Terms & Conditions

INTRODUCTION AND ACCEPTANCE OF TERMS

The Influencer Academy Ltd. (collectively, “we,” “us” or “TIA”) provides you access to the TIA Services (defined below) subject to the terms and conditions described in this document (this “Terms of Use”) and any other guidelines, rules or licenses posted in connection with any Online Courses (defined below). This Terms of Use also includes our Privacy Policy, incorporated by this reference.

By using this Service, registering a User Account (defined below), purchasing an Online Course, or by indicating your agreement to this Terms of Use through a similar mechanism, you are agreeing to be bound by this Terms of Use. If you do not agree to this Terms of Use, do not use the Services. If you under the age of 18, but at least 13 years of age, you represent and agree that you are an emancipated minor or possess legal parental or guardian consent to use the Services and are fully able and competent to enter into all of the conditions, obligations, affirmations, representations and warranties set forth in this Terms of Use. The Services are not intended for, nor directed at, individuals under the age of 13 (or under the applicable age of consent in your jurisdiction); if you are under 13 years of age (or the applicable age of consent in your jurisdiction), do not use the Services.

NOTICE REGARDING DISPUTE RESOLUTION: These Terms of Use contain provisions that govern how claims you and we may have against each other are resolved (see the Section entitled ‘Arbitration’ below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration. (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

By participating in any of our Online Courses or otherwise interacting with our Services, including, without limitation, through any communities, chat rooms, or other method or media used for the purpose of providing you the Service(s), you are also bound by TIA’s Honor Code and Code of Community Conduct, which for purposes of this Terms of Use constitute TIA policies hereby incorporated by this reference.

Choice of Law

The laws of the Province of New Brunswick and the laws of Canada applicable therein shall govern as to the interpretation, validity and effect of this document, notwithstanding any conflict of laws provisions of your domicile, residence or physical location. You hereby consent and submit to the exclusive jurisdiction of the courts of the Province of New Brunswick in any action or proceeding.

Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

Any notice or other communication to be given hereunder will be by email by you to [email protected]

Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

 

SERVICES

TIA provides many services (each a “Service” and together the “Services”) through its website(s) located at https://theinfluenceracademy.com, as well as any other websites and applications owned, operated, or controlled by us (each a “Website” and collectively the “Websites”), including, without limitation, all information, content, services, and materials made available through any Website, social media channels, or other online or onsite channels that enable you to participate in any TIA online educational programs (collectively, the “Online Courses”) and related services, or any part thereof. A verified certificate of accomplishment upon conclusion of the applicable Online Course (“Verified Certificate”), shall be awarded, in the sole discretion of TIA and the instructors for the Online Courses, to Students (defined below) who have completed the course to the satisfaction of TIA including without limitation being in compliance with all TIA policies.

TIA reserves the right, at any time and from time to time, to modify, discontinue, temporarily or permanently, the Services provided or any part or portion thereof, with or without notice to you. You agree that TIA shall not be liable to you or to any third party for any modifications, suspensions, or discontinuance of the Services, or any portion thereof. Nothing in this Terms of Use shall be construed to obligate TIA to maintain and support the Services or any part or portion thereof, during the term of this Terms of Use.

TIA and the instructors of the Online Courses further reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses, as well as the point value or weight of assignments, tests, quizzes, exams, projects, and other such evaluations of progress. By attending the Online Courses, Students acknowledge that TIA and the instructors maintain the right and ability to adapt, modify or revise the Online Courses as TIA and the instructors deem appropriate.

 

ACCESS

Access: There are different ways in which you may access or use the Services. In each and every instance, you are only authorized to use the Services if you agree to abide by all applicable laws, rules, regulations, as well as this Terms of Use. You agree that you will never divulge or share access to your User Account with any third party for any reason.

MODIFICATION OF THIS TERMS OF USE

We reserve the right to change or modify this Terms of Use at our sole discretion at any time. Any change or modification to this Terms of Use will be effective immediately upon posting by TIA on its Websites or applications, or as of the date indicated in the updated Terms of Use.

STUDENT AND ATTENDEE COMMUNICATIONS

Agreement to Receive Electronic Communications.

If you are a Student, you expressly consent to electronically receive all communications, agreements, documents, notices and disclosures whether transactional or promotional in nature as described more fully in the Privacy Policy You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.

 

Agreement to Receive Autodialed or Pre-recorded Calls and SMS Messaging.

By agreeing to receive electronic communications and/or by providing us your telephone or mobile number in connection our Services, represent that you are the subscriber of the cellular service at the mobile number provided, or that you are authorized by the subscriber to sign up to receive communications by telephone or text message. You further consent to receive autodialed or prerecorded calls, SMS, and/or text messages from us so that we may (i) notify you about activity connected with your User Account and any use thereof; (ii) provide you with Services associated with the Websites or Online Courses; (iii) troubleshoot problems with your User Account; (iv) resolve disputes; (v) collect debts; or (vi) as otherwise necessary to service your User Account or enforce this Terms of Use, our policies, applicable law, or any other agreement we may have with you. With your consent, we may also use automated technology or a pre-recorded voice to contact you by phone or SMS with offers and promotions that may interest you. To opt out of receiving offers and promotions by phone or SMS, please text STOP in reply to any communication sent by us or to the phone number identified in connection with our Service from the device for which you no longer wish to receive communications. We won’t share your phone number with third parties for any other purposes, other than to provide services to TIA on our behalf as noted below, without your consent. We may share your phone numbers with our Affiliates or with our third-party service providers, such as provision of Services, customer support, billing or collections companies, who we have contracted with to assist us in pursuing our rights or performing our obligations under this Terms of Use, our policies, applicable law, or any other agreement we may have with you. Other than prohibited by law, you agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. Standard telephone minute and text charges may apply.

You further understand and consent that we may, upon notice at time of contact, monitor, or record telephone conversations between us (or our service providers) and you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

PRIVACY

In connection with your use of the Services we may collect, store, use, share, and/or process certain information about you and your interaction with our Services. For further explanation on how we treat information collected and received from you when you use the Services and/or participate in our Online Courses, please see our Privacy Policy.

USER CONDUCT POLICY

As a condition of accessing or using any of the Services and/or Online Courses, you are, prohibited from undertaking, and agree not to: (a) violate any applicable laws, regulations, or rules; (b) set up multiple User Accounts, (c) reproduce, duplicate, copy, sell, resell, display, publish, transfer, distribute, create derivative works of, or exploit for any commercial purposes any portion of the Services, the Online Courses, any Content (as defined below), or any other aspect of our operations, other than as expressly allowed under this Terms of Use; (d) reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services; (e) use TIA’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (f) use any high volume, automated, electronic, or third party means to access the Services including without limitation robots, crawlers, browser plug-ins, browser extensions, spiders, or scripts (“Add-ons”)); (g) frame the Services, place pop-up windows over its pages, or otherwise affect the display of its pages; (h) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (i) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; (j) directly, or through any Add-ons, scrape any part of the Websites and/or Services; and/or (k) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

In addition, you may not post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information (collectively, “Unauthorized Content”):

  • that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
  • that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information
  • that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
  • that violates the rights of other Users of the Services; or
  • that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.

TIA’S INTELLECTUAL PROPERTY RIGHTS

The Services are owned and operated by TIA and its licensors. All content or other material available through the Services, including, but not limited to, information on the Websites, on-line lectures, speeches, video or other lessons, applications, pre-assessments and assessments, quizzes, presentation materials, homework assignments, programming assignments, programs, code, licenses, and other images, text, layouts, arrangements, displays, illustrations, documents, surveys, materials, audio and video clips, HTML, and files (collectively, the “Content”), are the property of TIA and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under Canadian and foreign law.

TIA logos, trademarks and service marks which may appear on the Website(s), throughout the Services and in Online Courses (“Marks”), are the property of TIA and are protected under Canadian and foreign laws. All other trademarks, service marks, and logos used on the Services, with or without attribution, are the trademarks, service marks, or logos of their respective owners. In addition, elements of the Services are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of TIA.

From time to time, TIA may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. TIA and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.

LICENSE TO USE THE SERVICES

Subject to your compliance with this Terms of Use, TIA hereby grants you a freely revocable, worldwide, non-exclusive, non- transferable, non-sublicensable limited right and license (a) to access, internally use and display the Services, including the Content, at your location solely as necessary to participate in the Online Courses as permitted hereunder, and (b) to download the Educational Content (as defined below) so that you may exercise the rights granted to you under the section entitled “Creative Commons license” below. You must abide by all copyright notices or restrictions contained on the Websites, in any Online Course, or in the Content. You may not delete any attributions, legal or proprietary notices on the Websites, in the Online Courses, or on the Content.

In some instances, some of the Content belonging to our licenses and provided in connection with the Online Courses, may require you to agree to that licensor’s terms and conditions. TIA has no control and is not responsible for those third-party services as further described in the Linking to Third Party Sites and Content section below.

LICENSE TO EDUCATIONAL CONTENT

As used herein, “Educational Content” means a subset of the Content containing the educational materials made available to you through the Online Courses, including such online lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, code samples, and other educational materials and tools. Such Educational Content will be considered the “Licensed Material”.  TIA prohibits the following:

  •  (a) the sale or rental of (i) any part of the Educational Content, ((ii) any derivative works based at least in part on the Educational (Content, or (iii) any collective work that includes any part of the (Educational Content;
  • (b) the sale of access or a link to any part of the Educational (Content without first obtaining informed consent from the buyer (that the buyer is aware that the Educational Content, or such part (thereof, is available at the Website free of charge;
  • (c) providing training, support, or editorial services that use or (reference the Educational Content in exchange for a fee;
  • (d) the sale of advertisements, sponsorships, or promotions placed (on the Educational Content, or any part thereof, or the sale of (advertisements, sponsorships, or promotions on any website or blog (containing any part of the Educational Material, including without (limitation any “pop-up advertisements”;
  • (e) the use of Educational Content by a college, university, school, or other educational institution for instruction where tuition is charged; and
  • (f) the use of Educational Content by a for-profit corporation or non-profit entity for internal professional development or training.

USER CONTENT

TIA may provide Users with the ability to upload forum posts, chat with other Users, User discussions as well as post content, discussions, materials, media, and other information through profile pages and throughout the Services for social interaction or for use with the Websites or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). TIA is not responsible that User Content and does not guarantee that any such User Content is accurate, truthful, up to date, reliable, or appropriate and disclaims any and all liability to you to the fullest extent of the law related to such User Content. You understand and agree that your reliance and/or reference to such User Content is solely at your own risk. TIA does not claim ownership of any User Content you, or other Users, may submit or make available for inclusion on the Websites or Online Courses. Accordingly, subject to the license granted to TIA below, you will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content that you submit, post, or share via our Services.

With respect to any User Content you submit to TIA (including for inclusion on the Websites or Online Courses) or that is otherwise made available to TIA, you hereby grant TIA an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Websites or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to TIA above shall be exclusive. TIA reserves the right to remove any User Content at any time and for any reason.

To the extent that you provide any User Content through any of the Services, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit TIA to use such User Content as provided above, (b) your User Content is accurate and reasonably complete, (c) as between you and TIA, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, (d) such User Content does not violate and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices and (e) your User Content shall comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content, including, but not limiting to, laws regarding the transmission of technical data exported from Canada or the country in which you reside.

With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Canada or the country in which you reside.

FORUM, BLOG, AND CHATROOM SERVICES

You may be able to post messages to, and interact with other Users, TIA staff, or TIA service providers through, User forums, chat rooms, or blogs within the Services, in connection with your participation in any Online Courses (each a “Forum”). Your use of these Forums is subject to and governed by this Terms of Use. By using any of the communications methods available on the Online Courses, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by TIA in any manner (unless expressly stated otherwise by TIA) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by TIA in any manner, though TIA reserves the right to do so at any time at its sole discretion in accordance with this Terms of Use. You acknowledge and agree that any Services TIA provides to you via such Forums may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered “Content” under this Terms of Use and is provided for educational purposes only.

SOCIAL SHARING AND TIA PROFILES

To the extent you utilize any features of our Service that allow for public and/or social sharing of Forum content, User Content, or Profiles (as defined in our Privacy Policy), you understand that such information may be made available to third parties. While we attempt to limit access to your such content to legitimate Users, and ask that potential employers keep your information confidential, we cannot guarantee that other third parties will not gain access to this database. Additionally, we cannot guarantee control of the use made of socially shared information by third parties who access information you’ve shared our Profiles database. Once socially shared information, including, but not limited to, your Profile, has been disclosed, we are not able to retrieve it from the third parties who accessed it or ensure the destruction of it by those third parties.

You should not put sensitive information or other information you would not want made public, in your Profile or otherwise share that information socially. If you do include such information in your Profile or otherwise publicly share your information, then you agree that it is at your own risk and recognize that we cannot control third parties’ access to such information. You should not socially share or otherwise provide any of the following information or data in your Profile: (i) racial or ethnic origin, (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union or political party (v) physical or mental health or biometric or genetic details (vi) addictions, sexual activities (vii) criminal offences or proceedings (viii) information relating to unlawful or objectionable conduct, or (ix) any Social Insurance Number or identification number.

You also should be aware that your Profile or other information you share socially may be visible and/or monitored by your current employer if they have access to the Website(s).

PAYMENT TERMS

By enrolling in an Online Course or purchasing any of our Services and providing TIA with your payment information, you hereby agree to these payment terms. To purchase any services or products offered by TIA through the Services, you must have Internet access and a current valid accepted payment method as indicated during sign-up process (“Payment Method”). You agree to TIA, or its third-party payment provider, storing and accessing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the TIA Services as they become due, whether on a one-time, installment, or subscription basis. Fees may vary based on your location, the type of Payment Method used, where your Payment Method was issued, or other contractual arrangements. Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. TIA does not support all payment methods, currencies or locations for payment and may vary such offerings from time to time. Additionally, you understand and agree that not all promotions and pricing are available to all Students, and that specific additional terms and conditions may apply to certain promotional programs, pricing, or geographic locations. You agree to use your own valid Payment Method and not impersonate or otherwise use a Payment Method to avoid regulatory restrictions.

CANCELLATION & REFUND POLICY

The Influencer Academy comes with a 7-day refund policy.
Refund period starts immediately after purchasing any product on the site.

​To be eligible for a refund, you must have accessed less than 15% of the course content course content defined as video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

Whether or not you clicked the “next section” button or watched the videos makes no difference.

Once you access 15% of the course content or more, you are no longer eligible for a refund.

​To request a refund please email [email protected] with “Refund Request” as the subject line and why you want to refund.

We will NOT provide refunds more than 7 days following the date of purchase. After day 7, all payments are non-refundable and you are responsible for full payment of the fees for the program.

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

Once a refund is issued, you will automatically be removed from the course and will be unable to continue watching course content.

If you receive a refund of any purchase, all licenses granted you to use the material provided to you shall immediately terminate. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.

Due to the digital nature of our course, we do not offer refunds for those who do not do their due diligence to ensure the course is the right fit for them. It is your responsibility to review our sales page and terms and conditions carefully prior to purchase, use or access to any of our products and online courses. We have taken every measure to clearly communicate through all marketing channels, communication platforms, sales pages, and webinars to educate the public on who our programs and online courses would and would not benefit.

All refunds are discretionary.  To further clarify, we will not provide refunds after the 7th day from your date of purchase and all payments must be made on a timely basis.

If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: [email protected]

Price Changes. We reserve the right to modify, terminate, or otherwise amend the fees and features associated with our courses.

Taxes. When you purchase any Online Course or other Service or product from TIA, you agree to pay not only the applicable fee, but also all applicable sales, use, value added, transaction taxes, or other government-required fees and charges that TIA determines it is required to collect (“Taxes”). Please note that TIA will calculate the “estimated Taxes” at checkout and that, upon confirmation, you may be responsible for a different total. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You hereby authorize TIA to modify and charge any Taxes owed by you upon confirming the tax rate. Please also note that where VAT collection is required, if any, VAT will be calculated and added at checkout. You hereby agree to indemnify and hold TIA harmless against any and all claims by any tax authority for any underpayment of any Taxes, including, without limitation, VAT, and any related penalties and/or interest.

Credit Card Billing. Credit card payments are processed by our third-party payment processor(s), including as Stripe and/or PayPal. By agreeing to this Terms of Use, you agree to be bound by Stripe’s Terms of Service or PayPal’s Terms of Service as applicable. Any breach of those terms will be treated as a breach of these Terms. If any fee is not paid in a timely manner, or our processors are unable to process your transaction using the credit card information provided, we reserve the right to terminate your account or suspend or terminate your access to the Online Course as we deem appropriate. If your payment details change, your card provider may provide us with updated card details and you agree to our collection of such details. We may use these new details in order to help prevent any interruption to the Services. If you would like to use a different payment method or if there is a change in payment method, please visit your account settings to update your billing information.

SERVICES AVAILABILITY AND LIMITATIONS

You acknowledge and agree that TIA’s Services, including paid services and products, are not available at all times, and that certain usage limits may apply. You also understand that TIA, at its sole discretion, may limit, suspend, or terminate your use of any of the Services, including, without limitation those related to the Online Courses,  records of Online Course completion, or other TIA Services. You also understand that TIA may modify or discontinue any or all of the Services related to its Online Courses at its sole discretion.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES AND ALL CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE SERVICES AND ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES, ONLINE COURSES, AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SERVICES, WEBSITES, , CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITES OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SERVICES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF SERVICES.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL TIA BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS TERMS OF USE (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS OR USER’S RELIANCE ON OR USE OF ANYTHING LEARNED IN ANY ONLINE COURSE IN ANY MANNER) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. TIA’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS TERMS OF USE WILL NOT EXCEED THE GREATER OF TWENTY U.S. DOLLARS ($20) OR THE AMOUNT OF FEES RECEIVED BY TIA FROM THE COMPLAINING USER FOR THE USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, A USER’S USE OF CODE OR SKILLS LEARNED DURING ON AN ONLINE COURSE WHICH USER UTILIZES IN ANY MANNER); THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT TIA WOULD NOT ENTER INTO THIS TERM OF USE OR MAKE THE SERVICES AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.

SOME OF THE ABOVE LIMITATIONS MAY NOT TO APPLY TO YOU AS NOT ALL JURISDICTIONS ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

LINKING TO THIRD-PARTY SITES AND CONTENT

The Websites and/or Online Courses may contain links to pages or content on third-party websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. TIA does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Websites or Online Courses at any time for any reason or for no reason. TIA WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES. We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.

INDEMNITY

You agree to indemnify, defend and hold harmless TIA, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Services in violation of this Terms of Use, (b) your use or attempted use of any code, program, data, information or any other Content provided through the Services in a manner inconsistent with this Terms of Use, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on or through the Services, including without limitation any claim of infringement of intellectual property or other proprietary rights.

TERMINATION OF RIGHTS

You agree that TIA, in its sole discretion, may deactivate your User Account or otherwise terminate your use of the Services, or any part thereof, for any reason or no reason, including, without limitation, if TIA believes that you have (a) breached this Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted Unauthorized Content to the Services; or (d) violated or acted inconsistently with the letter or spirit of this Terms of Use or any applicable code of conduct, including, without limitation the Honor Code or Code of Community Conduct. You agree that any deactivation or termination of your access to the Services may be affected without prior notice to you and that TIA shall not be liable to you nor any third-party for any termination of your User Account or access to the Online Courses or Services. You also acknowledge that TIA may retain and store your information on TIA’s systems notwithstanding any termination of your account or the Online Courses as set forth in our Privacy Policy.

COPYRIGHT INFRINGEMENT CLAIMS & DISPUTE PROCEDURE

TIA respects the rights and intellectual property of others, and we ask our Users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to [email protected].

  • a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
  • a description of where and/or specific link to the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses;
  • 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 owner of the product, work, copyright or intellectual property, or its agent, or applicable 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 product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf; and
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest.

ARBITRATION PROVISION

Legal Disputes and Arbitration Agreement Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

Initial Dispute Resolution. We are available by email at [email protected]    to address any concerns you may have regarding these Terms or your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the Section above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Use (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in New Brunswick, Canada. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Terms of Use shall be subject to the Federal Arbitration Act.

The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures or by calling 1-800-352-5267. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.

Class Action and Class Arbitration Waiver. You and TIA each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and TIA each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in this Section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Exception – California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.

Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section do not apply, the parties agree that any litigation between them shall be filed exclusively in provincial or federal courts located in New Brunswick, Canada. The parties expressly consent to exclusive jurisdiction in New Brunswick, Canada for any litigation. In the event of litigation relating to these Terms, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

TRADE REGULATIONS

Accessing the Services from territories where the Services, or any content or functionality of the Services, or portions thereof, including, but not limited to, functionality discussed in the Privacy Policy, is illegal is expressly prohibited. If you choose to access, purchase, or use the Services, in any manner, you: (i) acknowledge and agree that you do so at your own initiative and at your own risk; and (ii) represent and warrant that you are doing so in compliance with all applicable laws, regulations and orders, including, without limitation, the laws of Canada, the United States, and the member states of the European Union and the European Free Trade Association, pertaining to the export, re-export, transfer or resale of products or the provision of services.

MISCELLANEOUS PROVISIONS

TIA may freely transfer or assign any portion of its rights or delegate its obligations under this Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under this Terms of Use without the prior written consent of TIA. TIA makes no representations that the Services operate (or are legally permitted to operate) in all geographic areas, or that the Services, or information, services or products offered through the Services are appropriate or available for use in other locations. If any provision of this Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. TIA shall have no liability under this Terms of Use to the extent arising from any failure of TIA to perform any of its obligations under this Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event not within TIA’s reasonable control. TIA shall not be responsible for damage or other problems caused by any unauthorized change to this Terms of Use made by way of hacking or cracking this page.

Any delay or failure on the part of TIA to enforce any rights under this Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. The section titles herein are displayed for convenience only and have no legal effect. This Terms of Use constitutes the entire agreement between you and TIA relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Services by TIA or through a specific writing between you and TIA. Any notice which may be required to be given to us under this Terms of Use may be sent to us by emailing [email protected].

Honor Code

By enrolling in a TIA program or Online Course, or otherwise accessing the TIA platform or interacting with any of the TIA Services, you agree to abide by the following TIA Honor Code, which we created to ensure the best learning experience for you and for all other TIA Students (as defined in our Terms of Use). Students found to be acting in violation of the terms set forth may be asked to leave their program without a refund. By using TIA, you also agree to our Terms of Use, including the User Conduct Policy, and, if you participate in any of our communities, the Community Code of Conduct. Please conduct yourself responsibly and employ common-sense when participating in any TIA community or program. You further understand and agree that all decisions regarding participation, graduation, and awarding of verified certificates will be made by TIA in its sole discretion.

You agree that you:

  • will not harass other Students, Attendees, Visitors, or TIA Employees;
  • will not cheat on any assignment, projects, or assessments, as applicable, for the Online Courses. For example, giving or receiving unpermitted aid on, or copying or sharing of, another User’s (as defined in the Terms of Use) projects or other class work (or any portion thereof);
  • will not plagiarize (a form of cheating) the work of others. For example, using another person’s original work (e.g., code, language, formulas, etc.) in your assignments, projects, or assessments.
  • will not post online any secured testing materials, as applicable;
  • will comply with the requirements of the specific applicable code of conduct, if any, relating directly to a program in which such you are enrolled; and
  • will notify the instructors immediately if you become aware of any other User cheating or breaching this Honor Code or the Terms of Use.

Failure to adhere to this Honor Code impairs the integrity of our learning environment and harms the value of our programs for our Students. If we determine that you have violated this Honor Code, we reserve the right to take any action we deem appropriate, including, but not limited to, rejecting your submissions or removing you from our programs with no refund.

Community Code of Conduct

By engaging with TIA’s student or alumni community, whether as a student, mentor, reviewer, or otherwise, you are contributing to a culture of collaboration, mutual support, and lifelong learning. TIA’s Community Code of Conduct is enforced to foster a productive learning environment for you and your fellow students and alumni.

Community Code of Conduct

By participating in TIA community services, you agree to:

  • Cultivate a positive, supportive learning environment;
  • Communicate respectfully and considerately with all students, alumni and TIA staff;
  • Not share content that is obscene, illicit, threatening, or discriminatory;
  • Contribute constructively to discussions with fellow community members; and
  • Notify TIA immediately if you become aware of Honor Code or community violations at [email protected]

The following behaviors are examples of the types of conduct that will not be tolerated in any TIA community:

  • Harassment:Inappropriate, harassing, abusive, discriminatory, derogatory or violent comments or conduct.
  • Discrimination:Offensive comments related to gender or gender identity, sexual orientation, race, ethnicity, religion, national origin, disability or disease.
  • Distributing inappropriate images:Use of sexual, violent, graphic, or derogatory images.
  • Bullying:Deliberate intimidation, threats of violence, violent language, or other language (e.g., comments on physical appearance), designed to intimidate, degrade, or shame another person.
  • Sexual harassment:Unwelcome sexual attention.
  • Cheating and plagiarism:Cheating and plagiarism. Please see the Honor Code for more information.

Self-injury or Suicide: Postings in any of our communities that encourage self-injury or suicide. If you or someone you know is exhibiting signs of self-injury or suicide, please find help at the Suicide Prevention Lifeline in the U.S. and Befrienders.org globally.

  • Other harmful conduct:Obscene, fraudulent, indecent, or libelous acts that defame, abuse, harass, discriminate against or threaten others.
  • Violations of our Terms of Use and Honor Code.

Violations

TIA may take any action regarding your access to and/or use of the community, programs, or site as it deems appropriate in connection with a violation of this Community Code of Conduct, including, but not limited to, removal of your posts or other content, removing you from our programs with no refund, or removing you from any or all of our Services.

Reporting Violations

All reports of violations should be submitted to [email protected]y.com and will be reviewed to determine the appropriate course of action in a timely manner.

Privacy Policy

At TIA (“TIA”, “we”, “us”, “our”) we respect your privacy rights. We have created this privacy policy (“Privacy Policy”) to explain how we treat the information collected and received from your use of our Services (as defined in our Terms of Use or “TOU”) provided through the website, https://theinfluenceracademy.com/  and any other websites or applications we own, operate, or control (the “Website(s)”). This Privacy Policy applies only to the Services, and we are not responsible for the practices of persons, companies, institutions or websites that TIA does not control, manage, or employ. Capitalized terms not defined herein have the meanings set forth in the TOU.

Please read this Privacy Policy as well as our TOU carefully, as they govern your use of TIA. If you do not agree to this Privacy Policy, please do not use our Services.

TIA, Inc. is the data controller of your information. Please see the “Contact Information” section below for additional details. Please note that if you obtain access through Sponsored Services or our Employee and Enterprise Sponsored Access Services, the third-party sponsoring your participation in the Online Courses may provide us information subject to our agreement with them and therefore the third-party sponsor may be the controller with respect to such data.

Important Information About Using Our Services

Please understand that by submitting any information to us, you acknowledge that we may collect, use, disclose and retain such information in accordance with this Privacy Policy and our TOU, and as permitted or required by law. If you do not agree with these terms, then please do not provide any information to us. TIA may offer social sharing features as part of its Services which, among other features, allows you to make your careers Profile (as described below in Profiles and Career Services Section) public as well as sharing your details and information, including your Online Course progress with others outside of the TIA Website(s) (“Social Sharing”). By electing to participate in any of our Social Sharing Services, you acknowledge that any information or materials you include in your Profile can be viewed by other persons accessing the Website(s), including potential or existing employers, as well as by others on applicable third-party websites. You also acknowledge that information you share through Social Services may remain accessible on third party websites and/or to those you have shared the information with in the event you make your Profile private after having made it public and/or ceasing to share your information and that TIA has no control over the access of or use of information provided to third parties via Social Sharing outside its Website(s).

What Information We Collect

Information You Provide Us

We collect a variety of information that you provide directly to us. In general, we collect information from you through:

  • Using any of our Services, including registering for a User Account through the Website(s)
  • Making a purchase from us, including registering and enrolling in any Online Course
  • Signing up for email updates
  • Uploading or posting to public forums included through the Services
  • Submitting requests or questions to us via forms or email
  • Requesting customer support and technical assistance

The types of data we collect directly from you include:

  • Name, address, telephone number and email address
  • Log-in credentials, if you register a User Account with us
  • Information about purchases or other transactions with us, such as your shipping address. Please note, however, that we do not collect, store, or transmit financial account information. Instead, we use a third-party payment processor to process our payments
  • Information about your customer service and maintenance interactions with us
  • Demographic information, such as your gender, socio-economic status, and other personal information
  • Information you provide to us in connection with any application or admissions process, including, for example, educational and work experience, prerequisite knowledge, any pre-assessment you complete, your goals, and other information
  • Information you provide in connection with career services, for example, salary information, job placement information, career goals, work experience, and other information
  • User-generated content you upload or post to public forums through the Services. Information needed in order to comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others
  • Information from third parties about you in connection with any referral programs we may offer
  • Any other information you choose to directly provide to us in connection with your use of the Services

Participation in Online Courses. If you desire to participate in an Online Course, you will be asked to provide us with certain information necessary to conduct such an Online Course. This information may include, among other things, your name and email address. TIA, or its third-party service providers, may also collect certain information from you in conjunction with assignments, exams and other assessments related to the Online Course. For example, as part of a proctored exam for an Online Course, TIA (or its third party service providers) may collect certain information from you in order to (a) verify or authenticate your identity or submissions made by you, such as a signature for a test or assignment log, a photograph or recording of you (e.g., using a webcam) or information included on a government issued or other photo identification card or document, or (b) monitor your performance during an exam to confirm that you are abiding by the applicable test rules or requirements (e.g., confirming that you are not using prohibited resources). TIA may also collect information from you or about your performance or accomplishments related to the course, such as quiz/exam scores, grades, project evaluations, teacher evaluations and other evaluations of your performance or accomplishments.

Information We Collect Through Automated Means

Analytics Information

When you use our Services, we and our service providers (which are third party companies that work on our behalf) may use cookies, and similar technologies to track, collect and aggregate certain information including, among other things, which pages of our Website(s) were visited, the order in which they were visited, when they were visited, the URLs from which you linked to our Website(s), and which hyperlinks were “clicked.” Collecting such information may involve logging the IP address, operating system and browser software used by each user of the Website. Through such information, we may be able to determine from an IP address a user’s Internet Service Provider and the general geographic location (city/state) of his or her point of connectivity.

We also use or may use these technologies to help us determine and identify repeat visitors, the type of content and sites to which a user of our Website(s) links, the length of time each user spends at any particular area of our Website(s), and the specific functionalities that users choose to use.

We use third-party web analytics services (such as those of Google Analytics) on our Website(s) to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. We also provide a limited amount of your information (such as your email address and sign-up date) to Intercom, Inc. (“Intercom”) so that Intercom can analyze Website usage on our behalf, which allows us to improve our Services. We may also use third-party services, (including Intercom), as a medium for communications, either through email, or through messages within our Service(s). The use of these any such medium may be subject to the terms and conditions and privacy policy for those service providers and you should carefully review those terms and conditions. For example, Intercom’s services are governed by terms of use which can be found at http://docs.intercom.io/terms and privacy policy http://docs.intercom.io/privacy. If you would like to opt out of having this information collected by or submitted to Intercom or have questions about other third-party service provider’s collection of your information for this purpose, please contact us.

Online Advertising

We may allow third party companies, including advertising companies (such as Facebook, Google, Twitter, Quora and Bing), to place cookies on our website. These cookies enable such companies to track your activity across various sites where they display ads and record your activities so they can show ads that they consider relevant to you as you browse the Internet. These Cookies store information about the content you are browsing together with an identifier linked to your device or IP address.

These Cookies also allow us and third parties to know whether you’ve seen an ad or a type of ad, and how long it has been since you’ve last seen it. This information is used for frequency capping purposes, to help tailor the ads you see, and to measure the effectiveness of ads. For more information about online advertising and how you can control or disable these cookies, please see our Cookies Policy.

Information We Collect from Social Media and Other Content Platforms

If you log-in to, or connect to, a third-party network (e.g., through a social network), or log-in to our Services, through a social network site (e.g., Facebook), you may allow us to have access to and store certain information from your social network profile. This includes your name, gender, profile picture, depending on your settings on such services. If you do not wish to have this information shared, do not use a social networking connection to access the Services. For a description of how social networking sites handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings.

Referral Programs

We may offer certain Users the opportunity to refer (Referrers) their friends (“Referees”) to the Site through a third-party referral program whereby both Referrers and Referees may obtain credits or other rewards through such referrals. To the extent we offer such programs, the Referrers may share information about the Referees, including email addresses for the purpose of sharing the referral offer. We may also share the Referrer’s email and name with the Referee as well as provide the Referer the confirmation of the Referee’s acceptance of the referral which may include Referee’s email in connection with providing any such referral program.

How We Use The Information We Collect

We use your information for various purposes depending on the types of information we have collected from and about you and the specific services you use, in order to:

  • Send you information in connection with the Services
  • Respond to your communications and requests
  • Manage and process Online Courses, including but not limited to tracking attendance, progress and completion; administering exams, projects, and other assessments; verifying a User’s identity as part of a proctored exam or exit interview for an Online Course; and monitoring performance during an exam to confirm that you are abiding by the applicable testing rules or requirements
  • Provide Services to you, such as services that you request in conjunction with the Online Courses
  • Contact you by email, postal mail, or phone (including via SMS messages) regarding TIA and third-party products, services, surveys, research studies, promotions, special events and other subjects that we think may be of interest to you
  • Customize the content we provide through the Services
  • Help us better understand your interests and needs, and improve the Services
  • Engage in analysis, research, and reports regarding use of the Services
  • Secure the Services
  • Comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others
  • Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others

Combined Information. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.

Aggregate/Anonymous Data We may aggregate and/or anonymize any information collected through the Website so that such information can no longer be linked to you or your device (“Aggregate/Anonymous Information”). We may use Aggregate/Anonymous Information for any purpose, including without limitation for research and marketing purposes, statistical analyses of Website(s) usage, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.

How We Share and Disclose Your Information

TIA will share your information in the following ways:

  • Service Providers. We provide access to or share your information with operations and maintenance contractors and other third parties who perform services on our behalf. They have access to perform these services but are prohibited from using your information for other purposes. They provide a variety of services to us, including billing, sales, marketing, test proctoring, product content and features, advertising, analytics, research, customer service, data storage, security, fraud prevention, payment processing, and legal services.
  • Employers. We may share the information that we collect from you when you participate in an Online Course if the course is sponsored or paid for by your employer. For example, we may share with your employer pre-assessment results, the Online Courses you are interested in, your progress in the course, including project status, time spent actively involved in or with an Online Course or interacting with your Mentor, and/or evaluations and performance assessments. If you make your Profile public on the Website, and your employer has access to the Website, then your employer will have the ability to view your Profile information and materials. This information may be shared at any time during the course or afterwards.
  • Educational Institutions and Scholarship Partners. If you are taking a course sponsored or associated with a particular Educational Partner (e.g., such as a university or scholarship/sponsored partner), we may share information about you and your performance with the university or scholarship partner, including to report on your progress in the course. Information shared with our Educational Partners will be subject to the privacy policies and procedures of such partners.
  • Business Partners. With your consent, TIA may share information that can be used to directly contact you with third party business partners, such as companies that may be offering products or services or other opportunities that may be of interest to you.
  • Protection of TIA and Others. By using the Website, you acknowledge and agree that we may access, retain and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process (e.g. a subpoena or court order) or law; (b) enforce our Terms of Use, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of TIA, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, compliance with applicable law, and spam/malware prevention, and similar purposes.
  • Profiles and Career Services. If you make your Profile public, your information will be publicly accessible and further share with our network of hiring partners, including, without limitation, performance in online courses, demographic information (such gender), details of your Profile and other information related to your work experience and goals.
  • Related Entities and Affiliates. We may share information with our affiliated companies that are under the common ownership or control of TIA, Inc.
  • Business Transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions, (including in contemplation of such transactions) user information may be among the transferred assets. If a portion or all of TIA’s assets are sold or transferred to a third-party, customer information (including your email address) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, TIA will comply with such restrictions.
  • Aggregate/Anonymous Information. From time to time, TIA may share Aggregate/Anonymous Information about use of the Services, such as, but not limited to, publishing a report on usage trends or survey results, as well graduation rates, careers studies and success rates, and other demographic information provided to us by our Students. The sharing of such data is unrestricted.

Data Subject Rights and Your Choices

You may have certain rights with respect to your information as further described in this section.

Your Legal Rights

If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the “TIA Contact Information” section below at any time. Your local laws, such as in the European Union, may permit you to request that we:

  • provide access to and/or a copy of certain information we hold about you
  • prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling)
  • update information which is out of date or incorrect
  • delete certain information which we are holding about you
  • restrict the way that we process and disclose certain of your information
  • transfer your information to a third-party provider of services
  • revoke your consent for the processing of your information

We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation.

To the extent that you make such a request, we require certain information to help verify your request and prevent fraudulent information and removal requests. Specifically, we ask that you provide the following pieces of information:

  1. Username and email address associated with your TIA User Account;
  2. Online Courses currently or previously enrolled in;
  3. Approximate date of User Account registration;
  4. Information you want to view and/or request removed;
  5. Country of residence; and
  6. A statement under penalty of perjury that all information in your request is truthful and that this is your User Account or that you have the authorization to make the request on behalf of the owner of the User Account.

Depending on the circumstances and the information you request, we may require additional methods of verification in our discretion.

Communications & Notification Preferences and Opting Out

We provide our Users with the opportunity to update their information or to opt out of having their contact information used for purposes not directly related to payment or servicing of your account.

If you are a Student and wish to opt out of any of the communications offered by TIA, you may do so at any time. You may opt out as follows:

 

Please identify the communication methods (e.g., phone, email, or SMS text message) by which you desire to stop receiving messages.

You may unsubscribe from our commercial or marketing email communications at any time by following the unsubscribe instructions located at the bottom of such emails. If you have opted in to receive marketing text message communications from TIA, you can opt out of those messages by following the instructions in those messages or by contacting us at the information provided above.

Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.

Retention of Your Information

We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

Third Party Links and Features

The Services contain links to third-party websites such as social media sites, and also contain third-party integrations (such as the Facebook “like” button or Slack/Github integration) and functionalities. If you choose to use these sites or features, you may disclose your information not just to those third-parties, but also to their users and the public more generally depending on how their services function. TIA is not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third-parties.

Children’s Privacy

TIA is intended for general audiences and not for children under the age of 13. If we become aware that we have inadvertently collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without legally-valid parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.

International Users

TIA stores information about visitors to our Website and users on servers located in  Canada. By using our services, you consent to the storage of your information in this location. If you are using the services from outside the location noted, please know the information you submit will be transferred to and stored in servers in Canada or other countries. The data protection and other laws of Canada and/or other countries might not be as comprehensive as those in your country. By submitting your data and/or using our services, you acknowledge the transfer, storing, and processing of your information in and to Canada.

As described above, TIA also may subcontract the processing of your data to, or otherwise share your data with, service providers and others in countries other than your country of residence, including the United States, in accordance with applicable law. Such third parties may be engaged in, among other things, the provision of services to you, the processing of transactions and/or the provision of support services. By providing us with your information, you acknowledge any such transfer, storage or use.

If we provide any information about you to any such non-European Union entities, we will take appropriate measures to ensure such companies protect your information adequately in accordance with this Privacy Policy. These measures include signing Standard Contractual Clauses in accordance with European Union and other data protection laws to govern the transfers of such data. For more information about these transfer mechanisms, please contact us as detailed in the “TIA Contact Information” section below.

If applicable, you may make a complaint to the data protection supervisory authority in the country where you are based. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.

How We Protect Your Information

We consider the confidentiality and security of your information to be of the utmost importance. TIA takes a variety of technical, administrative, and physical measures to protect your information from disclosure to or access by third parties. Please note that we do not guarantee the security of information, as no method of internet transmission or storage is completely secure. Also note that we may retain and store your information in our databases and systems even after your TIA account is deactivated as long as we have a legitimate purpose to do so and in accordance with applicable law.

California Privacy Rights

California residents have the right to receive, once a year from TIA: (a) information identifying any third-party company(ies) to whom we may have disclosed (within the previous calendar year) “personal information” (as defined by California law) for that company’s direct marketing purposes; and (b) a description of the categories of personal information disclosed. If you are a California resident and wish to obtain such information, submit a request at [email protected]; when you request the information, use the phrase “California Shine the Light Request” to help us appropriately identify your question, and include your mailing address, state of residence and email address so we can provide a response.

Changes To Our Privacy Policy

Please note that we review our privacy practices from time to time, and that these practices are subject to change. Any change, update, or modification will be effective immediately upon posting on our Website(s). You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” included at the beginning of the document. If we make a material change to the Policy, you will be provided with appropriate notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy. Be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Policy.

TIA Contact Information

If you have any questions, comments or complaints about this Privacy Policy, please contact us:

Email: [email protected]

 

TIA Unsolicited Idea & Feedback Submission Policy

TIA does not accept, review or consider any unsolicited ideas, proposals, materials, suggestions, bug reports, artwork, content or the like, including for products, coursework, services, promotions, technologies, product improvements, processes, marketing strategies, product names, content or creative materials (all of the foregoing “submissions”). Please do not send or provide any submissions in any form to TIA or any of its employees or contractors. The purpose of this policy is to avoid potential misunderstandings or disputes when TIA’s products, services, technologies, advertising, promotions, marketing campaigns or content might seem similar to submissions provided to TIA.  If, despite our request that you not send us your submissions, you still submit them, then regardless of what your correspondence says, the following terms will apply to your submissions.

Idea Submission Terms

You agree that: (1) your submissions and their contents along with related intellectual property rights will automatically become the property of TIA, without any payment or any other form of compensation to you; (2) TIA may use or redistribute the submissions and their contents for any purpose and in any way on an unrestricted basis; (3) there is no obligation for TIA to review the submissions; and (4) there is no obligation to keep any submissions confidential.

Feedback Terms

TIA does, however, welcome your feedback regarding many areas of TIA’s existing business. If you want to send us feedback, we request that you submit it to [email protected]. Please provide only specific feedback on TIA’s existing products, services, and promotion/marketing strategies to this email address; do not send or provide any other submissions.

Feedback and Information

Any feedback you provide to TIA will be deemed to be non-confidential and not proprietary. TIA will be free to use and redistribute such information on an unrestricted basis, without any compensation to you.

 

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