This agreement applies as between you, the User of this Website and University of Central Missouri (UCM) and its partners (et al), the owner(s) of this Website. Your agreement to comply with and be bound by Sections 1, 2, 4-5, 7-11 and 15–25 of these Terms and Conditions is deemed to occur upon your first use of the Website. Sections 3, 6 and 12–14 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
In this Agreement the following terms shall have the following meanings:
Account: means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
Content: means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
Facilities: means collectively any online facilities, tools, services or information that UCM et al makes available through the Website either now or in the future;
Services: means the services available to you through this Website, specifically use of the UCM Learning Academy proprietary e-learning platform;
Payment Information: means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and payment gateways;
Premises: Means Our place(s) of business located at 1101 NW Innovation Parkway Lee's Summit, MO 64086;
System: means any online communications infrastructure that UCM et al makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
User / Users: means any third party that by the act of creating an account - accesses the Website and is not employed by UCM et al and acting in the course of their employment or partnership agreement;
Website: means the website that you are currently using (www.ucmlearningacademy.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions; and
We/Us/Our: means University of Central Missouri, a public university in Warrensburg Missouri, accredited by the Higher Learning Commission and its partners.
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
These Terms and Conditions also apply to customers procuring Services in the course of business.
- 4.1 Subject to the exceptions in
Section 5 of these Terms and Conditions, all Content included on the Website,
unless uploaded by Users, including, but not limited to, text, graphics, logos,
icons, images, sound clips, video clips, data compilations, page layout,
underlying code and software is the property of UCM et al, and other designated third
parties. By continuing to use the Website you acknowledge that such material is
protected by applicable State of Missouri, United Stated Federal laws,
International intellectual property laws and other applicable laws.
- 4.2 Subject to Section 6 you may
not reproduce, copy, distribute, store or in any other fashion re-use material
from the Website unless otherwise indicated on the Website or unless given Our
express written permission to do so.
- 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 5.2 Subject to Section 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
- 6.1 All
materials displayed on the Website (“Content”) belong to UCM et al or our licensed
affiliates.
-
6.2 Users
are permitted to retrieve and display the Content on a computer screen in order
to use the Service for their own personal use.
-
6.3 Users
are permitted print individual pages on paper and store individual pages in
electronic form on storage drives and on their computer.
- 6.4 Users
are not permitted to redistribute any of the Content (including by using it as
part of any library, archive or similar service.
-
6.5 Users
are not permitted to retrieve and display or print the Content for anyone other
than another User.
- 6.6 Users
are not permitted to remove copyright or trademark notices from any copies of
the Content made under this Agreement.
- 6.7 Users
are not permitted to create a database in electronic or structured manual form
by downloading and storing any or all of the Content.
- 6.8 Users are not permitted
to modify, reproduce, publish or in any way commercially exploit any of the
Content. Nor may you permit or enable a third party to do any of these acts on
your behalf.
This
Website may contain links to other sites. Unless expressly stated, these sites
are not under the control of UCM et al or
that of Our licensed affiliates. We assume no responsibility for the content of
such websites and disclaim liability for any and all forms of loss or damage
arising out of the use of them. The inclusion of a link to another site on this
Website does not imply any endorsement of the sites themselves or of those in
control of them.
Those
wishing to place a link to this Website on other sites may do so only to the
home page of the site www.ucmlearningacademy.com without
Our prior permission. Deep linking (i.e. links to specific pages within the
site) requires Our express written permission.
- 9.1 When using any System on the
Website you should do so in accordance with the following rules. Failure to
comply with these rules may result in your Account being suspended or closed:
- 9.1.1 You must not use obscene or vulgar language;
- 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 9.1.3 You must not submit Content that is intended to promote or incite violence;
- 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to inquiries submitted in any other languages;
- 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 9.1.6 You must not impersonate other people, particularly employees and representatives of UCM et al or Our licensed affiliates; and
- 9.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".
- 9.2 You acknowledge that UCM et al reserves the right to
monitor any and all communications made to Us or using Our System.
- 9.3 You acknowledge that UCM et al may retain copies of any and
all communications made to Us or using Our System.
- 9.4 You acknowledge that any
information you send to Us through Our System may be modified by Us in any way
and you hereby waive your moral right to be identified as the author of such
information. Any restrictions you may wish to place upon Our use of such
information must be communicated to Us in advance and We reserve the right to
reject such terms and associated information.
- 10.1 In order to procure Services
on this Website and to use certain other parts of the System, you are required
to create an Account which will contain certain personal details and Payment
Information which may vary based upon your use of the Website as We may not
require payment information until you wish to make a purchase. By continuing to
use this Website you represent and warrant that:
- 10.1.1 all information you submit
is accurate and truthful;
- 10.1.2 you have permission to
submit Payment Information where permission may be required; and
- 10.1.3 you will keep this
information accurate and up-to-date. Your creation of an Account is further
affirmation of your representation and warranty.
- 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying Us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
- 10.4 When choosing your username you are required to adhere to the terms set out above in Section 9. Any failure to do so could result in the suspension and/or deletion of your Account.
- 11.1 Either UCM et al or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
- 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
- 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from UCM et al correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether.
- 12.2 Where appropriate, you may be required to select the required Plan of Services.
- 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
- 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
- 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
- 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between UCM et al and you.
- 13.2 Order confirmations under sub-Section 13.1 will be sent to you before the Services begin and shall contain the following information:
- 13.2.1 Confirmation of the Services
ordered including full details of the main characteristics of those Services;
- 13.2.2 Fully itemized pricing for
the Services ordered including, where appropriate, taxes, delivery and other
additional charges;
- 13.2.3 Relevant times and dates for
the provision of the Services;
- 13.2.4 User credentials and
relevant information for accessing those services.
- 13.3 If We, for any reason, do
not accept your order, no payment shall be taken under normal circumstances. In
any event, any sums paid by you in relation to that order will be refunded
within 14 calendar days.
- 13.4 Payment for the Services
shall be taken via your chosen payment method, immediately for any setup fee
that corresponds to the service plan you purchased and at the same day of each
subsequent month (“billing cycle”) for charges accrued during the previous
month (“billing cycle”) AND/OR as indicated in the order confirmation you
received.
- 13.5 We aim to fulfill your Order
within 2-3 working days or if not, within a reasonable period following your
Order, unless there are exceptional circumstances. If we cannot fulfill your
Order within a reasonable period, we will inform you at the time you place the
Order by a note on the relevant web page or by contacting you directly after
you place your Order. Time is not of the essence of the Contract, which means
we will aim to fulfill your Order within any agreed timescales but this is not
an essential term of the Contract and we will not be liable to you if we do not
do so. If the Services are to begin within 14 calendar days of Our acceptance
of your order, at your express request, you will be required to expressly
acknowledge that your statutory cancellation rights, detailed below in Section
14, will be affected.
- 13.6 UCM et al shall use all Our reasonable
endeavors to provide the Services with reasonable skill and care, commensurate
with best trade practice.
- 13.7 In the event that Services
are provided that are not in conformity with your order and thus incorrect, you
should contact Us immediately to inform Us of the mistake. We will ensure that
any necessary corrections are made within five (5) working days.
Additional
terms and conditions may apply to the provision of certain Services. You will
be asked to read and confirm your acceptance of any such terms and conditions
when completing your Order.
We want
you to be completely satisfied with the Products or Services you order
from UCM et al. You may
cancel an Order that we have accepted or cancel the Contract within 48 hours of
ordering.
- 14.1 We want
you to be completely satisfied with the Products or Services you order
from UCM et al. You may
cancel an Order that we have accepted or cancel the Contract within 48 hours of
ordering.
Use of the
Website is also governed by our Privacy Policy which
is incorporated into these Terms and Conditions by this reference.
- 16.1 All personal information
that We may collect (including, but not limited to, your name and address) will
be collected, used and held in accordance with the provisions of the Data
Protection Act 2018 and your rights under that Act.
- 16.2 We may use your personal
information to:
- 16.2.1 Provide Our Services to you;
·
- 16.2.2 Process your payment for the
Services; and
- 16.2.3 Inform you of new products
and services available from Us. You may request that We stop sending you this
information at any time.
- 16.3 We will not pass on your
personal information to any other third parties without first obtaining your
express permission.
- 17.1 We make no warranty or
representation that the Website will meet your requirements, that it will be of
satisfactory quality, that it will be fit for a particular purpose, that it
will not infringe the rights of third parties, that it will be compatible with
all systems, that it will be secure and that all information provided will be
accurate. We make no guarantee of any specific results from the use of our
Service or Services.
- 17.2 No part of this Website is
intended to constitute advice and the Content of this Website should not be
relied upon when making any decisions or taking any action of any kind.
- 17.3 No part of this Website is
intended to constitute a contractual offer capable of acceptance.
- 17.4 Whilst We use reasonable endeavors
to ensure that the Website is secure and free of errors, viruses and other
malware, you are strongly advised to take responsibility for your own internet
security, that of your personal details and your computers.
We reserve
the right to change the Website, its Content or these Terms and Conditions at
any time. You will be bound by any changes to the Terms and Conditions from the
first time you use the Website following the changes. If We are required to
make any changes to these Terms and Conditions by law, these changes will apply
automatically to any orders currently pending in addition to any orders placed
by you in the future.
- 19.1 The Website is provided “as is” and on an “as available” basis. UCM et al uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 20.2 Nothing in these Terms and Conditions excludes or restricts UCM et al’s liability for death or personal injury resulting from any negligence or fraud on the part of UCM et al.
- 20.3 Nothing in these Terms and Conditions excludes or restricts UCM et al’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and UCM et al.
- 24.1 All notices / communications shall be given to Us either by postal carrier to Our Premises (see address above) or by email to ula@ucmo.edu. Such notice will be deemed received 3 business days after posting if sent by first class post and the 2nd business day if by email.
- 24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
These
Terms and Conditions and the relationship between you and UCM et al shall be governed by and
construed in accordance with the Law of State of Missouri.