Compendium, LLC (dba "Compendium360") provides the Internet site and subdomains located at https://www.compendium360.com (the “Site”) and related services (the “Services”) subject to your compliance with the terms and conditions set forth below. Your continued use of the Site evidences your agreement to them, as well as to our Privacy Policy [https://www.compendium360.com/terms/]. Please read the following information carefully. If you have any questions related to this information, please contact us at legal@Compendium360.com.
By visiting the www.compendium360.com site and/or by submitting your information for the Services, or by participating in any transaction, you (hereinafter sometimes, the “User”) represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions. In order to participate in certain Compendium360 Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to Compendium360 in which you choose to participate, those additional terms are hereby incorporated into this agreement. You must be 18 years or older to use the Services.
INTELLECTUAL PROPERTY
All text, graphics, and multimedia content available from the entry point URL https://www.Compendium360.com and pages within that domain (the “Site”) and all related code (including but not limited to HTML, other mark-up languages, and all scripts) within this site are the property of Compendium360 and/or its affiliates, with the exception of certain URL and content (i.e., widgets) that has been provided by third parties and is labeled as such. All material on this Site is protected by copyrights that are owned or controlled by Compendium360 or by other parties that have licensed their material to Compendium360 (or posted to the Site pursuant to a user agreement with Compendium360). Material from the Site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights. The use of any such material on any other Web site or computer environment is prohibited.
“Compendium360” and the “Compendium360” logo are trademarks and service marks of Compendium, LLC.
LINKS/USE OF MATERIALS
Links to Other Sites: This site may contain links to web sites operated by third parties. Compendium360 provides these links for your convenience only. We do not control such web sites and are not responsible for their contents. Compendium360‘s inclusion of links to such web sites does not imply any endorsement of the materials on such web sites or any association with their owners or operators.
Links to Compendium360: Compendium360 welcomes links to www.Compendium360.com. You may not, however, state or imply any sponsorship or endorsement of your site by Compendium360, unless you have received our written approval to do so. You may use Compendium360 logo in order to create a link to Compendium360 from your web site. This is a limited license to use the Compendium360 logo solely for the purpose of creating such link. You may not vary the appearance of the logo, or any trademarks used in connection with the logo, in any way. You will replace or remove a logo that Compendium360 determines is not an appropriate display or use of Compendium360 marks. You may not use on your site any Compendium360 trademarks, service marks, or copyrighted materials or frame or otherwise incorporate any portion of the Compendium360 site into another web site.
Use of Other Compendium360 Materials: In addition to the limited license to use the Compendium360 logo, you may download our graphics and text for personal use, but you may not, under any circumstances, without Compendium360‘s express written consent, use them for commercial purposes or public display (please see “Commercial Purposes Use” below). You are not permitted to download any other Compendium360 material, including code or software, for any purposes whatsoever. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute the Compendium360 materials in any way.
Commercial Purposes Use: Before you use any of the Compendium360 materials for commercial purposes, you must receive Compendium360’s express written consent. In order to obtain that consent, please send an e-mail to legal@Compendium360.com with the following information: (a) your name, position, organization, address and telephone number; (b) the Compendium360 content, text, or graphics you want to use; (c) where, how, and when you will be using the materials; (d) to whom the materials will be distributed, in what amount, and for what purpose; and (e) other information that will be included with the Compendium360 material. We will send you an e-mail letting you know whether or not we grant permission for your use of the material. This decision will be made at Compendium360’s sole discretion.
If you do use Compendium360 materials, you may not remove any copyright or proprietary notices from the materials and you must comply with any proprietary notice guidelines on this Site.
PAYMENTS AND FEES
Payments:
To pay any fee, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service, or any other payment method made available by Compendium360) (the “Payment Method”). If you provide your payment information, you authorize us and certain third-party service providers, payment card networks, and payment processors to receive, store, and encrypt your payment information. You may switch to a different Payment Method or update your information by e-mailing billing@compendium360.com. No refunds or credits will be provided by Compendium360, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately at billing@compendium360.com.
Payment processing services for Users on Compendium360 are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a User on Compendium360, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Compendium360 enabling payment processing services through Stripe, you agree to provide Compendium360 accurate and complete information about you and your business, and you authorise Compendium360 to share it and transaction information related to your use of the payment processing services provided by Stripe.
Fees:
Compendium360 offers paid Plans which include either a monthly or annual fee (full explanation of paid Plans, features, and fees are located at https://www.Compendium360.com). Compendium360 also offers a Free Pan with limited Users, Teams, and features. Available Plans may change without notice. When offered Plans change or are no longer available, existing subscribers will maintain their current subscription and Plan and will have the opportunity to change plans at any time.
Depending on the Plan selected, there may be limited user licenses included with the purchase of a Paid or Free Plan. Subscribers may choose to add additional users to their plan by upgrading to the next plan up. The billing date for upgrades or downgrades in a Plan is based upon when the account was created, so license fees are prorated if purchased at a later date.
CANCELLATIONS AND REFUNDS
If you signed up on Compendium360, you may cancel your subscription by navigating to “Manage Account>Billing>Cancel” or by emailing billing@compendium360.com. The cancellation of a subscription will go into effect at the end of your current yearly billing cycle. You can reinstate your subscription at any time without opening a new account. Reinstated accounts will be billed at the billable rate that is in effect for the selected plan at the time of reinstatement.
Canceling Your Paid Plan Subscription
No refunds will be offered after the seventh (7th) calendar day following the start of your Paid Plan subscription. If you cancel your plan after the seventh (7th) calendar day following the start of your subscription, no refund will be given and you will maintain the same level of access to your account until the end of your subscription period.
User License Refunds and Transferability
No refunds are offered on additional purchased user licenses. Any user license may be reassigned to another user if: (1) User has not completed more than 10% of any course; AND (2) User license was not purchased more than seven (7) calendar days prior to request. The user license term length remains in effect from date of purchase.
Sub accounts
No refunds are offered on subaccounts. Clients may create subaccounts if the Paid Plan selected supports subaccounts. [All billable subaccounts receive a 10% annual discount.] Subaccounts may be created at any time and will therefore have their own billing period that begins on the date the subaccount was created. Accordingly, the billing period start date for a subaccount may be different from the billing period start date of the parent account. Cancellation of any subaccount will be handled in the same way as explained above under “Canceling Your Paid Plan Subscription”.
Personal Membership Accounts and Refunds
Individuals on a free Membership account may purchase courses. An individual user may request a refund of their purchased course if they have not yet completed 10% or more of that course.
All refund requests must be made via email to: billing@compendium360.com
TERMINATION OF SERVICE
We may terminate or suspend your access to the Site at any time, in our sole discretion, without cause and/or without notice. Upon termination, your right to use the Site stops immediately.
ONCE THE SERVICES ARE CANCELED OR SUSPENDED, ANY DATA YOU HAVE STORED ON COMPENDIUM360’s SYSTEMS MAY NOT BE RETRIEVED LATER.
SUBMISSIONS/USE OF SITE COMMUNICATION TOOLS
By inputting data on the site, you grant (or represent and warrant that the owner of such information grants) Compendium360 a royalty-free, perpetual, non-exclusive, worldwide license to use, copy, modify, adapt, transmit, translate, create derivative works from or display any of the information and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such information. This site may contain user comments, blogs, polls, pictures, videos, bulletin boards, email, chat rooms, forums or other public posting areas (referred to hereafter collectively as the Site “Communication Tools”). While Compendium360 may not monitor the message, information, files or data posted on the site or transmitted using the Communication Tools, it may edit, refuse to post or remove any information or materials, in whole or part, that in Compendium360’s sole discretion are objectionable, in violation of these Terms of Use, or for any other reason are not acceptable to Compendium360.
You agree not to use the Site or the Site Communication Tools: (1) in connection with chain letters, junk e-mail, junk phone messages, junk faxes, spamming, or any duplicative or unsolicited messages (commercial or otherwise); (2) to harvest or otherwise collect information about others, including e-mail addresses, without their consent; (3) to create a false identity or forged e-mail, telephone, or facsimile address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin messages; (4) to transmit unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature; (5) to transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, or right of publicity; (6) to libel, defame or slander any person or entity, or infringe any person’s publicity or privacy rights; (7) to transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; (8) to violate any U.S. law regarding the transmission of technical data or software exported from the United States; (9) to interfere with or disrupt networks connected to the Site Communication Tools or violate the regulations, policies, or procedures of such networks; (10) to attempt to gain unauthorized access to the Site Communication Tools, other accounts, computer systems, or networks connected to the Site Communication Tools, through password mining or any other means; (11) to interfere with another person’s use and enjoyment of the Site Communication Tools or the Site or another entity’s use and enjoyment of similar services; (12) to solicit funds via the telephone utilizing computer automated voice; or (13) to engage in any other activity that Compendium360 reasonably believes could subject it to criminal liability or civil penalty or judgment. You will defend and indemnify Compendium360 and any of its suppliers, partners or affiliates for any loss or damage they may suffer as a result of your breach of this provision.
MODIFICATIONS TO TERMS AND CONDITIONS
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. What constitutes a “material change” shall be at the sole and exclusive discretion of Compendium360. Such modifications shall become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our Terms of Use whenever you visit the Compendium360 Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes. If you do not agree to the revised Terms of Use, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised Terms of Use. Should you have any questions regarding the use of our site, please contact us at: legal@Compendium360.com.
NO WARRANTIES / LIMITATION OF LIABILITY
Compendium360 intends for the information contained on its Site to be accurate and reliable; however, errors sometimes may occur. In addition, Compendium360 may make changes and improvements to the information provided herein at any time.
COMPENDIUM360 PROVIDES ITS SITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPENDIUM360, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “COMPENDIUM360 PARTY,” AND COLLECTIVELY, THE “COMPENDIUM360 PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE COMPENDIUM360 PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF CUSTOMER ABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL ANY COMPENDIUM360 PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SITE, EVEN IF SUCH COMPENDIUM360 PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES PROVIDED THEREBY, YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY COMPENDIUM360 PARTY WITH RESPECT TO THE SITE OR YOUR USE THEREOF, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. COMPENDIUM360 MAY CHANGE THE SITE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF THESE TERMS AND CONDITIONS, THE COMPENDIUM360 PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD-PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THESE TERMS AND CONDITIONS, COMPENDIUM360 IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Compendium360, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions by you. Compendium360 reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Compendium360 in asserting any available defenses.
APPLICABLE LAW/JURISDICTION
This site is created and controlled by Compendium, LLC in the State of Idaho, United States of America. Compendium360 makes no representation that materials in this site are appropriate or available for use in other locations. If you access this site from another location, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent they are applicable. By accessing this site, you and Compendium360 both agree the laws of the State of Idaho, County of Latah will govern all matters relating to this site, without giving effect to any principles of conflicts of laws.
DISPUTE RESOLUTION
Informal Dispute Resolution. Compendium360 wants to address your concerns without needing a formal legal case. Before filing a claim against Compendium360, you agree to try to resolve the dispute informally by contacting legal@Compendium360.com. Similarly, Compendium360 will undertake reasonable efforts to contact you (if we have contact information for you) to resolve any claim we may possess informally before taking any formal action. If a dispute is not resolved within 30 days after the email noting the dispute is sent, you or Compendium360 may initiate an arbitration proceeding as described below.
By agreeing to these Terms, you and Compendium360 each and both agree to resolve any disputes through final and binding arbitration as discussed herein, unless you agree to opt-out of this agreement to arbitrate as set forth below.
You and Compendium360 agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought. Those rules are available at www.adr.org. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Compendium360 further agree that the arbitration will be held in Latah County, Idaho, or, at your election, will be conducted telephonically or via other remote electronic means. The AAA rules will govern payment of all arbitration fees.
If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified, except in writing.
MISCELLANEOUS
If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
Compendium360 may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. The failure of Compendium360 to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision.