Effective: May 28, 2020
BlueLedge (“BlueLedge”, “we” or “us”) is the owner of the BlueLedge Site. The BlueLedge Site contains information, including, without limitation, all text, graphics, photographs, graphs, sounds, data, images, audio, video, page headers, software (including HTML and other scripts), buttons, and other icons, and the arrangement and compilation of this information (collectively, the “Information”) that is either owned or licensed by BlueLedge.
1. License Grant.
Notwithstanding the foregoing license grant, you may not resell, redistribute, broadcast or transfer the Information or use the Information or use the Information in a searchable, machine-readable database or file except through authorized access to the BlueLedge Site. Unless separately and specifically authorized in writing by BlueLedge, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the BlueLedge Site, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity. Access to the BlueLedge Site without the authorization of BlueLedge is strictly prohibited. You agree to use the BlueLedge Site and Information for lawful purposes only. You agree not to post or transmit any information through the BlueLedge Site which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (iii) is protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right, (iv) contains unauthorized or malicious software such as viruses. You shall be solely liable for any damages resulting from your infringement of any copyright, trademark or other proprietary rights, or any other harm caused by your use of the BlueLedge Site or Information.
3. Cancellations and Refunds.
You may cancel your enrollment by submitting a written request for cancellation by e-mail to info@BlueLedge.com.
Refunds. Refunds, if applicable, are issued in the form of a credit card or electronic payment and according to the conditions below:
Main Courses and Curricula
A. If you cancel before the start of instruction, you will be refunded the full amount of the course less a $100 registration/administrative fee.
B. If you cancel after the start of instruction and before the completion of 20% of the program, you will be refunded a pro rata amount based on the percentage of completion at the time of cancellation times the total tuition for your course, less the $100 registration/administrative fee.
C. If you cancel after the start of instruction and the completion of 20% or more of the program, there will be NO REFUNDS.
CEU Courses and Essentials/Fundamental Curricula
A. No refunds are provided once enrolled.
For purposes of this section, instruction begins when you access the first unit of any online course content. Program percentage is calculated based on number of units viewed versus number of total units for the course or curriculum.
4. User Content.
Submissions. All concepts, ideas, comments, manuscripts, illustrations, and all other materials disclosed or offered to BlueLedge on or in connection with the BlueLedge Site are submitted without any restrictions or expectation of confidentiality. BlueLedge shall have no financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. BlueLedge shall have the unrestricted right to use, publish, reproduce, transmit, download, upload, post, display, incorporate it (in whole or in part) in other works in any form, media or technology now known or later developed, or otherwise distribute your submissions in any manner without notice or compensation to you.
Responsibility for Content. BlueLedge does not screen, edit, or review material submitted by users. BlueLedge, therefore, accepts no responsibility or liability for any material which may reside in or is accessed by the BlueLedge Site other than BlueLedge Information. BlueLedge has no responsibility with respect to other sites.
User Linking. You may not link, upload, post or transmit any illegal, obscene, offensive or otherwise inappropriate material to the BlueLedge Site. Furthermore, you may not use any of BlueLedge’s proprietary logos, marks, or other distinctive graphics, video, or audio material in your links, without BlueLedge’s express written permission, which BlueLedge may withhold in its sole discretion. You may not link in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by BlueLedge; (ii) cause confusion, mistake, or deception; (iii) dilute BlueLedge’s trademarks or service marks; or (iv) otherwise violate state or federal law.
5. Third Party Links.
The BlueLedge Site may contain links to other websites. These links are provided for informational purposes only, and BlueLedge does not sponsor or affiliate with any linked entity unless expressly stated. BlueLedge makes no representations and assumes no responsibility for your use of links provided on the BlueLedge Site. You agree to indemnify and hold BlueLedge and any of its related entities, board members, employees, agents and representatives harmless from and against, and shall reimburse BlueLedge for any liability, damage, claim, loss, cost or expense (including, without limitation, court costs and reasonable attorneys’ fees) which may be incurred by BlueLedge as a result of the material you link, upload, post, or transmit to the BlueLedge Site. BlueLedge has no duty to review or edit materials submitted by users. Any such materials may be removed by BlueLedge at any time for any reason whatsoever.
Please note that payments are processed via a third-party vendor. BlueLedge does not receive, retain, or store any payment information. BlueLedge expressly disclaims any responsibility for the security of your payment information. You acknowledge and agree that Company is not liable for any loss or damage which may be incurred by you as a result of utilizing the third-party service to process your payment.
6. Disputes with Third Parties.
If there is a dispute between site users, or between a user and any third party, you understand and agree that BlueLedge is under no obligation to become involved. In the event that you have a dispute with one or more other participants or third parties, you release BlueLedge, its affiliates, officers, employees, agents, representatives and successors from any claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
8. Password Disclosure.
You are prohibited from sharing your username and/or password with any other person, and you are responsible for ensuring that you do not take any actions — or fail to take any actions — that could result in the unauthorized access and use of the BlueLedge Site or the Information. If at any time, you are issued a username and/or password or other positive identifiers of the user issued and authorized by BlueLedge and you learn or suspect that such identifiers have been disclosed or otherwise made known to any person other than yourself, you agree to immediately change your password to prevent unauthorized access to your account.
It is recommended that you use a high-speed internet connection. The compatible operating systems may change from time to time. BlueLedge is not responsible for your failure to use the recommended or compatible software.
You are responsible for configuring your information technology, computer programs, and platform in order to access the BlueLedge Site. You should use your own virus protection software. You may not misuse the BlueLedge Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the BlueLedge Site, the server on which the BlueLedge Site is stored or any server, computer or database connected to the BlueLedge Site. You may not attack the BlueLedge Site via a denial-of-service attack or a distributed denial-of-service attack.
You acknowledge that BlueLedge reserves the right to, and may from time to time, monitor any and all Information transmitted or received through the BlueLedge Site. BlueLedge, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which BlueLedge deems inappropriate or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the BlueLedge Site, authorized or unauthorized, constitutes consent to such monitoring.
11. Export Controls.
Your use of the BlueLedge Site will comply with all applicable laws, rules and regulations that govern the export of technical data.
12. Privacy and Consent to Share Certain Information.
When you access content in our website, we collect information, including, but not limited to, information about the lectures you watch online, the test questions you complete, your performance on practice tests, and your progress toward full completion of all course assignments. Information concerning your usage of our site and your progress using our study materials (“Course Performance Information”) may be disclosed to third parties such as educational institutions, professors, and product development partners for a variety of purposes, including, but not limited to, analyzing and improving certification course passage rates and for the development of new products and services.
The BlueLedge Site is intended for adults 18 years or older. You are not permitted to use the BlueLedge Site if you are under the age of 13. By using the BlueLedge Site, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist children under the age of 13 in accessing the BlueLedge Site or to attempt to contact children under 13 through the BlueLedge Site.
14. Choice of Law and Jurisdiction.
15. Disclaimer of Warranties.
16. Limitation of Liability.
IN NO EVENT SHALL BLUELEDGE OR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR CONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, REVENUES, OR OTHER ECONOMIC LOSSES WHETHER DEEMED DIRECT OR CONSEQUENTIAL AND REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER SUCH DAMAGES WERE REASONABLY FORESEEABLE.
IN NO EVENT SHALL OUR LIABILITY FOR ANY DAMAGES, REGARDLESS OF KIND OR TYPE, TO YOU OR ANY OTHER PERSON, EXCEED $250.00.
17. Limitation of Claims.
Any action on any claim against BlueLedge must be brought by the user within one (1) year following the date the claim first accrued or shall be deemed waived.
In the event that any third-party claim is brought, BlueLedge has the right and option to, at its own expense, undertake the defense and control of such action with counsel of its choice. If BlueLedge exercises this option, you agree to cooperate with it in asserting any available defenses.
19. Copyright, Patent and Trademark Notice.
20. Notice and Procedure for Copyright Infringement Claim.
BlueLedge, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right to terminate your use the BlueLedge Site or Information if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. BlueLedge accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), BlueLedge has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. BlueLedge’s designated agent to receive notification of claimed infringement is:
1201 Hays Street
Tallahassee, FL 32301
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to the BlueLedge designated agent, listed above, and must include the following information:
i. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
ii. Description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for other types of infringing materials, a list of such materials.
iii. Description of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
iv. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.