WELCOME TO IHMC OUTREACH EDUCATION
PLEASE READ THIS TERMS AND CONDITIONS AGREEMENT CAREFULLY. BY ACCESSING, USING THIS WEBSITE OR REGISTERING FOR A COURSE AND USING OUR SERVICES YOU AGREE TO BE BOUND BY, AND ABIDE BY, THESE TERMS. THESE TERMS GOVERN THE RELATIONSHIP BETWEEN THE PROVIDER AND THE PARTICIPANTS.
“Provider”, “We”, “Us” means the Florida Institute for Human and Machine Cognition (IHMC) in conjunction with Apollidon Learning, who have developed this Course together and made it available for consumption.
“Participant”, “You” means the student / learner paying for and accessing the Service.
“Service”, “Course”, and “Program” all mean the non-credit program of study being offered by the Provider. These terms may be used interchangeably.
“Terms” means the terms and conditions outlined in this document.
2. By agreeing to these Terms, you also consent to the following policies applicable to, and accessible on, such other URLs that we may indicate from time to time (“Website/s”), as well as policies made by Provider learning platform and payment processor partners.
3. By clicking the “I Accept” check box on the Website or merely browsing the Website, you represent that you have read, understand and agree to be bound by the terms. If you do not agree to be bound by the terms, you may not access or use this Website or the services.
4. Tax rebates and employer compensation: Please note that the Courses offered by Provider are non-credit bearing. Furthermore, Provider may not be considered an “educational institution” for tax purposes in your jurisdiction. If your employer offers compensation for educational Courses, it is your responsibility to check with them if this Course meets their requirements for compensation. Similarly, it is your responsibility to establish if these Courses will qualify for a tax rebate. Provider will not issue or complete any tax forms.
6. License: Subject to these Terms, and to the payment of any applicable fees, we grant you limited, personal, non-exclusive, non-transferable and revocable access to use our Services.
7. Suitability of Course: Before registering for any Course, you are responsible for satisfying yourself as to the relevance and suitability of the Course for your individual requirements, through consideration of the information supplied through our website, and making any necessary queries.
8. Commencement of Course: You will only receive confirmation of your registration for a Course once you have made the required minimum payment for the Course. There may also be a delay of access to the Learning platform until you are formally enrolled in our records.
9. Minors: If you are under the age of 18, you must obtain the written consent and assistance of your parent or legal guardian to enter into these Terms or register for a Course, and this registration would need to be separately managed through our Student Support Team by arrangement. Please fill out the Contact Us form to speak with the Student Support Team to ensure compliance with all applicable legal requirements.
10. Accessibility statement: Provider strives to provide an education experience that is accessible to the widest possible audience. We are actively working to increase the accessibility of our Website for all our students, including those with disabilities, as more fully described below:
a. Standards: We aim to conform to level AA of the World Wide Web Consortium (W3C) Web Content Accessibility Guidelines (WCAG) 2.0.
b. Exceptions: While we strive to ensure that our Website conforms to level AA of the WCAG 2.0, there may be exceptions where the Website and Provider learning platform and payment processor partners are not fully up to level AA standard.
c. Accessibility requests: If you experience any difficulty in accessing any aspect of the Website or learning platform, please don’t hesitate to contact the Student Support Team.
11. Registration online: Students can register for the Course online through the form available on our Website after accepting the terms & conditions listed.
12. Basic requirements: In order to complete a Course, Participant will need a current email account and access to a computer and the internet. Participant should be familiar with using a computer and accessing the internet, as you may need to be able to read documents in Adobe PDF Reader, view Microsoft PowerPoint presentations, and read or create documents in Microsoft Word. The following requirements are necessary to ensure you are able to successfully participate in the Course, the following are required to ensure accessibility to the Course:
a. Screen size: Minimum of 1024×600 pixels
b. Operating systems
- i.Windows 10 and newer
- ii. Mac OSX 10.6 and newer
- iii.Linux –chromeOS
c. Computer speed and processor:
- i. A computer five years old or newer, if possible
- ii. 1GB of RAM
- iii. 2GHz processor
d. Internet speed: Minimum of 512kbps
13. Browser requirements: We recommend that you use Google Chrome as your internet browser when accessing the learning platform. Although this is not a requirement, we have found that this browser performs best for ease of access to Course material. This browser can be downloaded from the following website:
14. Additional requirements: Certain Courses may require additional software and resources. These additional software and resource requirements will be communicated to students on the Website or learning platform.
15. Platform capability: The learning platform may not be fully compatible with mobile devices, including smartphones and tablets. In order to access and participate effectively in the learning platform, you may require access to a desktop computer or a laptop computer. You will be required to meet the cost of internet access yourself and of any upgrades required to your computer or mobile device.
16. Learning platform: If you have any queries or technical issues relating to the learning platform, you are required to contact our Student Support Team in a timely manner to help resolve the issue. Provider will not be liable for any costs, claims or damages that you may suffer as a result of your use of, or failure to access, the learning platform.
17. Course Terms: Students shall have 365 days to take the Course upon registration and payment date. You are required to successfully complete the Course by passing all quizzes and exams of the Course with a 70% score or higher within the required number of attempts listed in the learning platform.
18. Disclaimer: You are obliged to source and obtain access to the necessary software and resources required for Course completion at your own cost, and we won’t be held liable for any consequences of the use of such software or resources. We do not sponsor or endorse, nor are we affiliated with, the entities responsible for software and resources unless expressly stated otherwise –these are simply programs chosen for their global use patterns and effectiveness for the Course outcomes. We may change the Course requirements for a particular Course at any time by advising you through Provider website or by email to Participant chosen email address.
19. All Course curriculum and material is provided by IHMC Outreach Education, with content delivery administered by Apollidon Learning, including Student Support services and payment administration.
20. Language: English is the language of instruction and administration for all Provider Courses. All Coursework that is required for assessment purposes must be written in English. This includes posts made on the discussion forum.
21. Each Course consists of a number of modules delivered through the learning platform, accessible using the Website link provided to the email address provided at time of registration. All Course-related documentation and video content is provided in electronic format.
23. Upon your final enrollment for a Course, a profile will be setup for you in the learning platform. If you are suspended from participation in a Course (for non-payment of fees or any other valid reason), we may suspend access to your profile on the platform. Please note that there may be some time delay between registration and enrollment.
24. Permitted use: Only students who are registered for a Course may participate in that Course. You may not divulge your username or password to any other person, may not permit any other person to participate in the Course on your behalf, may not impersonate any other person in dealing with Provider or access the learning platform using another user’s username and password and may not share any coupon or discount codes delivered to you. If you forget your username or password, we will only take steps that we regard as being secure to ensure that you regain access to your profile.
25. Prohibited use: You are prohibited from doing the following:
a. Making available copies of the Course content on a network server or web server for use by others.
b. Using, displaying or otherwise making available the Course content, or any other materials, in an electronic format that enables it to be downloaded or distributed to any third party via mobile devices or shared in any peer-to-peer or similar file sharing arrangement, or by any other means.
c. Sublicensing, reselling, renting, lending, assigning, ceding, donating or otherwise transferring or distributing the Course content or the rights granted under these Terms.
d. Reverse engineering, decompiling, or disassembling any software that is contained within Course content or on the learning platform.
e. Removing any notice of copyright, trademark or other proprietary right from any place where it is on or embedded in the Course content.
26. Your responsibility: Upon registration into the learning platform, you must go to your profile page in the learning platform and ensure that the first name and last name of the enrollee is entered in order to ensure the Certificate of Achievement is printed properly. Additionally, you agree that you will contact us immediately if you experience any unauthorized use of your profile details. You accept that you are responsible for the consequences of your use of your profile in the learning platform, and for maintaining it and all information on it. We do take security seriously, but as the user, you accept all risks of any unauthorized access that could occur regarding your information.
27. Access disputes: If there is a dispute as to who has the right to operate a profile in the learning platform, we may deny access to the profile pending the outcome of the dispute to our satisfaction, and/or transfer the profile to the party claiming a right to it if we are satisfied that the profile was registered on behalf of that party.
28. Courses are comprised of a series of modules, each containing an exam, with a final exam at the Course conclusion.
29. Upon completion of satisfactory scores on the module exams and the final exam, a certificate of achievement will be delivered to the Participant.
30. Provider retains the right to update Course content and structure at any time.
Pricing, payment and delivery
32. Course fees: In order to register for a Course, Participant agrees to pay the applicable Course fee and such other amounts as may be due arising from participation in the Course.
33. Receipt in electronic format: Participant hereby consents to the receipt for the Course purchase, which shall be sent to user in electronic format, to the email address provided upon registration, at the time of payment.
34. Promo codes: If provided with a promo code and would like to make use of it when registering for a Course, Participant will have to indicate this when completing registration and payment for the relevant Course.
35. Dispute: If there is a dispute between us relating to the payment of any Course fee, or the way in which you use the learning platform, we may at our sole discretion suspend your participation in the Course for the period of the dispute.
36. Cancellation: Participant is eligible for a full refund until 14 days after payment, or until starting on Module 2, whichever occurs earlier. To obtain a refund, Participant must notify our Student Support Team.
37. Certification: After successful completion of the Course and its exams, a Certificate of Achievement will be awarded to the enrollee. No certificate will be issued to you if you do not meet the minimum requirements for the award of a certificate.
38. Certificate Delivery: After successful completion of the Course and all of the exams, you will receive a digital Certificate of Achievement within the learning platform in PDF format which can be downloaded at your discretion. No changes can be made to the Certificate at this time
39. Certificate Errors: If you receive your certificate with a printing error, you are required to notify our Student Support Team. We cannot be held liable for printing errors resulting from incorrect personal student information provided to us.
Limitation of liability and indemnity
40. No liability for Course outcomes: Provider will not, under any circumstances, be liable for any costs, claims or damages that you may sustain or suffer as a result of registering for and/or participating in any Course or other service offered by us which is not relevant, suitable or does not meet yours and/or any relevant industry or commercial body’s requirements. Under no circumstances do we guarantee your suitability for a particular Course based on the levels of difficulty. We cannot, under any circumstances, be held liable to you for any costs, claims or damages, if after the completion of a Course you are not able to obtain employment or a promotion within your chosen field of study, or any other outcome you may believe completing a Course will assist you to attain.
41. Limitation of liability: To the maximum extent permitted by law, you agree that we will not be liable for any cost, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss (such as loss of profits, business, goodwill, revenue or anticipated savings) or other damages of any kind, penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts that you or any third party might suffer that relates to or arises from these Terms, your participation in a Course, or termination of a Course for any reason, whether or not anyone anticipated or should have anticipated that damages would occur. In no event shall Provider’s aggregate liability to you for any and all claims exceed the total amount of fees received from you in the six months preceding any cause of action.
42. Acknowledgment: You acknowledge and agree that the disclaimers and limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and Provider, and that these limitations are an essential basis to our ability to make services available to you on an economically feasible basis.
43. Time constraint: You agree that, to the extent permissible by applicable law, any cause of action related to these Terms or Provider’s services or Courses must commence within 1 year after the cause of action comes into being. If not, such cause of action shall be permanently barred.
44. Indemnity: Subject to any applicable laws, you agree to indemnify and hold us harmless in respect of any claim that a third party might bring against us that relates to or arises from these Terms arising from your registration for a Course. This indemnity includes claims arising from your use of the learning platform in a way that does not comply with these Terms, or if we transfer your profile to another person, or if another person accesses your profile without your consent. This indemnity also includes all liability or loss that we might suffer as a result of a claim, including legal costs on the highest permissible scale and any additional legal and collection costs.
Interruption of Provider website or learning platform
45. Interruption of service: You acknowledge and agree that from time to time, the Provider website and/or learning platform may be inaccessible or inoperable, by reason of one or more of the following:
a.Equipment malfunctions or faults.b.Periodic maintenance procedures, downtime, or repairs that we may undertake from time to time.
c.Causes beyond our control, including, without limitation, interruption or failure of telecommunication or digital transmission links, attacks on the network and network congestion or other system failures.
46. No breach: Such interruption to the accessibility of the Provider website or learning platform will not be deemed a breach of this Agreement under any circumstances whatsoever and we will not, under any circumstances, be liable to you for any costs, claims or damages that you may sustain or suffer as a result of any interruption, inoperability or inaccessibility of the Provider website and/or learning platform.
47. Security: We will use reasonable commercial measures to secure our system and your profile in the learning platform, and related information, however, we cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You undertake to notify us immediately of any compromise or unauthorized use of your account.
48. Reservation of rights: Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and/or object code and all other works (including trading marks and names) contained on the website or learning platform or otherwise provided to students by Provider, is owned by Provider or licensed to Provider, who asserts and reserves all rights in this regard. Access to or use of Provider services and Courses will not in any way result in an assignment or license of any intellectual property owned by Provider or any other party.
Warranties and disclaimers
49. Disclaimers: To the extent permissible under applicable laws, all services, Courses and their content are provided “as is” without representations or warranties of any kind, whether express or implied, in respect thereof, and in particular, we make no representations or warranties regarding the quality of the Course content or the fitness of the Course content for the purpose for which you acquired it.
50. Student warranties: You warrant that all and any information that you provide to us, in accordance with this Agreement, in order to register for a Course or otherwise, is true and accurate.
Termination of participation in a Course
51. Modifying and terminating services: We are constantly changing and improving our services and Courses. We may add or remove functions, features, or requirements, and we may suspend or stop our service altogether, giving enrolled students reasonable prior notice of any material changes. In the event we suspend or stop our service, we will refund Course Fees for all participants who have not completed the Course.
52. Breach: If you commit any other breach of these Terms and fail to remedy the breach within 5 days after receiving a written notice to do so, we may terminate your participation in the Course for which you are registered, and you will not be entitled to a refund of any portion of the Course fee. We shall furthermore be entitled to immediately suspend your access to the learning platform in the event of a material breach of these Terms, as determined in our sole discretion, pending an investigation into the relevant conduct.
Complaints and dispute resolution
53. General complaints policy: Whether it is positive or negative, Provider encourages feedback from students. Where this feedback is a complaint about our Course, product or service offering, or our conduct, we are committed to addressing the complaint in a timely and appropriate manner. All complaints are taken seriously, and every effort has been made to ensure that Provider can cater for complaints received on all levels, regardless of severity. Provider will seek to address a complaint in a mutually beneficial and satisfactory manner, whenever reasonably possible.
54. Communication: Should you wish to lodge a complaint; you may reach out to our Student Support Team. We will strive to ensure that anyone giving feedback is treated with the utmost courtesy and respect.
55. Disputes: If a mutually-satisfactory outcome, Course of action, or conclusion cannot be reached following from the complaints procedure, or any other kind of dispute arises between Provider and you, then you agree that it will be resolved individually, without resort to any form of class action, and, to the extent compliant with applicable law, exclusively by a court of competent jurisdiction located in Escambia County, Florida. As a consumer you may benefit from the right to bring an action in the courts of the country in which you are resident. Nothing in these terms and conditions affects your rights to bring a claim in the courts of the country in which you are resident. To the extent permitted by applicable law, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, your rights and obligations, or the rights and obligations of Provider, shall be governed by, and construed in accordance with, the laws of Florida. As a consumer, you may benefit from certain mandatory provisions of the law of the country in which you are resident.
56. Nothing in these terms and conditions, including this ‘Disputes’ clause, affects your rights as a consumer to rely on such mandatory provisions of local law. Nothing in this section will restrict our right to apply to a competent court for relief should our intellectual property rights be violated or threatened, or where otherwise appropriate to obtain urgent, injunctive or equitable relief.
57. Provider’s details:
3689 Tampa Road (Suite 320)
Oldsmar, FL 34677
40 South Alcaniz Street
Pensacola, FL 32502
58. Entire agreement: These Terms shall constitute the entire agreement between you and Provider concerning your registration and payment for a Course.
59. Revision of Terms: We reserve the right to revise these Terms at our sole discretion from time to time. These revisions will become effective immediately on being posted to our website, however, for all material changes to the Terms, we will take reasonable steps to notify you of such changes if you are registered for a Course at the time when such changes come into effect.
60. Conflict: If any aspect of these Terms conflicts with any information provided on our Website or in information packs or other Course materials, these Terms will prevail unless expressly stated otherwise.
61. Severability: In the event that any part of these Terms is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of these Terms.
62.Assignment: These Terms, and any rights and licenses granted in terms of these Terms, may not be transferred or assigned by you, but may be assigned by Provider without restriction.
63. No indulgence/waiver: If Provider chooses not to enforce any part of these Terms, this does not mean that it cannot do so at a later time. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other Term.
Date of last amendment: October 20, 2020