ITX Learning | Use Agreement and Terms of Service
YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THIS PRODUCT. IT CONTAINS SOFTWARE, THE USE OF WHICH IS LICENSED BY ITX LEARNING PARTNERS, LLC (ITX or “ITX LEARNING”), TO ITS CUSTOMERS FOR THEIR USE ONLY AS SET FORTH BELOW. PLEASE SUBMIT THE FORM AT THE BOTTOM OF THIS PAGE TO ACCEPT THIS AGREEMENT.
This Use Agreement, including the purchase agreement, Software and Web Site(s) License (collectively, the “Use Agreement”), is a legal document between you (“User”, “user”, “You”, or “you”), an individual, and ITX Learning that details the rights and obligations of your use of any websites owned, operated, or authorized by ITX Learning (“Web Site(s)”), if applicable, your use of computer programs furnished to you online, via download, or other media delivery by ITX Learning (“Software”), and, if applicable, your purchase of Software. When you use the Web Site(s), the terms regarding use of the Web Site(s) apply to you and you accept these conditions. If you pay to access the Software, the terms regarding use of the Software apply to you. If you purchase ITX Learning products offline or for offline use, please refer to the End User License Agreement (“EULA”) included with the products for terms governing your use of such ITX Learning products. Use of the Web Site(s) and the Software is licensed, not sold, to you by ITX Learning or one of its licensed affiliates for use under the terms of this Use Agreement and ITX Learning and its applicable licensors reserve any rights not expressly granted to you herein.
If you have any questions regarding this Use Agreement, the Web Site(s), or any of your rights and obligations related to your purchase of Software or use of the Web Site(s) or use of the Software, you should contact our Customer Service team by emailing email@example.com or by calling 1-833-489-7737. You and ITX Learning agree that the services covered by this Use Agreement are delivered by ITX Learning or its authorized agents or contractors in U.S.A.
PURCHASE ACCEPTANCE AND AGREEMENT
CHANGES TO THE USE AGREEMENT
Your ITX Learning purchase may include sales tax as required or permitted by law.
By affirmatively ordering ITX Learning products, you consent to receive all communications, including agreements, notices, legally required disclosures and other information relating to the Web Site(s), ITX Learning products, or Software electronically from ITX Learning. You agree that ITX Learning may send you electronic notice by e-mail and/or by notice on the Web Site(s) or Software. You must have Internet access to access electronic communications, Adobe Acrobat Reader and a printer attached to your computer or network to print any notices.
You may withdraw your consent to receive notices electronically by contacting ITX Learning, 2240 Belleair Rd, Suite 225, Clearwater, FL 33764. However, if you choose to withdraw consent, ITX Learning may terminate your Online Access or terminate your license to use the ITX Learning products. All registrations, terms, and agreements will be completed electronically according to terms and stipulations of the individual sections of this agreement and for all legal purposes will be considered to be in writing and legally enforceable as a signed writing.
EXAMFORCE ACQUISITION AND ITS CUSTOMERS
ITX Learning acquired ExamForce assets in July of 2017. For more information regarding this acquisition and ITX Learning’s current fulfillment policy, please click here. Inquiries can be made at firstname.lastname@example.org.
For details on our refund deadlines and policies, please refer to the information below; note that our policies differ for subscription payments vs. one-time course and Specialization purchases and that payment options may vary from one Service to another.
If you enroll and pay for Subscription, Single Title, or Specialization Pack, ITX Learning will offer you a refund until 7 days after the course(s) are set up in the LMS (access.itxlearning.com). Activation fees are a non-refundable charge.
Any returns accepted at ITX Learning’s discretion after the 7-day refund policy stated above will be subject to a 35% cancellation processing fee.
- For Month-to-Month All-Access Subscriptions
Your Month-to-Month All-Access Subscription will continue on a month-to-month basis unless and until the subscription duration expires, you cancel your subscription, or the subscription is suspended or discontinued by ITX Learning. ITX Learning does not offer refunds for payments made on a subscription plan. You must cancel your subscription before your monthly renewal date to avoid the next billing.
If you cancel your subscription, the cancellation will be effective at the end of the current month billing period, at which point you will no longer have access to your subscription.
- For Annual All-Access Subscription (Payment Plan OR Pre-Paid)
Your ITX Learning Annual All-Access Subscription will continue for the duration of the term of the subscription unless you cancel the subscription or is suspended/discontinued by ITX Learning. If you cancel your order before the end of the subscription term, you are subject to a minimum 35% cancellation fee or a pro-rated rate, calculated by your total subscription cost multiplied by the percentage of the remaining term, whichever is greater at the time of cancellation.
If the payment plan terms agreed at the time of purchase are not met, your account will be suspended until payment is made and the account is brought current.
If you cancel your subscription before the payment plan terms agreed at purchase, your access to the LMS portal (access.itxlearning.com) will be discontinued.
- For Single Title and Specialization Pack Purchases
ITX Learning course(s) remain active in your portal for 12 months from the date of purchase at which time your registration will expire.
- For Other Paid Services
Except as described in this Refund Policy or as explicitly stated as part of the sign-up process for a Service, ITX Learning has no obligation to provide refunds or vouchers for any other Services.
FOREIGN CURRENCY AND EXCHANGE RATES
ITX Learning Partners accepts credit card payments from international customers who are paying using Visa, Mastercard, or American Express. We accept credit card transactions denominated in the following currencies: USD, CAD, EUR, GBP, AUD, NZD.
ITX Learning Partners accepts check payments from international customers, provided they are denominated in the following currencies: USD, CAD, EUR, GBP.
Any quote generated by ITX Learning Partners in a currency other than USD will be quoted at the conversion rate to USD given by www.xe.com on the day of the quote.
Example: If a quote is generated for $1,250 USD on 1/1/19, the customer wants to pay in CAD, and the conversion rate on that day is $1 CAD = $.7 USD, the quote will be for $1,785.71 CAD.
(Note: In the unlikely event payment is not received within 3 weeks of the date of the generated quote, and in the interim the customer’s currency has changed in value against the USD by more than 5%, ITX Learning Partners reserves the right to request additional payment to cover the difference.)
SOFTWARE DELIVERY FORMAT
ITX Learning offers online delivery of content through its LMS (access.itxlearning.com), up to the duration denoted by the specific terms of the product you purchased.
LINKS TO THIRD PARTY SITES
Many of the Web Site(s) and products contain links that will let you leave the Web Site(s) or product. The linked sites are not under the control of ITX Learning, and you acknowledge that ITX Learning is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. ITX Learning is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ITX Learning of the site.
GRANT OF LICENSE
ITX Learning hereby grants to you for the term dictated by your purchase a non-exclusive, nontransferable, nonassignable, limited right and license to use this Software as is and for its expressed intended purpose not to be used concurrently on more than one computer for your individual, personal, non-commercial use.
You may not share this Software with or allow others to view the contents of this Software. You may not alter, merge, modify, improve, translate, reverse engineer, decompile, decrypt, decode, disassemble, adapt, record, capture or create a derivative work of this Software. You may not sell, rent, lease, sublicense, or otherwise transfer or distribute this Software to any other party. You may not use this Software for any commercial timesharing, rental, or service bureau enterprise.
SHARING THIS SOFTWARE WITH OR ALLOWING OTHERS TO VIEW THE CONTENTS OF THIS SOFTWARE OR ALLOWING OTHERS TO USE YOUR ACCOUNT TO ACCESS THE SOFTWARE IS A VIOLATION OF THIS LICENSE.
COPYRIGHTS AND TRADEMARKS
All content included in the Software and on the Web Site(s) is the property of ITX Learning or its third-party licensors and protected by U.S. and international copyright laws.
ITX Learning and other ITX Learning logos are trademarks or registered trademarks of ITX Learning. All other trademarks not owned by ITX Learning that appear in the Software or on Web Site(s) are the property of their respective owners.
Making unauthorized copies of any content may lead to the termination of your access to the Web Site(s) and Software and may subject you to further legal action. Similarly, third-party licensors may take criminal or civil action against you. In that event, you agree to hold harmless ITX Learning and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
You may not use the Software for benchmarking or performance testing. You may not reverse engineer, decompile, disassemble or otherwise reduce the Software to any human perceivable form. You may not modify, adapt, translate, rent, lease, loan or create derivative works based upon the Software or Web Site(s) or any parts thereof. You may not reproduce, transmit, edit, alter, modify, create derivative works of, rent, lease, loan, resell or distribute the Software or Web Site(s), in whole or in part. You may not copy, download or otherwise transfer the Software or content from the Web Site(s) to your computer or any other computer or storage device. You may not remove any proprietary markings of ITX Learning or its licensors. ITX Learning is not responsible for lost, stolen, undelivered, unreceived, or otherwise misplaced communication by you to ITX Learning or by ITX Learning to you whether it be electronic or physical regardless of reason or intention.
You acknowledge that the Web Site(s) and the Software may contain bugs, omissions, typographical errors or other errors. ITX Learning reserves the right to make improvements and changes to the Web Site(s) and the Software at any time without notice or liability to you; provided however that ITX Learning is under no obligation to make such improvements or changes. You acknowledge and agree that ITX Learning has no obligation to support or update the Web Site(s) or the Software and has no obligation to provide you with any support, maintenance, corrections, “bug fixes,” updates, new versions or revisions thereto. You understand that ITX Learning’s introduction of various technologies may not be consistent across all platforms and that the performance of the Web Site(s) may vary depending on your Internet connection, your computer and other equipment.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
USER AGREES THAT THE WEB SITE(S) AND THE SOFTWARE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. ITX LEARNING MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEB SITE(S) OR THE SOFTWARE, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS THEREFOR, INCLUDING WITHOUT LIMITATION, ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ITX LEARNING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE VIRUS OR ERROR FREE OR THAT DEFECTS, IF ANY, IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE AND ACKNOWLEDGE THAT YOU ARE USING THE WEB SITE(S) AND INSTALLING THE SOFTWARE AT YOUR OWN RISK. ITX LEARNING DOES NOT WARRANT OR REPRESENT THE ACCURACY OR RELIABLITY OF THE USE OR RESULTS OF THE USE OF THE WEB SITE(S) OR SOFTWARE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ITX LEARNING OR AN ITX LEARNING REPRESENTATIVE SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY OR THE LICENSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. ITX LEARNING MAY GIVE YOU THE OPPORTUNITY TO INSTALL SOFTWARE OR PROGRAMS PROVIDED BY OTHER COMPANIES (“THIRD-PARTY PROGRAMS”) ON YOUR COMPUTER. YOU ACKNOWLEDGE THAT SUCH THIRD-PARTY PROGRAMS MAY NOT BE ERROR FREE OR ACCURATE, AND THEREFORE YOU ACKNOWLEDGE AND AGREE THAT BY INSTALLING SUCH THIRD-PARTY PROGRAMS ON YOUR COMPUTER, YOU DO SO AT YOUR OWN RISK. YOU AGREE TO COMPLY WITH ALL LICENSE TERMS FOR THIRD-PARTY PROGRAMS THAT ARE DISCLOSED TO YOU BY ITX LEARNING. YOU ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO THE THIRD-PARTY PROGRAMS. THE LICENSE TERMS FOR SOME SUCH THIRD-PARTY PROGRAMS ARE AVAILABLE FROM THE ORIGINATING OR LINKED THIRD-PARTY SITE.
NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS AGREEMENT, ITX LEARNING SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER, WHETHER ARISING IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF DATA, COMPUTER REPAIR COSTS, LOST PROFITS OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE, THE RESULTS OF THE USE, OR THE INABILITY TO USE THE SOFTWARE OR THIRD-PARTY PROGRAMS, EVEN IF ITX LEARNING HAS BEEN ADVISED OF, OR SHOULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. USER’S SOLE REMEDY SHALL BE TO DISCONTINUE ACCESS TO AND USE OF WEBSITE(S), THE SOFTWARE, AND IF APPLICABLE, TERMINATE USER’S CONTINUING ACCESS PLAN. ITX LEARNING’S AGGREGATE LIABILITY FOR ANY BREACH OF THIS AGREEMENT SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF THE SOFTWARE LICENSED UNDER THIS AGREEMENT.
EXPORT CONTROL LAWS
All ITX LEARNING products and services, including Software and documentation, available on the Web Site(s) are subject to the export control laws and regulations of the United States. ITX Learning’s Software is prohibited for export or re-export to any person or entity on the U.S. Department of Commerce Denied Persons, Entities and Unverified Lists, the U.S. Department of State’s Debarred List, or on the U.S. Department of Treasury’s lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers or Specially Designated Terrorists, as the same may be revised from time to time, or for use with chemical or biological weapons, sensitive nuclear end-users, or missiles. By downloading or using the Software from the Web Site(s), you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list.
Use Agreement shall be governed in its construction, interpretation, and performance by the laws of the State of Florida, without reference to law pertaining to choice of laws or conflict of laws. In the event of any claim or dispute arising out of or relating to this agreement or the breach, termination, validity, or enforcement of this agreement, venue shall be exclusively in Pinellas County, Florida.
You agree to defend, indemnify and hold harmless ITX Learning and its employees, contractors, officers, and directors from all liabilities, claims and expenses, including attorneys’ fees that arise from a breach of this Agreement for which you are responsible. ITX Learning reserves the right to assume the exclusive defense and control of any matter otherwise subject to your indemnification obligation.
In the event any provision of this License Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefore.
This Agreement sets forth the entire understanding and agreement between you and ITX Learning, LLC, supersedes all prior agreements, whether written or oral, with respect to the Software, and may be amended only in a writing signed by both parties.
Last updated: 08/01/18
SUBMIT THIS FORM AS ACCEPTANCES OF THESE TERMS BEFORE PURCHASE.