Terms of Use

Welcome to WFTDA Online Learning.

Please read these Terms of Service ("TOS"), the Privacy Policy and Honor Code prior to using any portion of WFTDA Online Learning (the "Site"). These TOS, the Privacy Policy and the Honor Code are agreements (the "Agreements") between you and WFTDA Online Learning. By using the Site, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user. If you do not understand or do not wish to be bound by the terms of the Agreements, you may not use the Site.

WFTDA Online Learning reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.

RULES FOR ONLINE CONDUCT AND WFTDA ONLINE LEARNING HONOR CODE

You agree that you will use the Site in compliance with these TOS, the Honor Code and all applicable local, state, national and international laws, rules and regulations, including trademark and copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws.

Every User shall pay attention to behave appropriately towards other Users and to not make any defamatory or vexatious statements while exchanging views and opinions in discussion forums.

THE FOLLOWING LIST OF ITEMS IS STRICTLY PROHIBITED ON THE SITE:

Content or behavior that defames, harasses or threatens others;

Content that discusses illegal activities with the intent to commit them;

Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks;

Profane, pornographic, obscene, indecent or unlawful content;

Advertising or any form of commercial solicitation;

Content related to partisan political activities;

Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar software that may damage the operation of another's computer or property; and

Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.

WFTDA ONLINE LEARNING HONOR CODE

Further, by using this Site and access any course, I agree that I will:

Complete all tests and assignments on my own and without external help, unless collaboration on an assignment is explicitly permitted, and without the aid of materials other than more explicitly permitted for the course.

Not engage in any activity that would dishonestly improve my results, or improve or hurt the results of others.

Not post answers to problems that are being used to assess users performance and not make available any solutions to homeworks, examinations or other assignments to others.

VIOLATIONS

If you are found in violation of the Terms of Service or Honor Code, you may be subject to one or more of the following actions:

Receiving no credit for an assignment or a course;

Having any certificate earned in the course withheld or revoked;

Being unenrolled from a course; or

Termination of your use of the Site.

Additional actions may be taken at the sole discretion of WFTDA Online Learning.

You will be notified if a determination has been made that you have violated this honor code and you will be informed of the corresponding action to be taken as a result of the violation.

YOUR RIGHT TO USE CONTENT ON THE SITE

Unless indicated as being in the public domain, the content on the Site is protected by United States and foreign copyright laws. Unless otherwise expressly stated on the Site, the texts, exams, video, images and other instructional materials provided with the courses offered on this Site are for your personal use in connection with those courses only.

You agree to retain all copyright and other notices on any content you obtain from the Site. All rights in the Site and its content, if not expressly granted, are reserved.

LINKS TO OTHER SITES

The Site may include hyperlinks to sites maintained or controlled by others. WFTDA Online Learning is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.

DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES

THE SITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.

WFTDA ONLINE LEARNING (AS HEREINAFTER DEFINED) DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS.

USE OF THE SITE, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE SITE, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS OR DATA THROUGH THE SITE OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR IN THE WFTDA PRIVACY POLICY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WFTDA ONLINE LEARNING WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY'S) USE OF OR INABILITY TO USE THE SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.

IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WFTDA ONLINE LEARNING WILL NOT HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR WFTDA ONLINE LEARNING HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA OR INTERRUPTION IN AVAILABILITY OF DATA).

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, hold harmless and indemnify WFTDA Online Learning, and their respective subsidiaries, affiliates, volunteers, governing board members and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, WFTDA Online Learning will provide you with written notice of such claim, suit or action.

MISCELLANEOUS

Termination Rights; Discontinuation of Courses and Content.

You agree that WFTDA Online Learning in its sole discretion, may terminate your use of the Site or your participation in it, for any reason or no reason, upon notice to you. It is WFTDA Online Learning’s policy to terminate in appropriate circumstances the accounts of users of the Site who are repeat copyright infringers. WFTDA Online Learning reserves the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through WFTDA Online Learning, or to cease providing any part or all of the Site content or related services, and you agree that WFTDA Online Learning will not have any liability to you for such an action. If you no longer desire to participate in the Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Site, but the other provisions of these TOS will survive any such termination.

Entire Agreement.

These TOS, the Honor Code, and the Privacy Policy together constitute the entire agreement between you and WFTDA Online Learning with respect to your use of the Site, and supersedes any prior agreements between you and WFTDA Online Learning regarding your use of the Site.

Waiver and Severability of TOS.

The failure of WFTDA Online Learning to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these TOS shall remain in full force and effect.

Choice of Law/Forum Selection.

You agree that these TOS and any claim or dispute arising out of or relating to these TOS or any content or service obtained from or through the Site will be governed by the laws of the state of Texas, without regard to conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Travis County. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).

Effective Date: May 22nd 2020