Terms and Conditions of Use

Welcome to NovaLearn! These Terms and Conditions govern your use of the NovaLearn website, online learning platform, and all associated services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you must not use the Services.

1. Acceptance of Terms

These Terms and Conditions constitute a legally binding agreement between you (the "User") and NovaLearn, located at 555 Market Street, Suite 100, San Francisco, CA 94105, and governed by the laws of the State of California. NovaLearn may modify these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting to the website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms and Conditions. It is your responsibility to review these Terms and Conditions periodically for updates.

2. User Responsibilities

As a user of NovaLearn's Services, you agree to the following:

1. You must be at least 18 years old to use the Services or have the consent of a parent or guardian.
2. You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You are solely responsible for all activities that occur under your account.
3. You agree not to use the Services for any unlawful purpose or in violation of these Terms and Conditions.
4. You agree not to engage in any activity that could damage, disable, overburden, or impair the Services or interfere with any other user's access to the Services.
5. You agree not to attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services.
6. You agree not to use any automated means, such as bots or scrapers, to access or collect data from the Services without NovaLearn's express written permission.
7. You agree to respect the intellectual property rights of NovaLearn and its instructors. You may not copy, reproduce, distribute, or create derivative works from any content on the Services without the express written permission of NovaLearn or the copyright holder.
8. You agree to abide by the community guidelines posted on the NovaLearn platform, including refraining from harassment, discrimination, or any other form of inappropriate behavior.

3. Content Ownership

All content provided on the NovaLearn platform, including course materials, videos, lectures, quizzes, and assignments, is the intellectual property of NovaLearn or its instructors. You are granted a limited, non-exclusive, non-transferable license to access and use the content for personal, non-commercial educational purposes only. This license does not grant you any ownership rights to the content. You may not:

• Distribute, sell, or sublicense the content to any third party.
• Modify, adapt, or create derivative works from the content.
• Remove any copyright or other proprietary notices from the content.
• Use the content for any commercial purpose without NovaLearn's express written permission.

User-generated content, such as forum posts, comments, and assignment submissions, remains the intellectual property of the user who created it. However, by posting or submitting content to the NovaLearn platform, you grant NovaLearn a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and distribute the content for the purpose of operating and promoting the Services. You represent and warrant that you have the right to grant this license and that your content does not infringe the intellectual property rights of any third party.

4. Limitations of Liability

To the fullest extent permitted by applicable law, NovaLearn shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of the Services or your inability to access or use the Services.
• Any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties.
• Any content obtained from the Services.
• Unauthorized access, use, or alteration of your transmissions or content.

In no event shall NovaLearn's aggregate liability for all claims relating to the Services exceed the amount you paid to NovaLearn, if any, during the six (6) months prior to the event giving rise to the liability. The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not NovaLearn has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

5. Termination

NovaLearn may terminate your access to the Services at any time, with or without cause, with or without notice, effective immediately. Grounds for termination may include, but are not limited to:

• Violation of these Terms and Conditions.
• Engaging in illegal or fraudulent activities.
• Interfering with the operation of the Services.
• Failure to pay fees due for the Services.
• Providing false or misleading information during registration or in connection with your use of the Services.

You may terminate your account at any time by contacting NovaLearn customer support at [email protected]. Upon termination, your right to access and use the Services will immediately cease. NovaLearn shall have no obligation to retain or provide you with any content or data associated with your account after termination, except as required by applicable law. Sections 3, 4, 6, 7 and 8 of these Terms and Conditions shall survive any termination.

6. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or relating to these Terms and Conditions or the Services shall be instituted exclusively in the federal or state courts located in San Francisco, California, and you irrevocably submit to the jurisdiction of such courts.

7. Dispute Resolution

Any dispute arising out of or relating to these Terms and Conditions or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in San Francisco, California. The arbitrator's decision shall be final and binding on both parties. Nothing in this section shall prevent NovaLearn from seeking injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights.

8. Contact Information

If you have any questions or concerns about these Terms and Conditions, please contact us at:

NovaLearn Legal Department
555 Market Street, Suite 100
San Francisco, CA 94105
Email: [email protected]
Phone: (415) 555-2020