Academy Terms & Conditions

Updated: March 27, 2018

PLEASE READ THESE TERMS CAREFULLY BEFORE ORDERING ANY PRODUCTS FROM THE WEBSITE. PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE (SECTION 16). YOU AND SITEIMPROVE AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION.

1. Definitions.

a. “Course” or “Courses” refers to the courses listed on the Website.
b. “Siteimprove ,” “our”, “us”, or “we” refers to Siteimprove, Inc., 7807 Creekridge Circle, Minneapolis, MN 55439, USA.
c. “Terms” refers to these Terms and Conditions.
d. “Website” refers to https://siteimprove.litmos.com.
e. “You” or “your” refers to the user of the Products.

2. Acceptance of the Terms.

These Terms are applicable to your use of the Courses and you must agree to be bound by these Terms to receive access to the Courses. This agreement is established with a click of a checkbox at the appropriate place prior to submitting the offer to purchase access to the Courses and the subsequent acceptance of that offer by Siteimprove. If you do not agree to the Terms, then Siteimprove will not accept your offer and you will not be authorized to access the Courses.

3. Changes to the Fees:

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Courses.

4. Payment:

Payment for the Courses may only be made with a credit card or debit card through our third party provider. You acknowledge and agree that Siteimprove is authorized to charge that payment method immediately.

5. Ownership and License of the Courses:

Siteimprove owns and shall remain the sole owner of all intellectual property rights vested in the Courses. This ownership right includes any inventions, patents, utility model rights, copyrights, design rights, mask works, trademark rights, or know-how, whether registered or not. The right to use the Courses is worldwide, non-transferable, non-assignable and solely for Your internal business purposes or personal use. You have no right to copy, rent, lease, assign, transfer, sublicense, display or otherwise distribute or make the Courses available to any third party or user that has not registered for the Course. You may not remove or alter any trademark, logo, copyright or other proprietary notices associated with the Courses. The Courses may not be: (a) modified, incorporated into or combined with other software, or created as a derivative work; or (b) relied upon or cited as any certification of adherence to any professional standard or governmental regulatory requirements. You may not modify, disassemble, decompile or otherwise reverse engineer the Products.

6. Access.

After you make Your payment for Your Course, You will have access to those specific Courses for 90 days. After 90 days, You will no longer be able to access or view those specific Courses. Unused seats or Course(s) are non-refundable.

7. Prohibited Uses.

You agree not to impersonate any other person, entity, or organization while using the Courses or use the Courses for any illegal, immoral or harmful purpose. In the event of such a breach, your right to use the Courses will cease immediately. Direct competitors of Siteimprove are prohibited from accessing the Courses.

8. Siteimprove Trademarks:

The Siteimprove name, logo, and service names, designs and slogans are trademarks of Siteimprove. You may not use such marks without the prior written permission of Siteimprove.

9. DISCLAIMER OF WARRANTIES:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE COURSES IS AT YOUR SOLE RISK AND THAT THE COURSES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY WITH RESPECT TO ITS COMPLETENESS, CONFIDENTIALITY, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM ANY USE OF THE COURSES. SITEIMPROVE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

10. LIMITATION OF LIABILITY:

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SITEIMPROVE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS AND ASSIGNS, SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES THAT MAY BE INCURRED BY YOU, INCLUDING ANY LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, LOSS OF DATA/CONTENT OR THE RESTORATION OF ANY OF THOSE ITEMS, WHETHER OR NOT SITEIMPROVE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. TO THE EXTENT THAT DAMAGES RESULT FROM THE USE OF THE COURSES, THE AGGREGATE LIABILITY OF SITEIMPROVE SHALL BE EQUAL TO THE FEES PAID FOR USE OF THE COURSES OVER THE SIX MONTHS PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

11. Indemnification:

You agree to defend, indemnify and hold harmless Siteimprove, its affiliates, and its and their respective officers, directors, employees, contractors, agents, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees, expenses, and costs) arising out of or relating to Your violation of these Terms or Your use of the Courses.

12. Data Privacy:

Details of Siteimprove’s privacy policy and data collected from the Products can be found at this location: www.siteimprove.com/privacy-policy/.

13. Termination:

Siteimprove may terminate these Terms at any time if: (a) You have breached any term in these Terms; or (b) Siteimprove, in its sole discretion, chooses to no longer provide the Courses.

14. Arbitration:

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH SITEIMPROVE, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM SITEIMPROVE.

All disputes relating to these Terms shall be finally settled by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association and shall take place in Minneapolis, MN by an arbitrator familiar with software contracts and the software industry. The final selection of an arbitrator will be agreed upon in writing by the parties. In the event the parties cannot agree upon the choice of an arbitrator, each party will appoint one (1) individual representative and the two (2) party representatives appointed by each party will, between themselves, choose an arbitrator. Each party shall be obligated to pay its own costs of arbitration and to share equally the cost of the arbitrator(s). Arbitration shall be final and binding upon the Parties and shall be the exclusive remedy for all claims covered by this arbitration provision. Either party may bring an action in court to compel arbitration, to enforce an arbitration award or to obtain temporary injunctive relief pending a judgment based on the arbitration award. Otherwise, neither party shall initiate or prosecute any lawsuit or administrative action in any way related to any arbitrable claim.

YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor Siteimprove can force the other to arbitrate. To opt-out, you must notify Siteimprove in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your Siteimprove account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement. You must send your opt-out notice to one of the following physical or email addresses: Siteimprove, 7807 Creekridge Circle, Minneapolis, MN 55439, USA; legal@siteimprove.com.

15. General Terms:

These Terms are binding upon and will inure to the benefit of the parties, their legal representatives, successors, and assigns. Except as otherwise expressly provided in these Terms, neither party may assign, transfer, convey or encumber these Terms or any rights granted in it, either voluntarily or by operation of law, without the prior written consent of the other party. Any attempt to do so is null and void. Notwithstanding the foregoing, Siteimprove shall have the right to assign these Terms to an affiliate or to a successor entity in the event of a merger, consolidation, transfer, sale, stock purchase, or public offering. All notices to Siteimprove should be sent to: legal@siteimprove.com. All notices to you shall be sent to the email address associated with the account id to access the Courses. To the extent the parties are permitted under these Terms to initiate litigation in a court, these Terms will be governed by and construed in accordance with the laws of Minnesota and the United States of America, except for its conflicts of law rules and principles, and for such litigation, the courts of Minnesota will have exclusive jurisdiction and the parties will submit to the jurisdiction of those courts. The delay or failure of either party to exercise any right, power, or privilege under these Terms is not to be treated as a waiver of that right, power, or privilege. Any provision of these Terms that is prohibited or unenforceable in any jurisdiction is ineffective to the extent of that prohibition or unenforceability in that jurisdiction. The validity, enforceability, or legality of the remaining provisions will not be affected. These Terms constitute and express the entire agreement and understanding between you and Siteimprove with regard to the Courses. These Terms supersede any prior communications, understanding, commitments, or agreements, oral or written, with respect to the Products. You are not relying on any representations or warranties other than those expressly listed in these Terms. The following obligations will survive any expiration of these Terms: 2, 5-12, 14-15.