Apex Learning Academy - Terms and Conditions

1. Acceptance of Terms

Welcome to Apex Learning Academy! By accessing or using our website, online courses, workshops, and related services (collectively, the "Services"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with all of these Terms, you are expressly prohibited from using the Services and you must discontinue use immediately.

2. Modifications to Terms

Apex Learning Academy reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our website. Your continued use of the Services after such changes have been posted constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for updates.

3. User Accounts

To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account or password. Apex Learning Academy reserves the right to suspend or terminate your account if we suspect that you have violated these Terms or that your account is being used for unauthorized or illegal activities.

4. Course Enrollment and Payment

Enrollment in our online courses and workshops is subject to availability. Apex Learning Academy reserves the right to cancel or reschedule any course or workshop at any time. In the event of cancellation by Apex Learning Academy, you will receive a full refund of any fees paid. Payment for courses and workshops is due at the time of enrollment. We accept various forms of payment, as indicated on our website. All fees are non-refundable except as expressly stated in these Terms.

5. Intellectual Property

All content included as part of the Services, such as text, graphics, logos, images, videos, and software, is the property of Apex Learning Academy or its licensors and is protected by copyright and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any content without the express written consent of Apex Learning Academy. You are granted a limited, non-exclusive, non-transferable license to access and use the content solely for your personal, non-commercial use in connection with your participation in our courses and workshops.

6. Acceptable Use Policy

You agree to use the Services in a manner that is consistent with all applicable laws and regulations and that does not infringe the rights of others. You agree not to:

• Use the Services for any illegal or unauthorized purpose.
• Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available.
• Attempt to gain unauthorized access to any portion of the Services or to any other user's account.
• Upload or transmit viruses, malware, or any other harmful code.
• Engage in any form of harassment, bullying, or discrimination.
• Post or transmit any content that is offensive, defamatory, or obscene.
• Use any automated means to access or collect data from the Services.

7. User-Generated Content

You may be able to submit content to the Services, such as comments, forum posts, or project assignments. By submitting content, you grant Apex Learning Academy a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and distribute your content in connection with the Services. You represent and warrant that you have the right to grant this license and that your content does not infringe the rights of any third party. Apex Learning Academy reserves the right to remove any content that violates these Terms or that we deem to be inappropriate.

8. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APEX LEARNING ACADEMY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APEX LEARNING ACADEMY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO APEX LEARNING ACADEMY FOR THE SERVICES IN THE TWELVE MONTHS PRIOR TO THE CLAIM.

10. Indemnification

You agree to indemnify and hold Apex Learning Academy harmless from any and all claims, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or in connection with your use of the Services, your violation of these Terms, or your infringement of any rights of another person or entity.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. Any legal action or proceeding arising out of or in connection with these Terms shall be brought exclusively in the state or federal courts located in Chicago, Illinois, and you consent to the jurisdiction of such courts.

12. Termination

Apex Learning Academy may terminate your access to the Services at any time, with or without cause. You may terminate your account at any time by contacting us at [email protected]. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, but not limited to, intellectual property provisions, disclaimers, limitations of liability, and indemnification.

13. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Apex Learning Academy
Legal Department
225 N Michigan Ave, Suite 2200
Chicago, IL 60601
Email: [email protected]
Phone: (312) 555-2000

14. Entire Agreement

These Terms constitute the entire agreement between you and Apex Learning Academy with respect to the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Apex Learning Academy.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

16. Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by Apex Learning Academy. No waiver of any breach of these Terms shall constitute a waiver of any other breach or of such provision.

Effective Date: January 1, 2025