Terms and Conditions

Program Impact

Online Course Offerings

Terms and Conditions of Purchase and Use

PLEASE READ THESE TERMS AND CONDITIONS OF PURCHASE AND USE CAREFULLY.  IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS ANY LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

This online Terms and Conditions of Purchase and Use (“Terms and Conditions” or “Document”) governs the sale and use of any online learning course (“Online Course”) offered by Program Impact, a division of Communication Service for the Deaf, Inc. (“CSD” or “Program Impact”). If there is any conflict between these Terms and Conditions and any Course-specific Terms and Conditions which might apply to a specific Online Course, then the conflict shall be resolved by applying the following order of priority:

1. Course Specific Terms and Conditions;
2. This online Terms and Conditions of Purchase and Use

The Online Courses are offered on the Program Impact website (“Website”) and include information, training and other materials, videos, and software applications (collectively, the “Services”). We develop, distribute and maintain the Services on an online learning platform (the “Platform”) provided by a third-party, Instructure, running a program called Canvas. Use of the Platform is governed by Instructure’s Master Terms and Conditions and Program Impact will also manage your access to the Platform and provide support to you, where necessary.

A description of the Services with the dates on which the Services will begin are available on the Website.  We will provide the Services with reasonable care and skill in accordance with the description set out on the Website. We reserve the right to vary or withdraw any of the Services described on the Website without notice. We expect you to confirm that the Services you are purchasing will meet your needs.  We do not make any guarantee to you that you will obtain a particular result, professional qualification, or employment opportunity, from your purchase and completion of any of the Services. Program Impact is not responsible for booking any examination with any professional body or examination board.  It is your responsibility to ensure that you book prior to the relevant closing date any exam necessary that you wish to take, and which may or may not be associated with the subject matter of the Services provided to you by Program Impact.

By registering an account and using the Services, you acknowledge that you have had an opportunity to review this document and agree to be bound by its terms and understand that Program Impact may amend this document from time to time. Please read these Terms and Conditions carefully before purchasing an Online Course and print a copy for your records.

For purchases via the Website, by clicking on the “Accept” button you agree to the terms of this document which will bind you.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU WILL NOT BE PERMITTED TO PURCHASE OR USE ANY ONLINE COURSE SERVICES FROM PROGRAM IMPACT.

1. 1. Definitions.
      
      1. “Confidential Information” is defined as information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
      2. “Course Materials” is defined as the information provided by CSD to accompany a course provided as part of the Services in hard copy or electronic form.
      3. “Fees” is defined as the fees paid by you to CSD for the Services.
      4. “Intellectual Property Rights” is defined as copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
      5. “Online Course” is defined as the delivery by us of an online course pursuant to which you learn course materials remotely.
      6. “Services” is defined as the provision of the Online Course and/or the and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website.
      7. “Website” is defined as www.csdimpact.org
      8. “You” is defined as the individual purchasing the Services.
         
         
   2. Purchasing Online Course Services.
      
      1. In order to access any of the Services online you must register for an account with us via the Website.  If you already have an account with us, you can log into your account using your username and password.
      2. When you place an order for a Service via the Website, you are agreeing to purchase the Services on these Terms and Conditions.  Program Impact reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed.
      3. Following receipt by us of your order for Services via the Website, we will contact you confirming receipt of your order.
         
         
   3. Account Creation.  To be eligible to create an account to access the Services, you:
      
      1. must be at least 15 years of age (subject to Section 3 below);
      2. have a valid e-mail address that only you have access to; and
      3. you are a legal resident of the United States.
      4. Abide by Program Impact’s Online Etiquette Requirements as outlined below:
         
         
   4. You agree that you are responsible for your own use of any Online learning Course offered by Program Impact and for your user postings. "User postings" means all content submitted, posted, published, or distributed on the Platform by you or other users of the Platform, including but not limited to all posts, edits, notes, questions, comments, videos, and file uploads. You agree that you will use the Platform in compliance with these Terms and Conditions and all applicable local, state, national and international laws, rules and regulations, including copyright laws, and any laws regarding the transmission of technical data exported from your country of residence. You will not attempt to gain unauthorized access to the Platform, other accounts, computer systems, or networks connected to any server through hacking, password mining, or any other means not intentionally made available to you by the Program Impact team. You understand that you may not submit, post, publish, share, or otherwise distribute any of the above strictly prohibited items on or via the Platform. You agree to notify Program Impact promptly if you suspect unauthorized use of your account at programimpact@csd.org. Until you notify Program Impact, you remain solely responsible for such unauthorized use and any damages that may result therefrom. You further agree to notify Program Impact at programimpact@csd.org immediately in the event you become subject to any lawful order or process that would prohibit or limit your use of the Services. You may not distribute, rent, lease, sell, license, or otherwise transfer rights in the Services to any other person or entity or make any other commercial use of the Services.In addition, you agree to not engage in:
      1. Misrepresenting or attempting to misrepresent your identity while using the Platform.
      2. Content that defames, harasses or threatens others;
      3. Content that discusses illegal activities with the intent to commit them;
      4. Content that infringes another’s intellectual property, including, but not limited to copyrights or trademarks;
      5. Profane, pornographic, obscene, indecent or unlawful content;
      6. Advertising or any form of commercial solicitation;
      7. Content related to partisan political activities;
      8. 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
      9. Content that contains intentionally inaccurate information or that is posted with the intent of misleading others (this list, collectively, “strictly prohibited items”)
         
         
   5. Eligibility of Minors. Access or use of the Services by minors is void where prohibited by applicable law. The Services are not intended for minors under 15 years of age. Minors who are at least 15 years of age may use the Services with parental consent and supervision. By accessing or using the Services, you represent that you are at least 15 years of age and that you have obtained parental consent.
      
      
   6. Account Creation Representations and Warranties.  When you create an account, you represent and warrant that:
      
      1. the information you provide in the course of creating an account is true and accurate to the best of your knowledge;
      2. any information you provide, including without limitation, your name, e-mail, or address, will be updated promptly in the event of any change;
      3. you acknowledge and agree that your e-mail will be used by CSD to send you e-mail communications about your account and any other information related to the Services;
      4. you have the access to the necessary devices, internet connection, and equipment to access the Services;
      5. You are responsible for the content that you upload, share, post, link to or otherwise make available via the Platform including all Reviews (“User Content”).
      6. you will use the Services only for its intended purposes; and
      7. you will use the Services only in the United States.
         
         
   7. Account Login Credentials.  The e-mail address you use with your account and the password you have selected will serve as your login credentials (“Credentials”) to access the Services.  You are responsible for maintaining the confidentiality and security of your Credentials and for any use of or action taken under your Credentials.  You should not disclose your Credentials to any unauthorized third parties.  If the security of your Credentials has been compromised, you must change your Credentials immediately.
      
      
   8. Effects of Creating an Account.
      
      1. Privacy.  Program Impact’s privacy policy (“Privacy Policy”) is located at http://www.csdimpact.org/privacy/ and is hereby incorporated into this document by reference.  Please review the Privacy Policy carefully for details related to the collection, use, and disclosure of the information you provide to us. If you wish to change or update the data we hold about you, please e-mail programimpact@csd.org.
      2. Communications About Your Account from Program Impact.  You agree and consent to receiving electronic communications, notices, and disclosures in connection with your account and your use of the Services (collectively, “Services Communications”) that Program Impact sends you at the e-mail you list in your account.  It is your responsibility to keep your primary e-mail in your account up to date.  You understand and agree that if Program Impact sends Services Communications to you, but you do not receive it because the e-mail in your account is incorrect, out of date, no longer in service, or no longer owned or accessible by you, Program Impact will be deemed to have delivered the Services Communications to you.  If you use a spam filter that blocks or re-routes e-mails from senders not listed in your e-mail address book, you must add programimpact@csd.org to your e-mail address book in order to receive any Services Communications that CSD or Program Impact sends you.
         
         
      3. Account Ownership.  Your creation of an account to access the Services does not confer rights of ownership of the account to you.  Program Impact owns the account and will permit you to access the account and the Services; provided, however, that such permission is contingent on you accepting, agreeing to, and abiding by the terms of this document.
         
         
      4. Account Access. Access begins on the date of purchase and will end according to the course dates listed on Program Impact’s website.
   9. Account Closure.  If you do not accept the terms of this document or wish to close your account, you may send an e-mail request to programimpact@csd.org. However, you understand and agree that Program Impact is not under any obligation to store the information in your account and that any subsequent actions by you to re-open your account may mean the loss of any information associated with your previous account.
      
      
   10. Cancellations. Online Course materials that are delivered to you immediately upon purchase are nonrefundable and cannot be cancelled. In other cases, where course offerings are not immediately available upon purchase, you may request cancellation with a full refund within fourteen (14) days of purchase so long as materials have not been downloaded, streamed, or otherwise accessed. If you wish to cancel, please contact the Program Impact team via email at programimpact@csd.org.It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the online courses and course materials is inhibited due to insufficient system requirements.
       
       
   11. Account Suspension or Closure by Program Impact. Program Impact may also close your account if:
       
       1. You fail to pay your fees when due.
       2. You fail to provide accurate information that is necessary for us to provide the Services to you.
       3. There is no activity on your account has been detected for at least six consecutive months.
       4. Program Impact may at any time and without advance notice modify or restrict your use of the Services if Program Impact determines, in its sole discretion, that your use of the Services:
          
          1. (i) violates these Terms and Conditions outlined in this Document;
          2. (ii) violates any laws, regulations, court orders, or other governmental request or order which requires immediate action;
          3. (iii) violates any intellectual property rights of Program Impact or a third party;
          4. (iv) violates any export or import regulations;
          5. (v) is disruptive or causes a malfunction of the Services;
          6. (vi) may expose Program Impact to potential legal liability; or
          7. (vii) if you fail to meet any other requirements under this document.
             
             In these circumstances, we will inform you in writing immediately that your access to the online courses and course materials will be restricted.
             
             
   12. Rights and Duties Upon Termination or Account Closure. Upon account closure, all rights to the Services terminate immediately and you must remove any Program Impact software or content from your computer or other electronic devices immediately. You remain liable for any acts you have undertaken prior to Termination. If your account is closed, you agree not to re-register for or otherwise access the Services without Program Impact's prior written approval.
       
       
   13. Licenses. Subject to the terms of this document and your successful registration of an account, Program Impact hereby grants to you a limited, non-transferable, royalty-free, and non-exclusive license to use the Services. Your use of the Services shall be strictly in accordance with these Terms and Conditions and all policies referenced herein.  Nothing in this document grants or transfers to you or to any third party any ownership rights in the Services, including the software and other intellectual property rights related to the Services. Except as specifically set forth in this document. Program Impact owns and retains all rights, title, and interest in the Services and any and all related materials.
       
       
   14. Restrictions on Use.  Any Program Impact account you register, and any materials made available for access or download through the Website are the property of Program Impact and/or its affiliates.  The Website may be protected by federal and international copyright and trademark laws, and no portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express prior written of Program Impact or its legal representatives.  Access to the Website is for your own personal use and may not be shared with any third party. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by these Terms and Conditions, or any other applicable end user license agreements are reserved by Program Impact.
       
       
   15. Website Availability.  The Website will be accessible to you via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of Services due to causes beyond the control of Program Impact, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures.
       
       
   16. Discontinuance, Modifications, and Changes to Services and/or the Website.  Access to the Services and the Website and all other features, attributes or aspects of the Services and Website are subject to change, modification, additions or deletions at any time without notice at Program Impact’s sole discretion. Program Impact may, at its sole discretion, discontinue any or all aspects of the Services.
       
       
   17. Links or Pointers to Third Party Websites.  Program Impact makes no representations whatsoever about any other third-party websites (“Third Party Websites”) that you may access though this Website. When you access a non-Program Impact Website, you understand that it is independent from Program Impact and Program Impact has no control over the content on such Third-Party Websites. A hyperlink to a non-Program Impact website does not mean that Program Impact endorses or accepts any responsibility for the content, or the use, of the linked Third-Party Website. You are responsible for taking all precautions to ensure that whatever you select for your own use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
       
       
   18. Disclaimer of Warranties.  THE SERVICES ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.  PROGRAM IMPACT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. PROGRAM IMPACT DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. PROGRAM IMPACT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY PROGRAM IMPACT OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICES. PROGRAM IMPACT IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
       
       
   19. Limitation of Liability.  IN NO EVENT SHALL PROGRAM IMPACT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED IN ANY WAY WITH TO THESE TERMS AND CONDITIONS, OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF PROGRAM IMPACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF PROGRAM IMPACT TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO CSD PROGRAM IMPACT IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY.
       
       
   20. Exclusive Remedy.  Your sole right and exclusive remedy for breach of these Terms and Conditions by Program Impact is to close your account.
       
       
   21. Fees.
       
       1. The Fees for the Services shall be as set out on the Website at the time you placed an order for them.  Unless otherwise specified at the time you purchase the Services, the Fees are exclusive of any applicable State and Local taxes, the cost of some Course Materials and any delivery costs payable in respect of the delivery of Course Material to you.  Each of these costs will be set out on the Website prior to your purchase of the Services.
       2. Program Impact uses the Platform’s payment processor to collect and process payment. Payment information from registrants is collected via the Platform and is not stored by Program Impact. By using the Platform, you agree to abide by their Master Terms and Conditions referenced above. For questions regarding the Platform’s Terms and Conditions, please contact their parent company, Instructure at https://www.instructure.com/contact-us.
       3. Except where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry.  These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.
       4. Fees for the Service selected by you on the Website shall be debited from your credit/debit card at the time of purchase.  Fees must be paid in full prior to accessing any Online Course. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and Program Impact shall not be responsible for these. You shall be responsible for all costs you incur in connection with your access onto any Online Course.
          
          
   22. Term.  The term of these Terms and Conditions shall commence at the time of your account registration and shall continue for as long as your account remains open and in good standing.
       
       
   23. Independent Contractor. Neither party shall, for any purpose, be deemed to be an agent of the other party and the relationship between the parties shall only be that of independent contractors.  Neither party shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.
       
       
   24. Modifications. You can review the most current version of these Terms and Conditions at any time on this page. Program Impact may modify the terms of this document from time to time without notice to you. It is your responsibility to check this document periodically for changes. Continued use of the Website and Services after any modifications to the terms of this document constitutes your acceptance of such modified terms.
       
       
   25. Indemnification. Program Impact shall not be obligated to you for any claims, actions, demands, liabilities arising directly or indirectly out of or from your acts or omissions, in connection with: (i) the access or use of the Website and Services; (ii) any violation of any term of this document, or (iii) any breach or violation of a right of any third party or of any law, statute, ordinance or regulation related to use of the Website and Services. You agree to indemnify, defend and hold harmless Program Impact, its officers, directors, employees, agents, representatives and corporate affiliates from any claims that arise directly or indirectly out of the matters described in this Section 25, including but not limited to reasonable attorney's fees.
       
       
   26. Legal Notices. All legal notices to Program Impact shall be sent via certified mail, return receipt requested to the address listed below, with a copy sent by e-mail to legal@csd.org. Program Impact’s receipt of correspondence by e-mail is for convenience only and does not waive any objections, including the lack of jurisdiction or proper service.
       
       Communication Service for the Deaf, Inc.
       Attn: Legal and Compliance
       2028 E Ben White Blvd #240-5250
       Austin, TX 78741
       
       
   27. No Assignment. We may assign, transfer, or sub-contract any of our rights or obligations to any third party at our discretion. However, you may not transfer or assign any part of or the entire Terms and Conditions and the rights hereunder to any other person or entity without Program Impact’s prior written consent. Subject to the foregoing, this document will be binding upon and will inure to the benefit of the successors and permitted assigns of the parties hereto.
       Voluntary Agreement. You affirm that you have carefully read this document understand the contents, had an opportunity to fully discuss and review the Terms and Conditions with legal counsel or other advisors of your choice and at your own cost, and have freely and voluntarily agreed to all of the terms and conditions of this document.
       
       
   28. Voluntary Agreement. You affirm that you have carefully read this document understand the contents, had an opportunity to fully discuss and review the Terms and Conditions with legal counsel or other advisors of your choice and at your own cost, and have freely and voluntarily agreed to all of the terms and conditions of this document. 
       
       
   29. Severability. If any provision of these Terms and Conditions shall for any reason or to any extent be found invalid or unenforceable, the remainder of this document and the application of such provision to other persons, entities or circumstances shall not be affected thereby, but, rather, shall be enforced to the extent consistent with the intent of the parties hereto and permitted by law. Further, in lieu of any provision found to be illegal, invalid or unenforceable, there shall be added automatically as part of this document a provision as similar in terms to such provision deemed illegal, invalid or unenforceable as may be possible and which shall be legal, valid, and enforceable.