Last Updated: January 2023
“User” means any of the following:
- a “Visitor,” meaning you simply browse the Class Sites, including, without limitation, through a mobile or other wireless device, or otherwise use the Class Sites without being registered;
- a “Student,” meaning that you have registered with WorkForge for a User ID and User Password (defined below), will complete the homework assignments and exams, and have enrolled in and paid for access to services, content, and/or certification provided by WorkForge or its Educational Partners (defined below); or
- an “Attendee,” meaning that you have registered with WorkForge for a User ID and User Password (defined below) and that you intend to attend or view the Online Course lectures online without accessing final projects or assessments required for certification, or completing the homework assignments, exams or other course work related to assessments for certification.
User Accounts and User Account Security
While any Visitor can view the Class Sites, to use the Class Sites and take part in the Online Courses as an Attendee or a Student, you must select a login identification (“User ID”) and a user password (“User Password”) that is unique and entirely different from your User ID (collectively, a “User Account”). Each User is limited to one User Account. You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. Users who violate this policy may have their User Account suspended or terminated.
You are responsible for maintaining the security of your User Account. You agree and understand that you are solely responsible for your account security settings, protection of confidential information (e.g., your password), and all consequences that stem from activities occurring with your User Account. You also agree that we are not responsible for any unauthorized use of your User Account or unauthorized payment methods. If you suspect that your User Account or login information has been compromised, you should immediately change your User Password and notify us. You further agree to promptly notify us of any security breach relating to your User Account.
User Registration; Accuracy of Information Provided by You
The Class Sites are available to any User. However, access to the Online Courses is restricted to Attendees or Students that have a registered User Account. By registering, you agree that you are registered for the Online Courses only once.
In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, it shall constitute a material breach of this agreement and may result in the suspension or termination of your use of the Class Sites and your enrollment in the Online Courses.
Educational Partners and Requirements
WorkForge may make certain Online Courses available to Students and Attendees in partnership with or on behalf of its Educational Partners. Your access to such Online Courses may be provided to you through your single User Account. You acknowledge and agree that any Online Course affiliated with an Educational Partner may be subject to terms, policies and procedures of the applicable Educational Partner in addition to the terms, policies and procedures of WorkForge. Without limiting the foregoing, if you are a student registered or enrolled at, or are otherwise attending, an Educational Partner and are taking an Online Course for credit or certification through that Educational Partner, you acknowledge and agree that (a) the Educational Partner may have its own terms, policies or procedures regarding your eligibility to participate in the Online Course, your participation in the Online Course, the requirements or prerequisites for receiving credit or certification for the Online Course, and/or your educational or student records as they may relate to your participation and performance in the Online Course, and (b) your educational or student records are maintained by the Educational Partner, including for purposes of assigning credit or certification, and not WorkForge.
User Conduct Policy
To the extent you are registered or enrolled as a Student in, or are otherwise attending, an Educational Partner or other institution with its own policy regarding student and/or employee conduct or an “honor code,” those terms shall apply to you as a student and/or employee of such institution with respect to your use of the Class Sites and/or Online Courses.
Additionally, unless the following conflicts with such a policy or honor code, as a condition of accessing the Class Sites and/or the Online Courses, you agree not to:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others, or otherwise engage in any act or omission that WorkForge believes is hateful, offensive, illegal, unprofessional, or otherwise inappropriate;
- if a Student, cheat on any homework assignment or exams for the Online Courses, post online any Secured Testing Materials (as defined below), share solutions to homework assignments or exams;
- reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Online Courses;
- use WorkForge’ name, Marks, Class Sites, Online Courses, Content, or other materials in connection with, or to transmit, any unsolicited communications or emails;
- use any high volume, automated, or electronic means to access the Class Sites or Online Courses (including without limitation robots, spiders or scripts);
- frame the Class Sites or Online Courses, place pop-up windows over its pages, or otherwise affect the display of its pages;
- falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present;
- attempt to gain unauthorized access to the Class Sites or Online Courses, other accounts, computer systems or networks connected to any server thereof or to any of the websites linked to the Class Sites or Online Courses through hacking, password mining or any other means;
- use data mining, robots, screen scraping or similar data gathering and extraction tools on the Class Sites or Online Courses;
- delete any attributions, legal or proprietary notices on the Class Sites or the Content;
- force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Online Courses;
- interfere with or disrupt the Online Courses or servers or networks connected to the Online Courses, or disobey any requirements, procedures, policies or regulations of networks connected to the Online Courses;
- use the Class Sites or Online Courses in any manner that could damage, disable, overburden, or impair any servers thereof, or the network(s) connected to any server thereof, or interfere with any other party’s use and enjoyment of the Class Sites or Online Courses;
- use the Class Sites or Online Courses if you are not able to form legally binding contracts;
- use the Class Sites or Online Courses to harvest or otherwise collect information about others, including but not limited to e-mail addresses;
- Fail to abide by, or breach of, any third party payment processor’s terms of service or any other policies applicable to purchases you make by or through the Class Sites or Online Courses;
- post, upload, or transmit to or otherwise make available through the Class Sites or Online Courses any content, communications, or other information (collectively, “Unauthorized Content”):
- that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
- that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- that consists of any high volume, automated, or electronic means to access the Class Sites (including without limitation robots, spiders or scripts);
- that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
- that violates the rights of other Users of the Class Sites or Online Courses; or
- that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
Additional Requirements for Students
- WorkForge and the instructors maintain the right and ability to adapt, modify or revise the Online Courses or rearrange the schedule of topics for the Online Courses WorkForge and/or the instructors deem appropriate, including changing the point value or weight of assignments, tests, quizzes, exams, projects and other such evaluations of progress.
- You are registering with the intent to complete online coursework, complete homework assignments, take and submit exams and other activities related to taking the class.
- If you are taking an Online Course for academic credit or certification as a student of, or otherwise through, an accredited university or other educational institution, corporate sponsor and non-profit foundation or institution (each an “Educational Partner”), any such credit or certification may only be awarded directly by the Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive credit or certification; and, in any event, WorkForge will not have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for any Online Course.
- If you are not taking an Online Course for academic credit or certification provided by an Educational Partner, then, subject to your satisfactory performance determined in the sole discretion of WorkForge, you may be awarded a verified certificate of accomplishment upon conclusion of the applicable Online Course (“Verified Certificate”), and you acknowledge that any such Verified Certificate awarded may not be affiliated with any college, university, company, or other certifying institution, and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner.
- You acknowledge that instructors of any Online Course will not be obligated to make any attempts to get the course recognized by any accredited or other educational institution.
- You will abide by any applicable policies or honor code adopted by the applicable Educational Partner.
WorkForge Intellectual Property Rights
You agree that WorkForge (or its affiliates or third party licensors) own all right, title, and interest in and to the Online Courses, including the Class Sites, the trademarks and service marks which may appear on the Online Courses (“Marks”), and all content or other material available on the Class Sites or through the Online Courses, including but not limited to online lessons, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”). You acknowledge and agree that all Marks and Content included in the Online Courses are protected by United States and international copyright and trademark laws.
From time to time, WorkForge may include software, code, instructions, or other such information in the Content or materials for the Online Courses; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the “Disclaimer of Warranties” and “Limitation of Liabilities” sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. WorkForge and/or its affiliates and licensors reserve all rights not expressly granted herein to the Class Sites, Online Courses, Content, and Marks.
License for Class Sites and Online Courses
The Online Courses may provide you with the ability to upload or otherwise transmit forum posts, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Class Sites or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). Subject to the license granted to WorkForge below, as between User and WorkForge, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.
With respect to any User Content you submit to WorkForge (including for inclusion on the Class Sites or Online Courses) or that is otherwise made available to WorkForge, you hereby grant WorkForge an irrevocable, worldwide, perpetual, royalty-free and non-exclusive, transferable and sublicensable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display your User Content on the Class Sites or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose). WorkForge reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit WorkForge to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and WorkForge, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Additionally, through your access to/use of the Class Sites and Online Courses, you will provide WorkForge with User Data. “User Data” means, other than Resultant Data (as defined below) any information, data and other content, in any form or medium, that is collected, downloaded or otherwise received, directly or indirectly from a User, by or through the Class Sites or Online Courses. For the avoidance of doubt, User Data includes information reflecting the individual and personal information of any User which could be used to identify them, other than Resultant Data. Subject to the license granted to WorkForge below, as between User and WorkForge, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Data.
“Resultant Data” means information, data and other content that is derived by or through your access to/use of the Class Sites and Online Courses from processing User Data that is sufficiently aggregated and/or de-identified by WorkForge so that the specific underlying User Data cannot be reverse engineered or otherwise identified from the inspection, analysis or further processing of such information, data or content. As provided below, WorkForge is the sole and exclusive owner of any and all rights, title and interest in and to the Resultant Data.
You hereby unconditionally and irrevocably acknowledge and agree that all right, title and interest in and to the Resultant Data shall remain the sole property of WorkForge. You hereby assign all interests and rights you have in and to any Resultant Data to WorkForge, and further waive all rights, title, interest, or moral rights in the Resultant Data, and agree to execute any documents or instruments as may be reasonably necessary to give effect to such assignment and waiver, and as requested by WorkForge in order to secure its foregoing intellectual property rights to the Resultant Data.
Third Party Intellectual Property Rights
The Class Sites and Online Courses may also contain intellectual property rights owned by third parties. The ownership of all such third-party intellectual property rights, including but not necessarily limited to copyrights and trademarks, are owned by their respective owners, and neither you nor WorkForge shall acquire any ownership or other interest in such third parties’ intellectual property rights except as may be dictated by applicable law.
Communication Through Online Courses
To purchase any services or products offered by WorkForge through the Class Sites, you must have internet access and a current valid payment method that is accepted by WorkForge at the time of purchase. WorkForge reserves the right to expand or limit its payment methods at any time. You also agree to pay for the products you purchase through the WorkForge Class Sites as they become due in accordance with the terms of your order.
You agree to WorkForge, or its third-party payment provider, storing the payment information you provide through the Class Sites.
In conjunction with each payment you make to through the use of the Class Sites, or which a third party makes on your behalf, you warrant that the payment information is true and correct (e.g., valid credit card information). Further, you understand and agree that any declined payment may lead to additional fees (e.g., dishonored credit card) and to the suspension or termination of your User Account and access to and use of the Online Courses.
If you, as a User, are unhappy with an Online Course, have not accessed any course assessment, and request a refund within thirty (30) days of the date that you paid the one-time fee to the Course (“Course Fee”), we will provide you with a full refund of the Course Fee. To request a refund, you must send an email to [firstname.lastname@example.org] within thirty (30) days of the date that you paid the Course Fee. You may not request a refund by telephone. If a refund is issued for an Online Course for certification, you’ll no longer receive certification and associated services for the Online Course.
The following refund policy applies for Missouri and Indiana Self-Pay Resident Students Only:
REFUND POLICY: CORRESPONDENCE POSTSECONDARY PROPRIETARY EDUCATIONAL INSTITUTION’S.
The institution shall cancel a Student’s enrollment upon request of the Student. The Student’s obligation at the time of cancellation will be calculated as follows:
- A Student is entitled to a full refund if one (1) or more of the following criteria are met:
- After six (6) days, but before beginning of training, a registration fee of 20% of the total tuition not to exceed $100.00.
- The Student does not meet the postsecondary proprietary educational institution’s minimum admission requirements.
- The Student’s enrollment was procured as a result of a misrepresentation in the written materials utilized by the postsecondary proprietary educational institution.
- If the Student has not visited the postsecondary educational institution prior to enrollment, and, upon touring the institution or attending the regularly scheduled orientation/classes, the student withdrew from the program within three (3) days.
- A Student withdrawing from an instructional program, after starting the instructional program at a postsecondary proprietary institution and attending one (1) week or less, is entitled to a refund of ninety percent (90%) of the cost of the financial obligation, less an application/enrollment fee of ten percent (10%) of the total tuition, not to exceed one hundred dollars ($100).
- A Student withdrawing from an instructional program, after attending more than one (1) week but equal to or less than twenty-five percent (25%) of the duration of the instructional program, is entitled to a refund of seventy-five percent (75%) of the cost of the financial obligation, less an application/enrollment fee of ten percent (10%) of the total tuition, not to exceed one hundred dollars ($100).
- A Student withdrawing from an instructional program, after attending more than twenty-five percent (25%) but equal to or less than fifty percent (50%) of the duration of the instructional program, is entitled to a refund of fifty percent (50%) of the cost of the financial obligation, less an application/enrollment fee of ten percent (10%) of the total tuition, not to exceed one hundred dollars ($100).
- A Student withdrawing from an instructional program, after attending more than fifty percent (50%) but equal to or less than sixty percent (60%) of the duration of the instructional program, is entitled to a refund of forty percent (40%) of the cost of the financial obligation, less an application/enrollment fee of ten percent (10%) of the total tuition, not to exceed one hundred dollars ($100).
- A Student withdrawing from an institutional program, after attending more than sixty percent (60%) of the duration of the instructional program, is not entitled to a refund.
Indiana residents enrolled in Career Package or Skills Certificate programs have the right to contact the Office of Career and Technical Schools if a conflict cannot be resolved with WorkForge.
Indiana Department of Workforce Development
Office of Career and Technical Schools
10 North Senate Avenue, Room 304
Indianapolis, IN 46204
Availability and Limitations; Maintenance
You acknowledge and agree that WorkForge’s services and products, including the Online Courses and Class Sites, are not available at all times, and that certain usage limits may apply. You also understand that WorkForge, at its sole discretion, may limit, suspend, or terminate your access to and use of all WorkForge-provided services, such as to Online Courses, evaluation services, or certifications. You also understand that WorkForge may modify or discontinue all services related to its Online Courses at its sole discretion.
WorkForge reserves the right to perform maintenance on the Class Sites and Online Courses whenever it deems reasonably necessary. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. WorkForge will attempt to communicate any expected prolonged system outage to Users in advance of such outage. WorkForge is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, labor strike or shortage, or any other condition that is reasonably outside of WorkForge’s control
Changes to Class Sites and Online Courses
Assumption of Risk
The Class Sites and the Online Courses are intended for information purposes only. When you access the Class Sites, the Online Courses, download or upload content on the Class Sites or Online Courses, proceed to other websites linked therein, or interact with the Class Sites or Online Courses in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments or corruption of data.
Disclaimer of Warranties
You expressly acknowledge and agree that your use of the Class Sites, the Online Courses and all Content and services available on or through the Class Sites and Online Courses is at your sole risk and responsibility. ACCORDINGLY, YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE ONLINE COURSES AND CONTENT.
THE ONLINE COURSES AND CLASS SITES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS”, “WITH ALL FAULTS” , AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR ACCESS TO AND USE OF THE ONLINE COURSES AND CONTENT.
WORKFORGE DOES NOT WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE CLASS SITES OR ONLINE COURSES, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. WORKFORGE DOES NOT WARRANT THAT THE CLASS SITES OR ONLINE COURSES, CONTENT, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE CLASS SITES, CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE CLASS SITES OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE CLASS SITES OR THE ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE CLASS SITES OR CONTENT WILL BE CORRECTED.
WORKFORGE DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CLASS SITE OR ANY ONLINE COURSES OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE CLASS SITE OR OF THE ONLINE COURSES. EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF WORKFORGE, WORKFORGE PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE CLASS SITE OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH WORKFORGE.
WORKFORGE DOES NOT WARRANTY OR GUARANTEE ANY OF THE USERS’ COMPLIANCE WITH LAW. WORKFORGE IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER WORKFORGE’S SERVICES ARE INVOLVED.
Limitation of Liability
IN NO EVENT WILL WORKFORGE, ITS LICENSORS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES OR SUBSIDIARIES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE OR INABILITY TO USE THE CLASS SITES OR ONLINE COURSES, ANY WEBSITES LINKED TO THE CLASS SITES OR ONLINE COURSES, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN THE CLASS SITES OR ONLINE COURSES, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Linking to Other Sites
Online Courses may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. WorkForge does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Class Sites at any time for any reason or for no reason.
WORKFORGE WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES.
We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights which are governed by the “Third Party Intellectual Property Rights” section herein.
This “Indemnification” section shall not affect nor impair any person’s right to lawfully pursue claims against other Users for their alleged violations of the law. Further, if WorkForge receives a subpoena based on your use of the Online Courses or Class Sites, you hereby agree to and promise to indemnify WorkForge for all costs and expenses, including responsible attorneys’ fees incurred related to responding to the subpoena. This indemnification obligation is in addition to any other rights or remedies WorkForge may have in law or equity.
WorkForge reserves the right, at its discretion, to assume or participate, at your and your organization’s expense, in the investigation, settlement and defense of any action or claim to which it is entitled to indemnification. You also agree that WorkForge shall be entitled to retain a counsel of its own choosing at your cost. You further agree to notify WorkForge of your knowledge of any claim against WorkForge or involving the Class Sites or Online Courses. You agree to cooperate fully with WorkForge during such proceedings. No claim shall be settled without WorkForge’ prior written consent unless such settlement includes a complete release of WorkForge from all liability and does not contain or contemplate any payment by, or injunctive or other equitable relief binding upon, WorkForge.
Customer Support; Reports of Abuse
Copyright Infringement Policy and Complaints
WorkForge respects the rights and intellectual property of others, and we ask our Users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the WorkForge Copyright Agent for notices specified below with the following information:
- Your signature (physical or electronic).
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Online Courses, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
The WorkForge Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
Cory Archer – Director of Operations & Technology – WorkForge Copyright Agent
4900 Main Street, Suite 900
Kansas City, MO 64112
If you believe that material or content you posted on the Class Sites or Online Courses was removed or access to it was disabled by mistake, including misidentification, you may submit a written notification to our copyright agent designated above:
- Your signature (physical or electronic).
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States then Kansas City, Missouri) and that you will accept service from the person (or an agent of that person) who provided Kraft Tank with the complaint at issue.
Adult Use Only
All purchases made through the Class Sites are deemed made within the State of Missouri.
If injunctive relief is needed, the parties agree to exclusively utilize the courts with jurisdiction in Jackson County, Missouri. You expressly waive any objection of venue and jurisdiction, including but not limited to arguments that such litigation any action has been brought in an inconvenient forum.
Prior Action Before Formal Claim
Time Limitations For Action
Unless prohibited by law, you agree that any cause of action arising out of or related to the Class Sites and/or the Online Courses or any other services provided to you by WorkForge must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived by you.
Waiver of Jury Trial
Waiver of Class Action
Retention of Records
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will WorkForge be liable to you for your failure to retain necessary records, nor will WorkForge’s retention or non-retention of records act to alleviate your duty under the law.
Notices and Communication
4900 Main Street, Suite 900
Kansas City, MO 64112
No Third Party Beneficiaries
Successors and Assigns
4900 Main Street, Suite 900
Kansas City, MO 64112
Last Updated: January 2023
WorkForge collects Personal Information when you choose to submit it through e-mail, an online form, or other method. We also collect information through cookies (see “WorkForge Use of ‘cookies’” section below for detail).
WorkForge also maintains a log of certain information concerning visitors to our websites, including but not limited to, internet protocol (“IP”) address (a computer’s numerical Internet address), third party websites from which visitors access our website, type of web browsers used, and pages viewed. Such information may be treated as Personal Information.
The WorkForge Service
The Service includes an internet-based, hosted platform designed to deliver online education to individuals, companies, and organizations who subscribe thereto.
We may provide your information to trusted partners who work on behalf of, or with, WorkForge under confidentiality agreements to help WorkForge provide the Service. They may also assist WorkForge in communicating with you about the Service and about offers from WorkForge and our partners, where you have given us appropriate permissions.
Information You Give Us
When registering for or using the Service, you may be prompted to give us information about yourself such as your name and email address. When you configure your account settings, you may enter additional information about yourself, including your payment information. You may also select user configuration settings that determine how the Service looks and functions. You may, at times, also send us an e-mail which may contain not only your e-mail address, but other information about you, including home or business addresses, telephone numbers, or account details. The information you give us may also include statements you make on the Service such as testimonials, services reviews, or other statements that may identify you personally.
We will provide you with a user ID (which may be an e-mail address) and account activation e-mail for you to access the Service and create a user “profile” for use as described below. When you first sign onto the Service, you will be presented with your profile, which contains the information supplied to us. You will be able to update or correct any of the contact information in your profile. You may receive certain e-mails relating to your use of the Service. Your contact information is also added to WorkForge’s directory of current and former users of the Service. We may use your Personal Information to contact you regarding your use of the Service, for customer support purposes, and to inform you of updates, modifications and other matters relating to the Service, and information about others services that we offer in accordance with your subscription preferences. You may decline to receive mail or e-mail from us that does not relate directly to your access to or use of the Service by selecting the opt-out link contained in any such e-mail or by contacting us at email@example.com.
WorkForge also will maintain a history of your access to the Service, and certain actions taken by you while accessing the Service, a log of users’ IP addresses, the third-party Website from which users access the Service, the type of web browsers used to access the Service and the browser’s settings that may affect Service performance (collectively, “Usage Log Information”). For purposes of maintaining and enhancing Service performance and security, WorkForge may use Usage Log Information, information about your browser, and other local computer settings. We also may use Usage Log Information to tailor our communications to you about the Service, and contact you in relation to providing support. We also may aggregate Usage Log Information to create or publish statistical analyses and reports about Service usage. We will not authorize the publication of Personal Information about any user without the prior written consent of such person.
Information about You Received from Mobile Application
When you download and use the Service via our mobile application, we automatically collect information on the type of device you use, operating system version, user identification, and device identifier.
We may send you push notifications. You may turn off push notifications at the device level.
Additional Uses of Service Information
In addition to the uses described above of the information received in connection with your use of the Service, WorkForge uses and, where specified, shares your information:
- To provide support or other services that you have requested, and to respond to your inquiries.
- To engage in transactions with you, including contacting you about your account or transactions.
- To process transactions, WorkForge may use financial, credit card and payment information that you provide. WorkForge may need to share some of this information with suppliers, delivery services, credit card clearing houses and other third parties to complete the transactions.
- To notify you of relevant opportunities such as new product releases and service developments, related facts or programming that may be relevant to you.
- To provide online forums and social networks. The Service allows users the option to participate in interactive discussions and post comments and other content. Note that any information you share may become publicly accessible.
- To improve quality and facilitate use of the Service.
- To comply with legal requirements. In addition, we may also disclose information about you as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is reasonably necessary to enforce our rights or protect our operations or users or others investigate fraud, or in response to legal processes or governmental investigations in accordance with our internal policy on access by governmental authorities, or under exigent circumstances in response to a perceived significant threat to a person’s health or property.
The device you use to access the Service may provide your location to us. This information may be shared where location is relevant to completion of the coursework.
We protect the security of your information during transmission by using Transport Layer Security (TLS) and Secure Sockets Layer (SSL) software or other encryption technology, which encrypts information you input. Wherever appropriate, we obfuscate and/or encrypt information in our systems and/or during information transfer. WorkForge regularly reviews the cryptographic protocols it uses to protect the privacy and security of your Personal Information.
Because of the nature of internet and for other reasons, we cannot guarantee the security of your Personal Information, so you should take precautions to protect it when you are on the internet, such as changing passwords often, using a combination of letters and numbers when creating passwords, using a secure browser and being sure to log off the Service when finished using a shared computer.
Your California Privacy Rights
If you reside in California, under California Civil Code Section 1798.83, a California resident with a business relationship with WorkForge that is primarily for personal, family or household purposes, may request certain data regarding WorkForge’s disclosure, if any, of Personal Information to third parties for the third parties’ direct marketing. To make such a request, please send an e-mail to firstname.lastname@example.org with “Request for California Privacy Information” in the subject line. You may make such a request once per calendar year. If applicable, we will provide you a list of the categories of Personal Information disclosed to third parties for their direct marketing during the immediately preceding calendar year, along with the third parties’ names and addresses. Not all Personal Information sharing is covered by Section 1798.83.
Information collected by Electronic Communications Protocols and Web Beacons
We may collect information about you and your use of the Service through electronic communications protocols, web beacons, cookies, embedded URLs, pixel tags and related devices or technologies.
As is true when you visit most websites, certain information is automatically generated and stored about your visits. Such information may include: network routing information (for example, where you came from); equipment information (for example, device type, operating system, browser type); IP address, and dates and times of your visits.
We may use your Personal Information to inform you about other WorkForge services that might interest you and to gather feedback from you.
WorkForge Use of “cookies”
Strictly necessary cookies required for the operation of our Website. They include, for example, cookies that enable you to log into secure areas of our Website.
Analytical/performance cookies that collect information about how you use our Website. They allow us to recognize and count the number of visitors and to see how visitors move around our Website. This helps us to improve the way our Website work. These cookies are sometimes placed by third party providers of web traffic analysis services, such as Google Analytics.
Functionality cookies that remember choices you make and recognize you when you return. This enables us to personalize our content, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies that collect information about your browsing habits such as the pages you have visited and the links you have followed. We use this information to make our Website more relevant to your interests, and, if we enable advertising, to make advertising more relevant to you, as well as to limit the number of times you see an ad. These cookies are usually placed by third-party advertising networks. They remember the other Website that you visit and this information is shared with third-party organizations, for example advertisers.
We use Google Analytics. For information on how Google processes and collects your information regarding this product and how you can opt-out, please see http://tools.google.com/dlpage/gaoptout.
WorkForge and its service providers, vendors and partners, may use cross-device/cross-context tracking. For example, you might use multiple browsers on a single device, or use various devices (such as desktops, smartphones, and tablets), which can result in your having multiple accounts or profiles across these various contexts and devices. Cross-device/cross-context technology may be used to connect these various accounts or profiles and the corresponding data from the different contexts and devices.
Your European Data Protection Rights
If you reside in the European Economic Area (“EEA”), subject to certain exceptions, you have a right to:
- Learn whether we are processing your Personal Information and, if so, to gain access to it and certain information about it.
- Have inaccurate Personal Information corrected or removed, and have incomplete Personal Information completed.
- Have your Personal Information erased when:
- It is no longer necessary for the purposes collected;
- You withdraw consent to process it;
- We have processed it unlawfully; or
- EU or Member State law to which we are subject requires erasure.
- Restrict our processing of your Personal Information when;
- You contest its accuracy (for a period necessary to verify it);
- The processing is unlawful and you prefer restriction of use to erasure; or
- We no longer need the data, but you need it in connection with legal claims.
- Obtain in usable form the Personal Information you gave us and, if technically feasible, require its transmittal directly to another controller that you designate.
- Lodge a complaint with a Member State data protection supervisory authority.
If you reside in the EEA, WorkForge will process your Personal Information in accordance with all applicable data protection legislation.
Do not send us any sensitive Personal Information (e.g., social security numbers or other national identifiers, or information related to racial or ethnic origin, political opinions, religious or philosophical beliefs, health, sex life or sexual orientation, genetic or biometric information, criminal background, or trade union membership).
Access, Retention and Deletion
Upon request WorkForge will provide you with information about whether we hold any of your personal information. You may access, correct, or request deletion of your personal information by logging into your account or contacting us at email@example.com. We will respond to your request within a reasonable timeframe.
Viewing of Data for Support
For the purpose of providing the Service and associated support including answering any questions you may have, WorkForge may view and process your Personal Information from nations outside the EEA that are deemed by the EU to have non-adequate data protection laws, including the United States.
Use by Minors & COPPA Compliance
The free version of the Service is intended for use by adults only. WorkForge does not promote online to children and does not intentionally collect any personally identifiable information from children under the age of thirteen, except for pursuant to the COPPA-Compliant solution described below. If you believe that a person under the age of thirteen has disclosed Personally Identifiable information through the Service, other than through the COPPA-Compliant solution, please report this to us immediately by e-mailing us at: firstname.lastname@example.org with “Notice of Underage Person” in the subject line.
You will be notified via email or a prominent notice on our website, of any change in ownership, uses of your personal information, and choices you may have regarding your personal information. You have the right to request that your Personal Information be removed from our records at any time.
4900 Main Street, Suite 900
Kansas City, MO 64112