We are Podium Education, Inc. (“we” or “Podium Education”). Thank you for using our online learning programs. The terms below form a binding agreement between you and Podium Education (the “Agreement”) regarding your participation in online programs scheduled by universities and enabled by Podium Education.
Last Updated October 2023
Scope
The “Services” means mobile, web and any other versions of the Podium Education app(s), and all Internet services under Podium Education’s control used to provide the app(s).If you do not accept this Agreement, you must not use the Services.
Privacy
Podium Education agrees to protect your privacy and safeguard information you provide to us in accordance with our Privacy Policy located at www.podiumeducation.com/privacy-policy
Your Rights To Use The Services
The Services are protected by copyright, trade secret, and other intellectual property laws. Podium Education and its partners, licensors and suppliers are the owners of all rights in the Services except as expressly provided in this Agreement. So long as you comply with this Agreement, Podium Education grants to you a personal, limited, nonexclusive, nontransferable right to use the Services solely for your personal, non-commercial use, and to use the Services on any compatible device that you own or control.
You agree not to use the Services or Content (defined below) in a manner that violates any applicable local, state, federal or international law, regulation or this Agreement.
The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.
License Restrictions. You agree that you will not:
(a) Use, employ, or attempt to use or employ any robot, spider, scraper, deep link or other similar automated data gathering or extraction programs, tools, utilities, algorithm or methodology to access, acquire, copy or monitor any portion of the Services, without Podium Education’s express written consent, which may be withheld in Podium Education’s sole discretion;
(b) Use, employ, or attempt to use or employ any engine, software, tool, agent, or other device or mechanism (including, without limitation robots, spiders, avatars, intelligent agents, or browsers) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers ;
(c) Post, upload, forward, or otherwise transmit any file or software code which contains, facilitates, or launches viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services;
(d) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
(e) Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services;
(f) Attempt to access any other Podium Education systems that are not part of these Services; or
(g) Excessively overload the Podium Education systems used to provide the Services.
Appropriate Use of Services
You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
(a) Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
(b) Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor);
(c) Except as otherwise permitted by Podium Education in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
(e) Any information, software or content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
Rights in Content and Personal Data
“Content” refers to “Course Content” that is provided to you through the Services, and “User Content” that you may generate.
“Course Content” means course curricula, video lectures, learning modules and all other video, audio, photographs, images, illustrations, animations, logos, tools, text, ideas, communications, information, data, software, scripts, executable files, graphics, maps, interactive features, designs, copyrights, trademarks, patents, sounds, applications and any intellectual property therein, used to provide the Services to you.
Course Content we provide to you as part of the Services belongs to Podium Education or its licensors. You understand and agree that you will not obtain, through use of the Services, any right, title, or interest (including intellectual property rights) in Course Content.
“User Content” means comments replies, “likes,” means Content you or other users create or upload to the Services. User Content belongs to you or the other users who generated it. User Content may be Anonymous Data or Personal Data as described in our Privacy Policy, and we will treat it accordingly.
Sharing of Content
You may choose to share your User Content, or information derived from your User Content, with third parties. Podium Education does not monitor or control the people with whom you may share any User Content or other information you share, and disclaims any liability to you or third parties if you do so.
Monitoring and Retention of Content
Podium Education may, but has no obligation to, monitor User Content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Podium Education or its customers, or operate the Services properly. Podium Education, in its sole discretion, may refuse to post, remove, or refuse to remove, any User Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
You acknowledge that Podium Education may establish general practices and limits concerning retention and deletion of User Content. You further acknowledge and agree that Podium Education reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Account Security
You are responsible for maintaining the privacy and security of your password and other security information. You are also responsible for maintaining the integrity of your computer, mobile phone or other internet device to prevent theft, viruses, spyware or other malicious software from stealing your password information or data. Podium Education bears no responsibility for unauthorized access to your account as a result of your failure to follow appropriate security precautions, including changing your password promptly upon discovery of any security issue.
If you should become aware of any unauthorized use of your account or user information, or if you otherwise believe that your account has been compromised, you agree to immediately notify Podium Education at support@podiumeducation.com
Contacting You
By providing to Podium Education your physical address, e-mail address, phone number or other ways to contact you, you agree that Podium Education may contact you and send notices using any of these contact methods. If you wish to receive notices at another address, it is your responsibility to notify us of any updates or changes, as appropriate, by updating your user profile and contact preferences. Required and other notices and communications from us will be provided either in the text of the applicable e-mail or through an embedded link to the appropriate page on our Services, or through any other means Podium Education deems appropriate.
Any legal notices by you to Podium Education relating to this Agreement should be sent by you to Podium Education at Support@PodiumEducation.com
Messages may include your login ID and some information about your account. Anyone with access to your email, mobile phone, or other device or accounts receiving alerts will be able to view the content of these messages and it is your responsibility to maintain the privacy and security of this information.
Other Podium Education And Third Party Products And Services
We may offer to you other services, features, products, applications, online communities, or promotions provided by Podium Education. If you decide to use any of these other services, additional terms and conditions and separate fees may apply. If you decide to use any third party products or access any third party sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies.
Ownership of Services; Copyright And Trademark Notices
All materials of the Services (as well as the organization and layout of the Services) are owned and copyrighted or licensed by Podium Education, its affiliates or its suppliers. No reproduction, distribution, or transmission of the copyrighted materials of the Services is permitted without the written permission of Podium Education. Any rights not expressly granted herein are reserved. Podium Education, the Podium Education logos and product and service names are trademarks of Podium Education, Inc. (the “Podium Education Marks”). You agree not to display or use the Podium Education Marks in any manner whatsoever without Podium Education's prior permission.
The Services may incorporate logos, trademarks, service marks and other proprietary rights belonging to schools and other third parties. Podium Education does not grant you any rights to reproduce, distribute, or transmit any such materials, all of which are expressly reserved by their owners. Podium Education disclaims any rights to any third party trademarks, service marks or other intellectual property that may be viewed through the Services.
Payments
If Podium Education charges fees for the Services, you agree to pay all fees as described in the Services, along with any applicable taxes, duties or withholdings based (excluding taxes based on Podium Education’s income). We may suspend the Services until all undisputed payments due for the Services are received.
Disclaimer Of Warranties; Limitation Of Liability
Your use of the Services is entirely at your own risk. Except as described in this Agreement, the Services are provided “as is” to the maximum extent permitted by applicable law.
Podium Education, its Affiliates, partners and its third party service providers, licensors, distributors and suppliers (collectively “Suppliers”) disclaim all warranties, express or implied, including any warranty that the Services are fit for a particular purpose, title, merchantability, data loss, uptime or continuity of the Services, non-interference with or non-infringement of any intellectual property rights, or the accuracy, reliability, quality or content of information in or linked to the Services or that features of the Services will be accurate or complete.
Podium Education and its Affiliates, partners and Suppliers do not warrant that the Services are secure, free from bugs, viruses, interruption, errors, theft or destruction. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to 60 days from the date of purchase or delivery of the Services, whichever is sooner.
Limitation of Liability and Indemnity
To the maximum extent permitted by applicable law, the entire liability of Podium Education, and its Affiliates, partners and Suppliers for all matters or claims relating to this Agreement shall be limited to $150, or if you paid fees to Podium Education the amount you paid for the Services during the twelve (12) months prior to such claim if greater than $150.
Podium Education and its Affiliates, partners and Suppliers are not liable for any of the following: (a) indirect, special, incidental, punitive or consequential damages of any kind; or (b) or any interaction among users of the Services.
The above limitations apply even if Podium Education and its Affiliates, partners and Suppliers have been advised of the possibility of such damages. This Agreement sets forth the entire liability of Podium Education and its Affiliates, partners and Suppliers as well as your exclusive remedy with respect to the Services and its use and your Agreement to these provisions and limitations is a material inducement to Podium Education to enter into this Agreement with you and provide you access to the Services and other offerings provided by Podium Education.
Indemnification
You agree to indemnify and hold Podium Education and its Affiliates, partners and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs made by third parties and, arising out of your use of the Services or breach of this Agreement (“Claims”). Podium Education reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Podium Education in the defense of any Claims.
Changes To This Agreement Or The Services
We may change this Agreement from time to time. We may also change or discontinue the Services, in whole or in part, in our discretion. Your continued use of the Services after Podium Education posts or otherwise notifies you of any changes, indicates your agreement to the changes. Notwithstanding the preceding sentences of this paragraph, no changes to this Agreement will apply to any dispute between you and Podium Education that arose prior to the date of the change.
Termination
Podium Education may immediately and without notice terminate this Agreement or suspend the Services provided to you if you fail to comply with these terms. Upon termination you must immediately stop using the Services. Our Privacy Policy and the following sections of this Agreement will survive and remain in effect even if the Agreement is terminated, canceled or rescinded: Disclaimer of Warranties; Limitation Of Liability; Indemnification; Copyright And Trademark Notices; Governing Law And Jurisdiction; and General.
You may cancel your account or any part of the Services at any time; provided that Podium Education will not refund any pre-paid fees upon such termination or cancellation. Podium Education reserves the right to collect fees, surcharges or costs incurred before you cancel your account in addition to any applicable cancellation fee(s).
Upon termination of your account for any reason, Podium Education reserves the right to (a) collect all charges, fees, commitments and obligations incurred or accrued by you; (b) delete any of your User Content, listings, messages or other information in connection with your Account; (c) prohibit your access to your Account, including without limitation by deactivating your password; and (d) refuse your future access to the Services.
Arbitration; Governing Law and Jurisdiction
This Agreement and the relationship between you and Podium Education will be governed by the laws of the state of Texas without regard to its conflict of law provisions that would result in the application of the laws of another jurisdiction.
You and Podium Education agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Services under the rules of the American Arbitration Association, to be conducted in Austin, Texas. You waive any right to claim that the location is an inconvenient forum and you covenant not to sue Podium Education in any other forum.
The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association, as modified by this Agreement. You and Podium Education agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (a) the arbitration will be conducted by telephone, online, or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim.
You also acknowledge and understand that, with respect to any dispute arising out of or relating to your use of the Services or this Agreement:
Waiver of Jury Trial and Class Action
You hereby waive: (a) your right to have a trial by jury; and (b) your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit involving any that dispute.
Governing Law and Jurisdiction
Only if the foregoing arbitration provision is deemed to be null and void, all disputes arising between you and Podium Education under this Agreement will be subject to the exclusive jurisdiction of the state and federal courts located in Austin, Texas, and you and Podium Education hereby submit to the personal jurisdiction and venue of these courts.
General
You represent and warrant that you are at least 16 years of age.
This Agreement is the entire agreement and understanding between you and Podium Education and replaces and supersedes all prior understandings, communications, commitments, and agreements, oral or written, regarding its subject matter.
You may assign this Agreement only with the written consent of Podium Education, which may not be unreasonably withheld.
If any court of competent jurisdiction rules that any part of this Agreement is invalid, illegal, void or unenforceable, then such part of this Agreement will be removed and severed from this Agreement without affecting the validity, enforceability, and effectiveness of the remainder of this Agreement. The remaining terms will be valid and enforceable.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Podium Education’s right and remedies under this Agreement are intended to be cumulative and any failure by Podium Education to exercise or enforce any of its rights or remedies under or in connection with this Agreement or to which Podium Education is entitled under any applicable law, will not constitute or be taken or construed as a waiver of any of Podium Education’s rights or remedies, all of which will still be and remain available to Podium Education.
