A. Who May Use our Services
You may use our Services only if you can form a binding contract with Transport Safely, and only in compliance with these Terms and all applicable laws. When you create your Transport Safely 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 13 is prohibited, and certain courses may have additional requirements and/or restrictions.
B. Our License to You
Subject to these Terms and any additional Transport Safely policies, 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 written permission to otherwise use the content from Transport Studios, LLC. You also agree that you will create, access, and/or use only one user account, 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.
2. Our Courses
A. Course Modifications
While we take pride in our world-class courses, unexpected events do occur. Transport Safely reserves the right to cancel, interrupt, or reschedule any course or to modify any course content. Courses offered are subject to the Disclaimers and Limitation of Liability sections below.
B. No Academic Credit
Participation in or completion of a course does not confer any academic credit for any institution or organization other than Transport Safely’s learning management system.
3. Your Content
A. User Content
The Services enable you to share your content, such as homework, quizzes, exams, projects, and other assignments you submit, posts you make in forums, and the like (“User Content”), with Transport Safely and its instructors. The sharing of content with other users or non-users is prohibited. You retain all intellectual property rights in, and are responsible for, the User Content you share.
B. How Transport Safely and Others May Use User Content
To the extent that you provide User Content, you grant Transport Safely a fully transferable, royalty-free, perpetual, sub-licensable, 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 Transport Safely 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.
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, Transport Safely does not waive any rights to use similar or related Feedback previously known to Transport Safely, developed by its employees or contractors, or obtained from other sources.
We care about the security of our users. While we work to protect the security of your account and related information, Transport Safely 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 firstname.lastname@example.org.
5. Third Party Content
Through the Services, you will have the ability to access and/or use content provided by instructors and/or other third parties and links to websites and services maintained by third parties. Transport Safely cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Transport Safely disclaims any responsibility or liability related to your access or use of such third party content.
6. Copyright and Trademark Policy
Transport Safely respects the intellectual property rights of our partners, 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.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
If you believe in good faith that materials on the Services infringe your copyright, the DCMA provides that 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:
i. The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. 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);
iii. Identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Transport Safely to locate the material on the Services;
iv. The name, address, telephone number, and email address (if available) of the complaining party;
v. 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
vi. 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 must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent:
Copyright Agent, Transport Studios, LLC
2910 Kerry Forest Parkway, Suite D4-275
Tallahassee, FL 32309
via email: email@example.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 DMCA.
Transport Safely 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 Transport Safely 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 firstname.lastname@example.org, 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 individual’s account.
7. Education Research
Transport Safely is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the course content. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.
8. Paid Services
Transport Safely offers paid Services (e.g., Course Certificates for certain courses) for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees 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, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Transport Safely 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. Refunds may be available for paid Services as described in our Refund Policy.
9. 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 a Service altogether. Accordingly, Transport Safely may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. None of Transport Studios, LLC, Transport Safely, its instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (“The Transport Studios, LLC 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.
10. Refund Policy
For more information about our refund process, including instructions for requesting a refund, please visit our website.
A. Course Purchases
If you cancel your paid enrollment for a course, Transport Safely will offer you a complete refund until 7 days after payment, or until you have completed five (5) or more of the course modules, whichever is earlier.
B. Month-to-Month Subscriptions
Your subscription will continue on a month-to-month basis unless and until you cancel your subscription or the subscription is suspended or discontinued by Transport Safely. You must cancel your subscription before your monthly renewal date to avoid the next billing. If you cancel your subscription within 7 days after your first payment, Transport Safely will offer you a complete refund. If you cancel your subscription thereafter, cancellation will be effective at the end of the current monthly period; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.
C. 12-Month(Yearly) Subscriptions
Your subscription will continue for 12 months and then automatically renew unless and until you cancel your subscription or the subscription is suspended or discontinued by Transport Safely. If you cancel your subscription within 7 days after your first payment, Transport Safely will offer you a complete refund. If you cancel your subscription thereafter, you will not receive a refund, but will continue to have access until the end of the 12-month period and will not be billed for the next billing cycle.
D. Other Paid Services
Except as described in this Refund Policy or as explicitly stated as part of the sign-up process for a Service, Transport Safely has no obligation to provide refunds or vouchers for any other Services.
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE TRANSPORT STUDIOS, LLC PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE TRANSPORT STUDIOS, LLC PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TRANSPORT STUDIOS, LLC 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 TRANSPORT STUDIOS, LLC 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 TRANSPORT STUDIOS, LLC’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY TRANSPORT STUDIOS, LLC FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS.
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.
You agree to indemnify, defend, and hold harmless the Transport Studios, LLC 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.
14. Governing Law and Jurisdiction
The Services are managed by Transport Studios, LLC, which is located in Leon County, Florida. You agree that any dispute related to these Terms will be governed by the laws of the State of Florida, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Leon County, Florida as the legal forum for any such dispute.
Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or Transport Studios, LLC may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by you and Transport Studios, LLC. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
15. General Terms
A. 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. 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.
B. 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).
Effective as of January 1, 2017.