Welcome to LearnXcel! These Terms and Conditions ("Terms") govern your use of the LearnXcel online learning platform (the "Service") provided by LearnXcel ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree with these Terms, you may not use the Service.
1.1. Account Creation: To access certain features of the Service, you must create an account. You must provide accurate and complete information when creating your account, and you agree to keep your account information up to date.
1.2. Account Security: You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You are also responsible for all activities that occur under your account. Notify us immediately if you suspect any unauthorized access to or use of your account.
1.3. Age Requirement: You must be at least 18 years old to create an account and use the Service. If you are under 18, you may only use the Service with the consent and supervision of a parent or legal guardian.
1.4. Account Termination by User: You may terminate your account at any time by contacting our support team through the Contact Us page. Upon termination, your access to the Service will be revoked, and any unused course credits may be forfeited, as specified in our refund policy.
1.5. Account Suspension or Termination by LearnXcel: We reserve the right to suspend or terminate your account at any time, with or without notice, if we believe that you have violated these Terms or engaged in any conduct that we deem harmful to the Service or other users. Reasons for suspension or termination may include, but are not limited to, providing false information, engaging in fraudulent activities, violating copyright laws, or disrupting the learning environment.
2.1. LearnXcel Content: All content included on the Service, such as course materials, videos, text, graphics, logos, and software, is the property of LearnXcel or its licensors and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any LearnXcel content without our prior written consent.
2.2. User-Generated Content: You may be able to submit content to the Service, such as comments, forum posts, or project submissions ("User Content"). You retain ownership of your User Content, but by submitting it to the Service, you grant LearnXcel a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display your User Content in connection with the Service.
2.3. Content Accuracy: While we strive to ensure the accuracy and quality of the content available on LearnXcel, we do not guarantee that all content is error-free or up-to-date. Users are encouraged to report any inaccuracies or concerns they may have regarding the content. We will make reasonable efforts to review and correct any errors that are brought to our attention.
2.4. Copyright Infringement: LearnXcel respects the intellectual property rights of others. If you believe that your copyrighted work has been infringed upon on our platform, please notify our designated copyright agent with the following information: (a) a description of the copyrighted work that you claim has been infringed; (b) a description of where the infringing material is located on the platform; (c) your contact information, including your address, telephone number, and email address; (d) 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 (e) 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.
3.1. Prohibited Activities: You agree not to use the Service for any unlawful or prohibited purpose, including but not limited to:
3.2. Community Guidelines: LearnXcel aims to create a supportive and respectful learning environment for all users. You agree to adhere to our community guidelines, which include:
4.1. Disclaimer: The Service is provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the Service, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.
4.2. Limitation of Liability: In no event shall LearnXcel be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Service, even if we have been advised of the possibility of such damages. Our total liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the amount you paid to us for access to the Service in the twelve (12) months preceding the claim.
4.3. Third-Party Content: LearnXcel may contain links to third-party websites or resources. We are not responsible for the content, accuracy, or availability of these external sites or resources, and we do not endorse any products or services offered by third parties. Your use of third-party websites and resources is at your own risk.
4.4. Force Majeure: LearnXcel shall not be liable for any failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
5.1. Termination by LearnXcel: We may terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, violations of these Terms, fraudulent activities, or conduct that we deem harmful to the Service or other users.
5.2. Effect of Termination: Upon termination, your right to access and use the Service will immediately cease. You will no longer be able to access your account or any content stored on the Service. Sections 2, 3, 4, and 6 of these Terms shall survive termination.
5.3. Refund Policy: If your account is terminated by LearnXcel for a violation of these Terms, you may not be entitled to a refund of any fees paid for access to the Service. Our refund policy, which can be found on the Contact Us page, provides detailed information about eligibility for refunds in various circumstances.
6.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
6.2. Dispute Resolution: Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wilmington, Delaware. The arbitrator's decision shall be final and binding, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
6.3. Class Action Waiver: You agree that any claims against LearnXcel must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
We may modify these Terms at any time by posting the revised Terms on the Service. Your continued use of the Service after the posting of revised Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically for any changes.
If you have any questions about these Terms, please contact us through the Contact Us page. Our customer support team, managed by Amelia Rodriguez, Head of Customer Relations, is available to assist you with any inquiries.