NovaLearn - Terms and Conditions

1. Acceptance of Terms

Welcome to NovaLearn! By accessing or using the NovaLearn website, including all its content and services (the "Service"), you agree to be bound by these Terms and Conditions (the "Terms"). If you do not agree to these Terms, please do not use the Service. These Terms constitute a legal agreement between you and NovaLearn, located at 123 Learning Lane, Austin, TX 78704, USA.

2. Description of Service

NovaLearn provides an online learning platform offering a variety of courses, resources, and tools designed to facilitate educational and professional development. This includes, but is not limited to, video lectures, quizzes, assignments, discussion forums, and downloadable materials. NovaLearn reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

3. Registration and Account

To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. NovaLearn reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

4. Course Enrollment and Payment

Enrollment in courses offered through NovaLearn requires payment of the applicable fees. Payment methods accepted are credit card, debit card, and PayPal. All fees are non-refundable except as expressly provided in our Refund Policy, which is an integral part of these Terms and Conditions. NovaLearn reserves the right to change the fees for any course at any time. You are responsible for paying all fees and taxes associated with your use of the Service.

5. User Conduct

You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Service. Prohibited behavior includes, but is not limited to:

Harassing or causing distress or inconvenience to any other user.
Transmitting obscene or offensive content.
Disrupting the normal flow of dialogue within the Service.
Impersonating another user or individual.
Posting or transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Violating any applicable local, state, national, or international law or regulation.

6. Intellectual Property

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Service, is the property of NovaLearn or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service. NovaLearn content is not for resale. Your use of the Service does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of NovaLearn and the copyright owner.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOVALEARN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NOVALEARN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOVALEARN DOES NOT WARRANT THAT THE SERVICE, ITS SERVERS, OR E-MAIL SENT FROM NOVALEARN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOVALEARN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

8. Limitation of Liability

NOVALEARN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NOVALEARN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

THE USE OR THE INABILITY TO USE THE SERVICE;
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;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
ANY OTHER MATTER RELATING TO THE SERVICE.

9. Indemnification

You agree to indemnify, defend and hold harmless NovaLearn, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Service, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. NovaLearn reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with NovaLearn in asserting any available defenses.

10. Termination

NovaLearn may terminate your access to the Service, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. You agree that any legal action or proceeding between NovaLearn and you for any purpose concerning these Terms or the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Austin, Texas.

12. Changes to Terms

NovaLearn reserves the right, in its sole discretion, to change the Terms under which the Service is offered. The most current version of the Terms will supersede all previous versions. NovaLearn encourages you to periodically review the Terms to stay informed of our updates. Your continued use of the Service after any changes to the Terms constitutes your acceptance of the new Terms.

13. Contact Information

If you have any questions about these Terms, please contact us at:

NovaLearn
123 Learning Lane
Austin, TX 78704, USA
Phone: (512) 555-1212
Email: [email protected]

14. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by NovaLearn on the Service, constitute the entire agreement between you and NovaLearn concerning the Service.

15. Waiver and Severability

The failure of NovaLearn to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

16. Digital Millennium Copyright Act (DMCA) Notice

NovaLearn respects the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
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 the Service;
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; and
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.

Our Copyright Agent for notice of claims of copyright infringement on the Service can be reached as follows: