terms of service

Terms of Service

This web page represents a legal document and is the Terms of Service (Agreement) for our Website, change360.co, as owned and operated by Learnapolis, Inc. doing business as Change 360 (Change360). It was last updated on July 12, 2016. By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully.

 

Definitions

As used in this Privacy Policy the terms defined herein shall have the following meanings:

The terms “us” or “we” or “our” refers to Change360, the owner of this Website.

A “Visitor” is someone who merely browses our Website.

A “Member” is a business or individual that has registered with our Website to use our Service.

A “User” is a collective identifier that refers to either a Visitor or a Member.

A “Service” is any product or service, as such terms are commonly understood, including but not limited to consulting, coaching, courses, newsletters, training, webinars, ebooks, podcasts or other programs that are intended only for Members of the Change360 website, whether or not for purchase and regardless of the textual or multimedia format.

All text, information, graphics, audio, video, and data offered through our Website to Users, whether free to all or part of our paid Service, are collectively known as our “Content”. We may refer to Content provided by our Users as “User Content.” When we refer to our Website or Service, our Content and Courses are included by reference.

Acceptance of Agreement

This Agreement is between you and Change360 and is governed by the Electronic Signatures in Global and National Commerce Act (ESIGN Act).

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

This Agreement constitutes the entire and only Agreement between you and Change360, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Content, Service, and the subject matter contained herein. We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website, and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website/Service.

Limited License

Change360 grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our Website/Service may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Our Relationship to You

The Change360 relationship to you is at all times that of an independent contractor. This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Change360.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website and Services provided therein. We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, all of which is allowed under our Privacy Policy.

Eligibility and Registration for Membership

You may view some of our Content without becoming a Member of our Website. However, to use our Services, you must register with our Website and become a Member. Your membership is not transferable or assignable and is void where prohibited. Our Services are intended solely for people at least age 13 years of age or older. If you are under the age of 18 or older, depending on your state’s age of majority for entering into binding contracts, you will need your parent’s permission. Any registration by anyone under such age, is unauthorized, unlicensed and in violation of these Terms of Service. By using our Service, you represent and warrant that you are at least 18 or older or have your parent’s permission, can enter into binding contracts, and that you agree to and to abide by all of the terms and conditions of this Agreement.

Change360 has the sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.  When you complete the registration process, you will create a password that will allow you to access our Services. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Change360 cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

Professional Advice Disclaimer

You hereby acknowledge that nothing contained in our Website or through our Services shall constitute professional advice and that no professional relationship of any kind is created between you and Change360 or our Members. Change360 makes no guarantees with regard to the Services, to their accuracy or use for a specific purpose, and to their effect on you, your business opportunities, your employment, or your income. You acknowledge that Change360 shall have no liability or responsibility to you or any other person as a result of your use, actions, or reliance upon our Website/Service.

Digital Millennium Copyright Act Compliance

Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the United States’ Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on our Website;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

Our Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website/Service does not constitute any right or license for you to use ours or others’ service marks/trademarks, without the prior written permission of Change360 or the corresponding service mark/trademark owner. Our Content, as found within our Website/Service, is also protected under United States and International copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website/Service does not grant you any ownership rights to our Content.

Advertisers and Sponsors Disclaimer

Our Website may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our Website is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in advertiser or sponsor materials information contained on this Website. The inclusion of third party advertisements does not constitute an endorsement, guarantee, warranty or recommendation by Change360 and we make no representations or warranties, either express or implied, about any products or services offered by such advertisers or sponsors.

Linking to Our Website

You may provide links to our Website, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or immoral activities, and (c) you discontinue providing links to our Website immediately upon request by us.

Links to Other Websites

Our Website may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, products, information, content and/or data of such third party websites. Change360 has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Warranty Disclaimer

Our Website and Services may be temporarily unavailable from time to time for maintenance or other reasons. Change360 assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure or other events which cause the Website not to be accessible. Change360 is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website, including without limitation any software provide through our Website. Under no circumstances will Change360 be responsible for any loss or damage to person or property resulting either from access or the lack of access to this Website.

Change360 reserves the right to change any and all Content, software and other items used or contained in our Website and Services, at any time without notice.  All Content is provided and accepted on an “as is” and “as available” basis and with all faults or inaccuracies.  We make no warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

Users assume all risks associated with the use of this Website and its Content.  Change360 and its affiliates shall have no liability or responsibility and make no warranty, refund or other restitution for any reason whatsoever, except for paid services obtained directly from this Website in which event our liability for such paid services shall be in accordance with the terms and conditions of such sale.  In no event will Change360 or its directors, employees or agents be liable to any User or third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, loss profits or lost data arising from your use or failure of access of our Website and Services.

Payments

You represent and warrant that if you make a payment to Change360 as may be required for access to Services that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

Payment Charge-Backs

We actively support fighting payment fraud, and will do everything within our ability to prevent it.  In the event there is a fraudulent payment made on a Member’s account please bring it to our attention immediately so that we can investigate and take appropriate action.

Refund Policy

We offer a 30-day money back guarantee for most but not all of our paid Services that are purchased directly through this website, as is more fully described in the terms of sale at the time of purchase. To receive a refund, the Member must submit a refund request via our online form by midnight Eastern Standard Time 30 days from the original purchase date. Change360 will make every effort to quickly refund the funds in the means in which it was received. No refunds will be granted after 30 days.

Use of Information and User Content

We reserve the right, and you authorize us, to the use and assignment of all of your account information, user content, and usage of our Website and services in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, user content, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. To the extent that such submission contain copyrighted, either owned by you or licensed to you, you grant Change360 a perpetual, irrevocable, royalty-free, worldwide license to use such submission as we see fit, in any form whether on our Website or elsewhere. We will not be required to treat any submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our Service or other operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the submission of every kind and nature, without compensation to you or any other person sending the submission.

Privacy Policy

Our Privacy Policy is considered part of this Agreement. You should review the Privacy Policy by clicking on this link.

Indemnification

You agree to indemnify, defend and hold harmless Change360 and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers, attorneys, advertisers, sponsors, and affiliates from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website and Services.

Termination of Your Account

You understand and agree that if you violate the terms of this Agreement or if you do not login to our Website at least every ninety (90) days, Change360 reserves the right to automatically terminate your Member access without notice to you. You may also voluntarily terminate your Member access.

Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and our Service, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the International Arbitration Association.  The arbitration shall be conducted in Chicago, Illinois, United States, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. We may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Illinois, United States, necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.

Governing Law

This Agreement shall be treated as though it were executed and performed in Chicago, Illinois, United States, and shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to conflict of law principle and by using this Website you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website/Service, must be instituted within one (1) year after the cause of action arose or be forever waived and barred.