Terms of Use
Effective: October 1, 2020
Thank you for using ProAbled Academy!
ProAbled Academy's products and services are provided by Social Enterprise Cluster (SEC) SAL, a corporation organized and existing under the laws of the Republic of Lebanon. These Terms of Use ("Terms") govern your use of ProAbled Academy's website, apps, and other products and services ("Services"). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.
Using ProAbled Academy
Who May Use our Services
You may use our Services only if you can form a binding contract with ProAbled Academy, and only in compliance with these Terms and all applicable laws. When you create your ProAbled Academy account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 18 is only allowed when accompanied by parental surveillance. Certain regions may have additional requirements and/or restrictions.
Our License to You
Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, and course-specific eligibility requirements, and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You may download content from our Services only for your personal, non-commercial use, unless you obtain ProAbled Academy's written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by ProAbled Academy, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.
Content Offerings
Changes to Content Offerings
ProAbled Academy offers courses and content ("Content Offerings") created by ProAbled Academy. ProAbled Academy reserves the right to cancel, interrupt, reschedule, or modify any Content Offerings, or change the point value or weight of any assignment, quiz, or other assessment. Content Offerings are subject to the Disclaimers and Limitation of Liability sections below.
No Academic Credit
Unless otherwise explicitly indicated, participation in or completion of Content Offering does not confer any academic credit, other than the Certificate of Attendance delivered by ProAbled Academy. ProAbled Academy and instructors have no obligation to have Content Offerings recognized by any educational institution or accreditation organization.
Your Content
User Content
The Services enable you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like ("User Content"), with ProAbled Academy, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share.
How ProAbled Academy and Others May Use User Content
To the extent that you provide User Content, you grant ProAbled Academy a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. Nothing in these Terms shall restrict other legal rights ProAbled Academy may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
Feedback
We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, ProAbled Academy does not waive any rights to use similar or related Feedback previously known to ProAbled Academy, developed by its employees or contractors, or obtained from other sources.
Security
We care about the security of our users. While we work to protect the security of your account and related information, ProAbled Academy cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing academy@proabled.com
Copyright and Trademark Policy
ProAbled Academy respects the intellectual property rights of our users and expects our users to do the same when using the Services. We have adopted and implemented the ProAbled Academy Copyright and Trademark Policy in accordance with applicable law.
Paid Services from ProAbled Academy
ProAbled Academy offers paid Services (e.g., Courses) for a fee. You are responsible for paying all fees charged by or for ProAbled Academy and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, please contact us, as in some circumstances, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and ProAbled Academy reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services.
Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. Accordingly, ProAbled Academy may terminate your use of any Service for any reason. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of ProAbled Academy, its instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "ProAbled Academy Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ProAbled ACADEMY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE ProAbled ACADEMY PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL PROABLED ACADEMY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY PROABLED ACADEMY FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PROABLED ACADEMY, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO PROABLED ACADEMY'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Indemnification
You agree to indemnify, defend, and hold harmless the ProAbled Academy Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Governing Law and Jurisdiction
The Services are managed by ProAbled Academy, which is located in Aintoura, Keserwan, Lebanon. You agree that any dispute related to these Terms will be governed by the laws of the Republic of Lebanon, excluding its conflicts of law provisions. You further agree that the Parties will attempt to resolve amicably any dispute arising out of the interpretation or the execution of the Terms. Failure to reach a settlement, the dispute shall be decided by the Courts of Beirut.
General Terms
Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
Severability; Waiver
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
Referenced Policies
Acceptable Use Policy
Effective: September 11, 2020
ProAbled Academy's mission is to provide universal access to the world's best education in the field of inclusion of people with disabilities in the workplace. We believe strongly in preserving free speech and expression for our users as well as academic freedom for our instructors. We also want to make sure that all of our users and instructors feel safe and comfortable while using our Services. We have drafted this Policy to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.
We may remove or edit inappropriate content or activity identified by or reported to us or suspend, disable, or terminate a user's access to all or part of the Services.
You are prohibited from using our Services to share content that:
- Contains credible threats or organizes acts of real-world violence. We don't allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
- Harasses others. Violates intellectual property, privacy, or other rights. Otherwise violates the ProAbled Academy Terms of Use. Please note that specific Content Offerings may have additional rules and requirements.
You also aren't allowed to:
- Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties.
- Share your password, let anyone access your account, or do anything that might put your account at risk.
- Attempt to access any other user's account.
- Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
- Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
- Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
- Try to reverse engineer any portion of our Services.
- Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
- Use our Services to distribute malware.
- Use our Services or any functionality of the ProAbled Academy platform for anything other than for completing online courses or for pedagogical purposes.
- Impersonate or misrepresent your affiliation with any person or entity.
- Encourage or help anyone do any of the things on this list.
Copyright and Trademark Policy
Effective: September 11, 2020
ProAbled Academy respects the intellectual property rights of our instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.
If you believe in good faith that materials on the Services infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
The notice must include the following information:
- the 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 located on the Services are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow ProAbled Academy to locate the material on the Services;
- the name, address, telephone number, and email address (if available) of the complaining party;
- 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.
Notices and counter-notices with respect to the Services can be sent:
- via email: academy@proabled.com
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the applicable laws.
ProAbled Academy also respects the trademark rights of others. Accounts with any other content that misleads others or violates another's trademark may be updated, suspended, disabled, or terminated by ProAbled Academy in its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at academy@proabled.com, and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individuals account.
Honor Code
Effective: October 11, 2020
All students participating in the course must agree to abide by the following code:
- I will register for only one account, unless expressly permitted to register for additional accounts by ProAbled Academy.
- My answers to homework, quizzes, exams, projects, and other assignments will be my own work (except for assignments that explicitly permit collaboration).
- I will not make solutions to homework, quizzes, exams, projects, and other assignments available to anyone else (except to the extent an assignment explicitly permits sharing solutions). This includes both solutions written by me, as well as any solutions provided by the course staff or others.
- I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.