State of California located in the County of Santa Clara (or any appeals courts thereof). The parties hereby submit to personal jurisdiction and venue in connection with any action brought to enforce or arising out of this Agreement in the County of Santa Clara, State of California. Each party hereby waives its right to a jury trial for any claims that may arise out of this Agreement.

    10. Links to Third Party Sites

      XceptionalED is not responsible for the contents of any third-party sites or services, any links contained in third-party sites or services, or any changes or updates to third-party sites or services. Any links provided and the inclusion of any third-party links by XceptionalED does not imply an endorsement by XceptionalED of the third-party site or their products or services.

    11. Force Majeure

      In no event shall XceptionalED be liable for any failure or deficient or delay in performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or disturbances or malfunctions of utilities, internet and communications, or computer and server (software and hardware) services.

    12. Support for Services

      As long as You have a valid registration on this site, XceptionalED shall, during the Term of this Agreement, provide technical support for the Services according to XceptionalED’s then prevailing support policies and standards.

You acknowledge that You have fully read this Agreement, understands it, and agree to be bound by its terms and conditions.

CONTACT:
Please contact us with any questions, feedback, comments, or concerns:
XceptionalED Inc., 2000 W Hedding St, Ste 214, San Jose, CA 95128, USA.

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