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The services and content that Ziplines, Inc. (referred to as “Ziplines Education,” “us,” “we,” or “our”) provides to you through Ziplines Education’s website www.ziplines.com and applications, and all related products, programs, mobile services, curriculum, courses, or learning assessment and interactive tools that we offer (collectively, “Services”) are subject to the terms of this End User Agreement (“Agreement”), any rules or licenses posted in connection with specific program or course offerings, and our Privacy Policy, available here (collectively, “Terms”). In the event a conflict exists between the terms of a specific license or rule related to a program or course offering and this Agreement, the terms of this Agreement shall control. By accessing our Services in any manner from any device or by clicking “Submit” on a registration, “enrollment” page, or a single-sign-on page (or similar mechanism), you are entering into a legally binding agreement with Ziplines Education regarding the use of our Services that binds you and any entity that you represent. By accessing the Services, you represent and warrant that you have the right, authority, and capacity to enter into these terms (on behalf of yourself or the entity that you represent). YOU MAY NOT USE THE SERVICES OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST THIRTEEN (13) YEARS OLD. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. ALL USE OF OUR SERVICES IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT USE, APPLY FOR, REGISTER FOR, OR ACCEPT ADMITTANCE INTO OUR SERVICES, AND YOU ARE NOT PERMITTED TO USE, APPLY FOR, REGISTER FOR, OR ACCEPT ADMITTANCE INTO OUR SERVICES. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Changes to the Terms
We reserve the right to change these Terms at any time, in our sole discretion, and encourage you to review these Terms from time to time. If we change these Terms, we post an updated version with a new effective date. If we make changes in a material way, we post a prominent notice within our Services and may send you a notice by email or text if you have provided us with your contact information. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email or text notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Services. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. By continuing to access or use our Services after the updated Terms are posted, you agree to abide by the updated Terms. In the event that you do not consent and agree to the updated Terms, you must discontinue using our Services.
Communications
By providing us with your email address, you consent to receive electronic communications and notices from us related to our Services. If you do not wish to receive commercial electronic communications from us, you may unsubscribe by emailing our team at support@ziplines.com. If you enrolled in any of our courses or programs or are otherwise a registered user, we may still use your email address to provide you information about your enrollment, your registration, payment information, receipts, responses to communications from you, and other information necessary for you to use our Services. By providing us with your mobile telephone number, you consent to receive SMS or text messages to that number. You also consent to the receipt of auto-dialed and prerecorded messages and communications. Such messages may be used to provide you with access to or use of our Services, to notify and collect on any past due amount, to provide information about our Services, and to enforce these Terms. All standard phone charges shall apply. To permanently stop receiving SMS text messages from Ziplines Education (if you are located in the U.S. or Canada) text STOP, CANCEL, or UNSUBSCRIBE to [insert number] or in reply to any SMS text message sent by Ziplines Education.
Authorized Users
Access or use by anyone under the age of thirteen (13) is strictly prohibited. Use of our Services is for our registered users or enrolled students and for visitors to our website who want to learn more about Ziplines Education and our Services. Any commercial use is prohibited without Ziplines Education’s prior written consent. Keep in mind that federal, state, and local rules and regulations governing advertising apply to online and other web-based advertising, too. You are solely responsible for your compliance with applicable law.
Limitations on Use
While using the Services, you may not perform actions that could interfere with or otherwise adversely affect the proper functioning of the Services. Without limiting the generality of the foregoing, you may not: (a) use any robot, spider, scraper, or other automated means to access our Services for any purpose without Ziplines Education’s prior express written permission; (b) take any action that interferes with or disrupts any Ziplines Education’s Service or may impose, in Ziplines Education’s sole discretion, an undue or disproportionate burden on Ziplines Education’s infrastructure; (c) bypass any measures Ziplines Education may use to prevent or restrict access to the Services including, without limitation, through password mining; (d) use the Services to send altered, deceptive, or falsely-sourced information, including, without limitation, by forging TCP-IP packet headers or email headers; (e) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (f) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (g) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent.
Ziplines Education has the right, in its sole discretion, to change, modify, adapt, or discontinue any page, feature, content, or other component or element of any Product or Ziplines Education Content (as defined below) at any time and for any reason, with or without prior notice to you. All topics, grading or point systems, completion, matriculation, and all other evaluations and assessments are at Ziplines Education’s sole discretion. Ziplines Education reserves the right to restrict your access to some or all of the Services at any time for any reason or for no reason, with or without prior notice to you. You agree that these Terms will apply to any upgrades, changes, or modifications to our Services or the Ziplines Education Content.
Any unauthorized or prohibited use of the Services or Ziplines Education Content may subject you to civil liability and criminal prosecution under applicable state and federal law.
User-Generated Content
Our Services may provide the functional ability to post, submit, upload, embed, display, communicate, broadcast, or otherwise distribute content, including but not limited to text, documents, assignments, assessments, data, images, photographs, video clips, graphics, external links, location data, or other materials (collectively, “User Content”). You hereby grant Ziplines Education a non-exclusive, irrevocable, worldwide, perpetual, royalty-free, fully paid, sublicensable and transferrable right and license to use, reproduce, transmit, broadcast, display, exhibit, distribute, index, comment on, modify, create derivative works, perform, or otherwise exploit User Content, in whole or in part, in any format or manner and for any purpose, whether now known or hereafter devised or invented without further notice to you, with or without attribution.
You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. We reserve the right to remove or modify User Content for any reason. IF YOU DO NOT WANT TO PROVIDE ZIPLINES EDUCATION WITH SUCH RIGHTS, DO NOT SUBMIT USER CONTENT. Granting these rights to your User Content also grants some of these rights to other users.
By submitting User Content, posting, or otherwise providing or submitting content within the Services, by any means whatsoever, you represent and warrant that: (a) you own or otherwise have all of the necessary rights to the User Content, and the rights to use it as provided in these Terms; (b) all information you provide is true, accurate, complete, and does not violate these Terms; and (c) the User Content will not cause injury or damage to any person or entity. You shall be solely liable and responsible for any and all damages resulting from any infringement of patent, copyright, trademark, or other proprietary right or other harm resulting from your User Content.
We will use commercially reasonable efforts to make your User Content unavailable or inaccessible on your written request. However, you acknowledge that User Content may not be made unavailable immediately, even if removed, and User Content may still exist on our server or through other user accounts or on the internet, generally.
We are not obligated to back up any User Content. You are responsible for creating and maintaining your own backup copies of your User Content if you desire.
Rules of Conduct
You agree that you will not post, submit, or otherwise distribute User Content that:- contains a virus or other harmful component, or that tampers with, impairs, or damages the Services or any related network, or otherwise interferes with any other user’s enjoyment or use of the Services;
- contains someone else’s personal information without permission or authority;
- contains encrypted content or encoded messages;
- impersonates or misrepresents your connection to another entity, person, or user, or otherwise manipulates headers or identifiers to disguise the origin of the content;
- interferes with, or otherwise harms or violates the security of the Services or any system, resource, account, password, servers, or network connected to or accessible through the Services or affiliated or linked sites;
- infringes any of Ziplines Education’s rights or those of a third party including, without limitation: copyright, trademark, patent, trade secret, moral rights or other proprietary rights or contractual rights, right of publicity or privacy, or confidentiality obligation;
- promotes any activity that may be illegal at the local, state or federal level or that is content that is itself illegal in any way;
- is untrue, inaccurate, deliberately misleading, or trade libelous;
- includes offensive language, hate speech, or defamatory, abusive, threatening, or harassing speech, racial, religious, or personal attacks or any kind, or is sexually explicit;
- constitutes stalking, bullying, or harassment;
- does not disclose that you are a commercial user;- send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise
- contains link(s) to other site that contain content that falls into the categories above.
If you are a registered or enrolled user, you agree that you will not cheat, help another cheat, manipulate the program or course in any way, share assignment or examination solutions, or breach these Terms or the applicable course rules. You understand and agree that Ziplines Education may, in compliance with any applicable enrollment agreement, terminate your enrollment for breach of these Terms. We reserve the right (but have no obligation) to review any User Content and to investigate and/or take appropriate action against you in our sole discretion (including terminating your Account and/or reporting you to law enforcement authorities) if you violate these Terms.
We cannot (and do not) promise that other users are complying or will comply with these Rules of Conduct or any other provisions in these Terms. As between you and Ziplines Education, you hereby assume all risk of injury or harm of any nature whatsoever resulting from any such lack of compliance or use of our Services.
Although Ziplines Education is under no obligation to monitor, refuse, or remove any User Content from our Services, Ziplines Education reserves the right to do so at Ziplines Education’s sole discretion. Without limiting the foregoing, Ziplines Education and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable, in Ziplines Education’s sole discretion.
User Accounts
Our Services may require you to register for a user account before you can access them. All programs and courses are restricted to enrolled users with a user account. You agree that by registering for an account or enrolling in a course or program, you will abide by the Terms and will not use any means to deceive Ziplines Education or any entity offering our Services. Your user account is personal to you, and you may not sublicense, transfer, sell, or assign your account to any other person. To open an account, you must complete the application process by providing Ziplines Education with current, complete, and accurate information as prompted by the applicable application or enrollment form. You must not impersonate any person or misrepresent your identity or affiliation with any person or entity, including any other person’s name, likeness, username, or other account information, and you may only open one account for your own use. You are responsible for updating your information as necessary to remain complete and accurate.
If you open a user account, you also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password, username, and other account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. If you become aware of any unauthorized use of your account or any other breach of security, you agree to notify us immediately. Ziplines Education will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. If Ziplines Education or a third party incurs losses due to someone else using your account or password, you could be held liable for those losses.
Subject to applicable law, we may suspend or terminate your account and your ability to use any portion of our Services for failure to comply with these Terms or for any other reason whatsoever.
Payment Terms and Refund Policy
For courses 10 weeks or longer in duration, students will have one week or seven days after the posted course start date to drop a course and receive a full refund of the amount collected to enroll in the course. This is referred to as the “course drop period.”
For courses less than 10 weeks, the drop date is one day prior to the posted course start date.
If a student wishes to withdraw from a course after the “drop period,” a “withdrawal” status will be given, and no refund will be given. Students may withdraw by contacting Ziplines Education at admissions@ziplines.com or by notifying us at learnersuccess@ziplines.com.
Third Parties
While using our Services, you may be introduced to, or be able to access, information, websites, advertisements, surveys, features, contests or sweepstakes offered by third parties (“Third-Party Links & Ads”). For example, our Services may contain a link to a third-party website. These Third-Party Links & Ads are not under the control of Ziplines Education and we are not responsible for them. Such Third-Party Links & Ads are provided solely as a convenience to you and do not imply our endorsement of, or any affiliation with, the owner of the linked website. Further, Ziplines Education does not review, approve, monitor, warrant, or make any representation with regard to the Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data-gathering practices. Ziplines Education is not responsible for the actions or policies of such third parties and, under no circumstances will Ziplines Education be liable for any goods, services, resources or content available through the Third-Party Links & Ads, or for any harm related thereto or resulting therefrom. Before clicking on the third party’s web page, providing information to such third party or otherwise entering into a transaction with such third party, you should carefully review that third party’s policies and practices and make sure you understand and accept them. Complaints, concerns or questions relating to materials provided by third parties, including Third-Party Links & Ads, should be forwarded directly to the third party.
Our Services
Except as provided in your enrollment agreement, if applicable, Ziplines Education has no responsibility or obligation to provide you access to the Services. Ziplines Education reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Services or any part thereof, or your access thereto (including suspending or disabling your user account), with or without notice. You acknowledge and agree that Ziplines Education shall not be liable to you for any modification, suspension or discontinuance of the Services, or your access thereto. Further, Ziplines Education shall not be liable to you for any loss or liability resulting, directly or indirectly, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.
Ziplines Education is committed to ensuring that the Services remain accessible to all individuals, regardless of disability. Ziplines Education will take reasonable steps to ensure that the Services meet common industry standards for accessibility and materially comply with the requirements of the Americans with Disabilities Act (“ADA”), as applicable. If you have any suggestions about improvements Ziplines Education can make to enhance the accessibility of the Services, please contact us at support@ziplines.com.
Intellectual Property Rights
Our Services, including without limitation, all software code, site architecture and design, tools, interactive features and appearance, all registered and unregistered trademarks, design marks and logos, service marks, and trade names used in connection with our Services (“Marks”), and all text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, instructional materials, assessments, quizzes, examinations, assignments, and other copyrightable elements, and the selection and arrangements thereof (“Ziplines Education Content”) are the property of Ziplines Education and/or its assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark, and other intellectual property rights laws. You may not make any use of any of the Marks without our express, prior written consent.
Subject to these Terms, Ziplines Education hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, store, view, display, and/or redistribute the Ziplines Education Content solely for noncommercial purposes and solely in connection with your use of our Services in accordance with these Terms. Without limiting the foregoing, you agree not to: (a) sell, resell, lease or the functional equivalent, the Services or any Ziplines Education Content to a third party; (b) attempt to reverse engineer the Services or any component thereof; (c) attempt to create a substitute or similar service through the use of, or access to, the Services or the Ziplines Education Content; (d) attempt to create materials similar to the Ziplines Education Content other than in connection with your authorized use of the Services; or (e) reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Ziplines Education Content or User Content to any third party other than through use of the Services. YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS OR OTHER PROPRIETARY RIGHTS IN THE SERVICES OR ZIPLINES EDUCATION CONTENT OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY. You agree not to take any action which could be considered inconsistent with or which is likely in any way to prejudice such ownership rights.
Dispute Resolution; Mandatory Arbitration
Please read this Arbitration Agreement carefully. It is part of your contract with Ziplines Education and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Ziplines Education that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Ziplines, Inc. should be sent to 1180 San Carlos Ave #930, San Carlos, CA 94070. After the Notice is received, you and Ziplines Education may attempt to resolve the claim or dispute informally. If you and Ziplines Education do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in Deschutes County, Oregon unless the parties agree otherwise. The arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that Ziplines Education made to you prior to the initiation of arbitration, Ziplines Education will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or Ziplines Education pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Ziplines Education, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Ziplines Education.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Ziplines Education in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ZIPLINES EDUCATION WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Ziplines Education.
Small Claims Court. Notwithstanding the foregoing, either you or Ziplines Education may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Deschutes County, Oregon, for such purpose.
Warranty Disclaimer
YOUR USE OF THE SERVICES AND THE ZIPLINES EDUCATION CONTENT IS AT YOUR OWN RISK. THE SERVICES AND THE ZIPLINES EDUCATION CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ZIPLINES EDUCATION SHALL HAVE NO LIABILITY WITH RESPECT TO THE SEQUENCE, ACCURACY OR COMPLETENESS, OR USEFULNESS OF THE SERVICES OR THE ZIPLINES EDUCATION CONTENT. YOU AGREE THAT ANY MODIFICATIONS OR EFFORTS BY ZIPLINES EDUCATION TO MODIFY THE SERVICES SHALL NOT BE DEEMED A WAIVER OF THE LIMITATIONS CONTAINED HEREIN.
ZIPLINES EDUCATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES REGARDING: (a) THE SERVICES; (b) THE ZIPLINES EDUCATION CONTENT; (c) INFORMATION, PROGRAMS, COURSES, MATERIALS, AND SERVICES AVAILABLE THROUGH SERVICES; OR (d) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF ANY OF THE FOREGOING WHATSOEVER, INCLUDING WITHOUT LIMITATION JOB PLACEMENT, EMPLOYMENT, AND ADVANCEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZIPLINES EDUCATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND ZIPLINES EDUCATION CONTENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ZIPLINES EDUCATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR: (a) LOSS OR DELETION OF, OR FAILURE TO RECEIVE, PROCESS OR STORE ANY USER CONTENT OR OTHER INFORMATION MAINTAINED ON OR TRANSMITTED USING THE SERVICES; (b) VIRUSES THAT MAY INFECT ANY COMPUTER EQUIPMENT OR OTHER PROPERTY; (c) USER CONTENT OR OTHER INFORMATION POSTED ON THE SERVICES BY THIRD PARTIES; OR (d) THE ACTIONS OF ANY THIRD PARTY. ZIPLINES EDUCATION DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICES. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN ALL CASES, ZIPLINES EDUCATION’S LIABILITY TO YOU, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR A BREACH OF ZIPLINES EDUCATION’S OBLIGATIONS UNDER THESE TERMS OR ZIPLINES EDUCATION’S PRIVACY POLICY, OR FOR NEGLIGENCE, SHALL BE LIMITED TO THE GREATER OF $50.00 OR THE TOTAL FEES YOU HAVE PAID TO ZIPLINES EDUCATION FOR YOUR USE OF THE SERVICES IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM, AS LIQUIDATED DAMAGES, NOT AS A PENALTY, AND AS YOUR SOLE AND EXCLUSIVE REMEDY. TO THE FULLEST EXTENT PERMITTED BY LAW, ZIPLINES EDUCATION, ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, AND THEIR RESPECTIVE MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, SERVANTS, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR ANY REASON, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF THE ABOVE LIQUIDATED DAMAGES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE.
Indemnity
You agree to indemnify, defend and hold harmless Ziplines Education, and its past, present, and future suppliers, content providers, licensors, and their respective members, managers, shareholders, officers, directors, employees, representatives, servants, contractors and agents from any and all claims and damages (including, without limitation, attorneys’ fees, expert witness fees, and court costs) arising from or relating to any allegation regarding: (a) your use of the Services; (b) Ziplines Education’s use of any User Content you provide, as long as such use is not inconsistent with these Terms; (c) User Content or other information posted or transmitted through your account, even if not posted or transmitted by you; and (d) your violation of these Terms or any applicable law. Ziplines Education reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Ziplines Education. Ziplines Education will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Privacy
Your use of our Services and any information you provide to Ziplines Education is governed by Ziplines Education’s Privacy Policy, which is available here, and which is incorporated herein by this reference.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any material available on the Services infringes upon your copyrights, you may submit a notification of claimed infringement (“Notification”) pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Ziplines Education’s agent designated to receive Notifications (“Copyright Agent”) with a notice containing the information described below.
Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be subject to liability for damages. Please also note that the information provided in a Notification may be forwarded to the person who posted the allegedly infringing material.
All Notifications must include the following (see 17 U.S.C § 512(c)(3) for further details):- A physical or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.
- Identification 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;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Ziplines Education to locate the material;
- Information reasonably sufficient to permit Ziplines Education to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Designated Agent:
Mail: Ziplines, Inc.
Attn: Copyright Agent
1180 San Carlos Ave. #930
San Carlos, CA 94070
E-mail: support@ziplines.com
If you believe that material you posted to our Services that was removed (or to which access was disabled) as a result of a Notification is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material, you may send a written counter notification (“Counter Notification”) to the Copyright Agent containing the information described below.
Please note Ziplines Education is required to send a copy of your Counter Notification to the party who submitted the Notification and that in response to a Counter Notification that person may file a lawsuit against you seeking a determination of its rights with respect to the material. Please also note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability for damages.
All Counter Notifications must contain the following (see 17 U.S.C. § 512(g)(3) for further details):
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the District in which the address you list is located, or if that address is located outside of the United States, for the District of Oregon, and a statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
After receipt of a Notification or Counter Notification, Ziplines Education will comply with the applicable procedures set forth in 17 U.S.C. § 512. Pursuant to 17 U.S.C. § 512(i)(l)(A), it is Ziplines Education’s policy to terminate user account holders who are repeat infringers in appropriate circumstances.
Assignment
These Terms and any rights and licenses granted hereunder may not be transferred or assigned, subcontracted, delegated, or otherwise transferred by you without Ziplines Education’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Ziplines Education may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ziplines Education as a result of these Terms or use of our Services.
A printed version of these Terms and of any notice given in electronic form shall be admissible in any judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of these Terms is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the extent that the remaining provisions can be substantially applied within the original intent of these Terms taken as a whole. Any court holding a provision to be invalid, illegal, or unenforceable shall not render the offending provision void or unenforceable but instead shall modify the provision to the minimum extent necessary to make the provision valid, legal, and enforceable.
The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Ziplines Education or any products utilizing such data in violation of the United States export laws or regulations.
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
Ziplines Education’s failure to exercise or enforce these Terms shall not operate as a waiver of such right or provision. In the event of the termination of these Terms, you agree that the following provisions will survive: the provisions regarding limitations on your use of User Content, Ziplines Education Content, and the Marks, the license(s) you have granted to Ziplines Education, the limitation on liability, indemnity, and all other provisions for which survival is equitable or appropriate.
These Terms are the entire agreement between you and Ziplines Education regarding the subject matter herein, and supersede any prior understandings or agreements, written or oral.
Contact Us
If you have any questions about these terms, the Services, or to resolve a dispute, you may contact Ziplines Education:
By mail:
Ziplines, Inc.
Attn: Customer Support
1180 San Carlos Ave. #930
San Carlos, CA 94070
E-mail: support@ziplines.com
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Last Updated February 13, 2024
