Terms of Use

By using the CrossflowLearning.com web site (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Terms of Service under the name Crossflow Learning, constitute the Agreement between Crossflow Learning (“We”, “Supplier” or “Crossflow Learning LMS”), and “You” (the “Customer”) ordering the “Services”. Crossflow Learning means the Crossflow Learning entity, which is a party to this Agreement, being Crossflow Learning LLC, a US based company, having its registered office in the state of Texas, as applicable. “Services” means Supplier’s hosted internet accessible learning management solution service, under the name Crossflow Learning, made available to You on a purchase basis under the Agreement at a website address provided to You (“Portal”). An Authorized User means any Customer employee, contractor, agent or any other individual authorized by Customer to access and use the Services, via Customer’s purchased subscriptions, for the purpose specified herein. You are responsible for Authorized Users’ compliance with this Agreement.

Crossflow Learning reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time online at www.CrossflowLearning.com.

Violation of any of the terms below will result in the termination of your Account. While Crossflow Learning prohibits such conduct and Content on the Service, you understand and agree that Crossflow Learning cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
You are responsible for maintaining the security of your account and password. Crossflow Learning cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
One person or legal entity may not maintain more than one account.
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Payment, Refunds, Upgrading and Downgrading Terms

A valid credit card is required for paying accounts.
The Service is billed in advance and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Crossflow Learning does not accept any liability for such loss.

Cancellation and Termination

You are solely responsible for properly canceling your account.
If you cancel the Service before the end of your current paid subscription plan, your cancellation will take effect by the end of your current paid month and you will not be charged again.
Crossflow Learning, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service at any time and without prior notice in case of (a) fraudulent, criminal, grossly negligent, willful, or otherwise intentional misconduct, or violation of any law or regulation, in connection with the performance of your obligations hereunder and/or (b) demonstrated usage negatively impacting the performance of the Service and/or (c) breach of the herein Service terms and conditions. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account or any other similar action deemed appropriate.

Modifications to the Service and Prices

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change without notice. Such notice may be providedat any time by viewing the stated price on the product, course, plan, or package itself.
Crossflow Learning shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Content and Personal Data

You own all content (including Personal Data) inputted by You and Authorized Users for the purpose of using the Services (“Content”) and You are solely responsible for the legality, reliability, integrity, accuracy and quality of the Content. Crossflow Learning may suspend or terminate use of Services and this Agreement immediately upon receipt of any notice, which alleges that You and/or Authorized User has used Services for any purpose that violates any local, state, federal or law of other nations, including but not limited to the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations, etc. You hereby acknowledge and agree that Our performance of this Agreement requires that We process, transmit and store Personal Data in the event of an illegal activity.
You hereby also acknowledge and agree that We process data related to Your employees or representatives that is collected and used by Us, as well as connection data created through the use and operation of the Services, in order to administer or manage Our delivery of Services, or Your account, for Our business purposes, following the technical and organizational security measures. Such Data may include Personal Data and information about the contractual commitments between Us and You, whether collected at the time of the initial registration or thereafter in connection with the delivery, management or administration of Services, including billing and collecting of payments. You hereby acknowledge and agree that We also process Personal Data that We collect, when You submit a request for support services or other troubleshooting, including information about the Service, Your Portal and other details related to the support incident, such as authentication information, information about the condition of the Services, and error-tracking files. We process such Personal Datain order to respond to the request and solve the problem eventually reported.
We shall process the aforementioned Personal Data for Our own business purposes for as long as it is necessary in relation to the purposes stated above, namely for the duration of Agreement and until collection of the payments, unless processing is necessary for compliance with a legal obligation by mandatory statutory law or for the establishment, exercise or defense of legal claims.
You hereby acknowledge and agree that We shall process Your name and email address to communicate with You for the presentation and promotion of the Services or of new services. You may at any time, free of charge, unsubscribe from such electronic communication, easily by clicking the button “unsubscribe” contained in the electronic communication.

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
Crossflow Learning does not pre-screen Content, but Crossflow Learning and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
Inappropriate content is considered the posting, uploading, sharing, submitting, or otherwise providing content that: a) Infringes Crossflow Learning’s or a third party’s intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right b) You don’t have the right to submit c) Is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful; encourages illegal or tortious conduct or that is otherwise inappropriate. d) Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition e) Contains viruses, bots, worms, scripting exploits, or other similar materials f) Is intended to be inflammatory g) Could otherwise cause damage to Crossflow Learning or any third party
The look and feel of the Service is copyrighted. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, text, images, video, media, deliverables, graphics, sound, music, third party material, or visual design elements or concepts without express written permission from Crossflow Learning

Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Crossflow Learning (and any of its parts, subsidiaries, affiliates, employees, agents, distributors, third party content providers, or licensors (and their respective directors, officers, employees, and agents)) from and against all claims, liability, and expenses, including attorneys’ fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. Crossflow Learning reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Incidental or Consequential Damages

Notwithstanding any provision hereof, it is expressly agreed that the Crossflow Learning shall not be liable to the customer for any punitive, incidental, consequential, indirect or special damages, nor for any loss of profits or business interruption or loss of use, whether the liability is based in contract, warranty, tort (including negligence and strict liability) statute or otherwise.

Third Party Affiliates

Unless stated otherwise, this web siteis not endorsed by, directly affiliated with, maintained, or sponsored by any of the companies mentioned in any of the courses. All product and company names are the registered trademarks of their original owners. The use of any trade name or trademark is for identification and reference purposes only and does not imply any association with the trademark holder of their product brand.

Certification

All certificates awarded by Crossflow Learning are certificates of completion. These certificates are assessment-based only on material contained within the website.
Crossflow Learning does not provide professional certifications, accreditations, or credentials.
Unless stated otherwise, any Crossflow Learning course content/certificate that references an external standard does not constitute a professional certification, accreditation, or credential for that standard.
Unless stated otherwise, any Crossflow Learning course content/certificate that references a process or procedure does not constitute a professional certification, accreditation, or credential for that process or procedure.
Unless stated otherwise, all content and certifications provided Crossflow Learning do not replace product manufacturer or recognized standard certification, accreditation, or credentials.
Crossflow Learning has no way of observing process, procedures, and any other material laid out in the courses offered on the site. As such, Crossflow Learning makes no guarantee of expectations to any certification awarded to an individual.

Liability

Except for fraud or fraudulent misrepresentation and to the maximum extent permitted by applicable law, in no event will Crossflow Learning be liable for any indirect, special, incidental, or consequential damages arising out of this agreement, including, without limitation, damages for loss of profits, revenues, goodwill, business or business opportunity, anticipated savings or wasted management time, work stoppage, loss, deletion or corruption of content or data, computer failure or malfunction, denial of service, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In any case except for fraud or fraudulent misrepresentation, Crossflow Learning’s entire liability under any provision of this agreement shall not exceed the total subscription payments made to Crossflow Learning by you in the preceding six (6) months, notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not be applicable. Crossflow Learning is not responsible for any liability arising out of content provided by you, end users or a third party that is accessed through the portal and/or any material linked through such content.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Unless stated otherwise, Crossflow Learning does not guarantee the accuracy of any stated referenced standard, referenced process, referenced procedure, or referenced product.
Technical support is only provided to paying account holders.
You understand that Crossflow Learning uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
You agree not to perform misrepresentation of yourself, or disguising the origin of any content (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Crossflow Learning or any third party).
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Crossflow Learning.
You agree not to violate the privacy of others, including publishing or posting other people’s private and confidential information without their express permission, or collecting or gathering other people’s personal information (including account names or information) from Crossflow Learning.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
We retain the right to contact you from time-to-time via email. You can remove yourself easily from the newsletter lists. You can also request to be removed from all communication emails by contacting our support team.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Crossflow Learning customer, employee, member, or officer will result in immediate account termination.
Crossflow Learning won’t allow: (a) Compromising the integrity of our systems. This could include probing, scanning, or testing the vulnerability of any system or network that hosts our services. (b) Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the services, related systems, networks, or data. (c) Modifying, disabling, or compromising the integrity or performance of the services or related systems, network or data. (d) Deciphering any transmissions to or from the servers running the services. (e) Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.).
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not use meta-tags or any other “hidden text” including and their partners, affiliates, and sponsors’ product names or trademarks.
You must not access or search any part of Crossflow Learning by any means other than our publicly supported interfaces.
Crossflow Learning and their partners, affiliates, and sponsors do not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, secure, or error-free, and (iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations.
You expressly understand and agree that Crossflow Learning and their partners, affiliates, and sponsors 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: (i) the use or the inability to use the service; (ii) 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 service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of Crossflow Learning to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Crossflow Learning and govern your use of the Service, superseding any prior agreements between you and Crossflow Learning (including, but not limited to, any prior versions of the Terms of Service).
Crossflow Learning (in its sole discretion) determines that a user has violated these Terms of Service.
Questions about the Terms of Service should be sent to: crossflowlearning at gmail dot com