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This page and its contents were last updated March 28, 2013.
This agreement specifies the terms or conditions under which you agree to register and participate in on-line educational classes (the "Service(s)") offered by The Imaginary Institute (TM) (the "Company") to serve your educational needs and interests. You should carefully read this Agreement as it obligates you to the Company's terms and conditions for your use of the Company's Services. By registering and participating in the Company's Services you are agreeing to the terms, conditions and obligations set forth in the Agreement and if you do not agree, do not register for the Company's Services.GENERAL TERMS OF SERVICE
This Agreement governs your use of the Company Services provided directly and/or indirectly to you. The Company reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon publishing on our website www.imaginary-institue.com. Your continued use of Company Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Company as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease using any Service provided by Company.STUDENT CONDUCT AND BEHAVIOR
Company requires that you act as a professional and be courteous and respectful to our Company, its third-party providers and its instructors, and fellow students. Company requires that you follow Company's protocol for appropriate conduct in use of Company's Services as follows:Appropriate Conduct
You may not Company Services in any way that is inappropriate, unethical, harmful or damaging. This includes using Company to upload, copy, print, or otherwise transmit any Content (meaning any materials provided by you and/or Company) that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. You may not engage in any activity that is harmful to minors. You may not collect or store personal data about other students without their permission. You may not impersonate any person or entity, including, but not limited to an agent of Company, or falsely state or otherwise misrepresent your affiliation with a person or entity. You may not disguise the origin of any Content transmitted through Company You are expressly forbidden from uploading, copying, printing, or otherwise transmitting any Content that you do not have a right to transmit under any law or under a contractual or fiduciary relationship. This includes the transfer or transmission of proprietary or confidential information acquired through employment relationships or under nondisclosure agreements. You are expressly forbidden from uploading, copying, printing, or otherwise transmitting or transferring any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party whatsoever. You may not interfere with or disrupt Company Services or networks connected to its Services, or disobey any requirements, procedures, policies or regulations of networks connected to its Services. Company and its third-party providers have the right, but not the obligation, to refuse or to remove any Content that is available through its Services. Company and its third-party providers have the right to remove any Content that violates this Agreement or that is otherwise objectionable in any way. These rights notwithstanding, it is your sole responsibility to determine the accuracy, completeness, or usefulness of the Content and to assume the risks of using the Content based on that determination. The Company reserves the right in its sole discretion to immediately terminate your use of Company's Services for any violation of these terms of conduct.Your Obligation to Provide Accurate Registration Data.
Under the terms of this Agreement, you are responsible for creating a user name, password and related account information when registering for Company Services. It is your sole responsibility to maintain the security and confidentiality of your password and account. Should that confidentiality or security be breached in any way, you are obligated to notify Company immediately. You understand further that under no circumstances is Company or its third-party providers liable for any damage or loss resulting from your failure to comply with this obligation to maintain confidentiality and security.Content Responsibility
The Content you obtain from use of Company Services (including but not limited to publicly posted or privately transmitted data, graphics, information, messages, music, photographs, software, sound, text, video or other materials) is owned by the person and organization providing it and hence cannot be used by you without their permission. Consequently, you, not Company, are fully responsible for all Content uploaded, copied or printed through your use of the Company Services. Moreover, Company does not guarantee nor is it liable in any way for the accuracy, integrity or quality of Content provided through its Services. Company provides you no indemnity and shall not be liable for any errors or omissions of Content, or for any loss or damage of any kind incurred as a result of the use of Content that is uploaded, copied, printed, or used in any way via any of the Company Services.Compliance with all Local, National, and International Rules of Content and Online Conduct
You agree to comply with all local, regional, national, and international rules and policies regarding acceptable Content and online conduct. Furthermore, you agree to comply with all laws applicable to or regarding the transmission of technical data exported from your country of residence. By using Company's Services, you represent that you are over the age of eighteen (18) or the age of legal consent in your country of origin.ASSUMPTION OF RISK - LIMITATIONS OF LIABILITY - DISCLAIMERS
ALL SERVICES PROVIDED ARE "AS IS" AND "AS AVAILABLE." THIS MEANS THAT COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR USES OR PURPOSES AND NON-INFRINGEMENT. THIS ALSO MEANS THAT ANY CONTENT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH USE OF THE SERVICES IS AVAILABLE TO YOU AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ANY SUCH CONTENT. COMPANY MAKES NO ASSURANCE, GUARANTEE, OR WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS YOU OBTAIN FROM USING THE SERVICES WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER CONTENT PROVIDED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE COMPANY'S SERVICES WILL BE CORRECTED.
UNDER THE TERMS OF THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE, ACCEPT, AND AGREE THAT COMPANY AND ITS THRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES; THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR, ANY OTHER MATTER RELATING TO THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE, ACCEPT, AND AGREE THAT COMPANY AND ITS THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY OF THE FOREGOING DAMAGES YOU MIGHT EXPERIENCE THROUGH USE OF ANY SERVICES EVEN IF COMPANY OR ITS THIRD PARTY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT YOUR TOTAL DAMAGES RELATED TO ANY CLAIM AGAINST COMPANY AND/OR ITS THIRD PARTY PROVDERS SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID COMPANY FOR ANY SERVICES PROVIDED TO YOU IN THE SIX MONTHS PRECEEDING THE DATE OF YOUR CLAIM.Disclaimer of Warranties.
Neither Company nor its third party providers warrant that any Services provided by Company (in whole or in part) will be uninterrupted or error free. Company and its third party providers make no warranties as to the results obtained by using any part of Company Services including use of any of its online courses. Company makes no representation expressed or implied that its Services are accredited or certified by any accrediting or certifying entity.INTELLECTUAL PROPERTY
You expressly acknowledge, accept, and agree that any Content provided by Company through its Services contain proprietary content that is protected by applicable intellectual property and other laws, including copyrights, trademarks, service marks, and patents. You also expressly acknowledge, accept, and agree that unless expressly authorized by Company you may not modify (in whole or part), rent, lease, loan, sell, distribute, or create derivative works based on any Content provided through Company's Services. You also expressly acknowledge that all course Content, including videos, software and printed materials however provided, is proprietary to Company or a third party and any distribution of such Content is strictly prohibited without the expressed written consent of Company. In no event shall any Company-provided Content be attributed as your own for any purpose.
Any materials you provide to Company, including any videos, software, images, typefaces or other materials shall to the extent they contain your original work remain your intellectual property. Notwithstanding the foregoing, by providing such materials to Company you grant Company a non-exclusive, royalty free, perpetual license to use such materials for any purpose in Company's sole discretion.ONLINE COURSES
If you register, enroll, audit or in any way "participate" in any Company courses, you agree that all payments for the course are due at time of registration. Registration does not guarantee placement in the course and Company may limit enrollment in any course. Refunds are only available if Company does not permit you to enroll in a class after you register or you cancel in writing by sending an email with the course identification number to firstname.lastname@example.org at least fourteen (14) days before the starting date for the course such refunds will return your entire fee minus any third party fees . The length of time of your enrollment is limited, and if you fail to complete a Company course within the specified amount of time allowed or stated to you at the time of registration, you agree to the following: There are no refunds on any portion of the Course Fee if you fail to complete the course within the time allowed, or after 4 months, whichever is less. Extensions may be granted in some extenuating circumstances, should the course continue to operate after enrollment expiration. However, extensions and/or course s renewals may incur additional charge and is at the sole discretion of Company. The foregoing is Company's refund policy and no other refunds will be allowed.Termination of Service.
Company reserves the right (and sole discretion), to stop, cease, terminate, restrict, suspend or remove your specific access to any or all parts of any (or all) Services provided by Company, including (but not restricted to) online courses, interactive features, course request processing, promotion of any/all classes, award/certificate processing, or any general use of Company's Service at any time for any reason without prior notice or liability. Company may modify, suspend or discontinue all or any part of its Services at any time, including the availability of any content (electronic, data or otherwise), feature, database, awards, courses, certificates, logs, social media features or anything else that Company retains, uses, or publishes as part of its Services at any time, without prior notice or liability.DISPUTES RESOLUTION
READ THIS SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF BY A JUDGE, JURY, OR CLASS ACTION LAWSUIT.Mandatory Binding Arbitration
All disputes arising out of or related to this Agreement or Company Service in general (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) must be resolved by final and binding arbitration. The arbitration will be conducted by one arbitrator using the procedures described by this Section. If any portion of this Section is determined to be unenforceable, then the remainder shall be given full force and effect.
The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association's ("AAA") Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. To the extent that such procedures differ from this Agreement, this Agreement shall govern to the fullest extent permitted by law. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES. YOU AND COMPANY BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT. In the event that a dispute arises out of this Agreement, the prevailing party shall be entitled to its reasonable expenses, including attorney's fees.Arbitration Information and Filing Procedure
Before you take a dispute to arbitration or to small claims court, you must first write to us at email@example.com, and give us an opportunity to resolve the dispute. Similarly, before Company takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within ninety (90) days from the date you or Company is notified by the other of a dispute, then either party may contact the AAA and request arbitration of the dispute. Information about the arbitration process and the AAA's Arbitration Rules and its fees are available on the Internet at www.adr.org. The arbitration will be based only on written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA's telephonic, online, or in-person procedures in which case each party shall bear their own costs and fees related to same. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location the AAA selects in Seattle, Washington and you agree to such exclusive venue and jurisdiction. Arbitrations under this Agreement shall be confidential as permitted by state and/or federal law. The laws of the state of Washington shall control any dispute hereunder.Time for Filing Claims.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed with the AAA within one year after such claim or cause of action arose or be forever barred.Notice for California Users.
Under California Civil Code Section 1789.3, California Sites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916-445-1254 or 800-952-5210.MISCELLANEOUS PROVISIONS
This Agreement constitutes the entire agreement between you and Company regarding the use of the Services at the time of your registration, superseding any prior agreements between you and Company relating to the Services. Company reserves the right to amend any terms of this Agreement upon publishing notice of the changes www.imaginary-institute.com. Your continued use of Company's Services after the date of publication confirms your agreement to those changes. You cannot assign this Agreement to any other party.Waiver
Company will not be liable for inadequate performance or breach of this Agreement to the extent caused by a condition (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and internet disturbance) that was beyond Company's reasonable control.
This policy does not apply to the practices of companies or other organizations that The Imaginary Institute does not own or control, or to people that The Imaginary Institute does not manage or employ. This website may contain links to other sites. The Imaginary Institute is not responsible for the privacy practices or the content of those sites.INFORMATION WE COLLECT AND TRACK
The Imaginary Institute may collect information about all users collectively, such as what areas users visit and what services are used. This data may be automatically collected. This type of general information is not used to identify specific users, but in an aggregate form to help us or our partners analyze traffic patterns and enhance our service to better serve our users.The Imaginary Institute Registration Information
When you register for courses at The Imaginary Institute we ask for PII from you (name, email, etc.). Once you login to our services with your user name and password (that identifies your registration data), you are not anonymous to us. Both general usage information and any personal details you provide to us may be used to enhance and customize content, identify (and in some cases validate) you when you post content, participate in a course, or access any of our student-privileged services.Creating, Joining, Taking, or Using our Services
When you create, join, take, or use our services, you are not anonymous to us, the instructor(s) within the class, or the student(s) within the class you have enrolled. PII about you such as your user name, your first and last name, and your email address is made available to the instructor to better enhance your online education and to promote free and open inquiry, and to hold class participants personally responsible for their work and behavior within the online class.What We Do with Collected Data
Data collected from The Imaginary Institute students (people who have filled out our registration form and logged in) is used to identify the student in order to allow that student to join and participate in our online courses. Information we gather and collect about anonymous users and members logged into our service may also be used to provide you with content that may be of interest to you or relevant to your needs. Additionally, we may show advertisements to you that are relevant to your demographic information. The Imaginary Institute may provide advertisers with general demographic information on an aggregate basis (but no PII that would identify you would be disclosed to another company).
Data on your activity while taking a course is provided to the instructor(s) of the class you are taking. This data includes your user name, page(s) accessed, date and time of accessing pages, and any course-related activities (such as assignment submissions, or, feedback and/or collaborations with other students and teachers). This data is only released to the instructor and staff of The Imaginary Institute, and not to other people or companies. We do not release any data to the instructor that would pose a potential security threat to our service. While The Imaginary Institute does not sell or give its student list to other persons or companies, it is important to note that (if you choose to use certain of our virtual services, for example, our social media services, if any), or if you participate in classes with other students, fellow course participants may obtain some identifiable information about you.A Note About Cookies
We do not share any of the information we collect about individual users with outside companies or people not employed at The Imaginary Institute. However, we may share some general demographic information about The Imaginary Institute visitors collectively with advertisers or partners, but nothing that is personal or identifiable to an individual. The Imaginary Institute is not responsible for information you choose to make public on its websites. It is equally important to note that if you choose to use our services by taking a virtual course (by joining or using one or any of our online courses) some personally identifiable information may be released about you to course participants. Depending on what particular services you participate in, this information may include your first and last name (the name you entered when you signed up on The Imaginary Institute website), email address, and your user name.Third Party Advertising Tracking
The Imaginary Institute may use or contract to use advertising analytics to measure the performance of any advertising it may have on its website. To the extent that any such analytics are used, The Imaginary Institute does not use or provide any PII with regard to the use of the analytics.Security of Information We Collect
It is important for you to protect against unauthorized access to your password and to your computer. Be sure to log off when finished using a shared computer.Our Commitment to Children's Privacy
Protecting the privacy of the very young is extremely important to us. For this reason, we never collect or maintain information at our website from anyone who identifies themselves as being under the age of 13. Our website is not constructed in any way, shape, or form to attract anyone under the age of 13. The Imaginary Institute is an adult service for adult learners and we specifically request that all users of our services be 18 years of age or over, or older than the age of consent in their jurisdiction.Our Commitment to Data Security
The Imaginary Institute has taken several security measures in order to protect the information under our control. All PII we collect is stored in a manner that we believe provides the necessary security to protect such information.EU Safe Harbor
Company believes it complies with the US-EU Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. Company has audited its data collection activities such that it believes it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement.How to Contact Us