Description of Services
We provide Visitors and Registered Users with access to the Services described below.
Visitors can view all publicly-available content on Change Up Learning.
Registered Users have purchased one or more courses or an annual subscription. Registered Users can do all the things that Visitors can do, and can access content exclusive to Registered Users including but not limited to creating, accessing, managing, and updating their accounts; participating in professional development courses; participating in contests; posting comments on discussion boards; and accessing resources and any other content available upon logging into Change Up Learning. Registered Users designated as administrators for their companies (“company administrator” hereafter) can also access and use tools on the administrator dashboard.
When users agree to follow these guidelines, Change Up Learning will be more effective. By accessing and/or using Change Up Learning, you agree that:
You will comply with all applicable laws in your use of Change Up Learning and will not use Change Up Learning for any unlawful purpose;
You will not upload, post, email, transmit, or otherwise make available any content that:
- Infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- Is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, sexually explicit, promotes violence, or contains hate speech (i.e., speech that attacks or demeans an individual or group based on ability, age, ethnicity, gender/gender identity/gender expression, national origin, pregnancy status, race, religion, sex, sexual orientation, socioeconomic status, and/or veteran status); or
- Discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
You will not share software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
You will not impersonate any person or entity, including any of our employees or representatives.
You will not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.
Change Impact reserves the exclusive right to determine if behavior on our platform violates the terms above.
Pricing and Subscription Fees/Credits
Visitors and Registered Users will abide by the following:
Pricing: Pricing for Change Up Learning courses, subscriptions, and premium services is posted on publicly-accessible pages of the platform. Pricing may be changed at any time, although a Registered User’s annual subscription fee will not change during the subscription period. Annual subscriptions renew automatically with ample notice provided to the Registered User and/or company administrator.
Subscription Fees and Credits: Annual subscriptions must be prepaid unless otherwise indicated by Change Impact in writing. While a Registered User or their company administrator may not cancel a subscription until the subscription year has ended, the purchaser can receive credits to use toward another subscription. This effectively allows a company that has purchased an annual subscription for an employee who can no longer use the platform due to termination or role change to transfer the remaining time on the subscription to another employee. No refunds will be issued for any Registered User account unless Change Impact fails to provide access to the platform.
Change Impact will never share personal or billing information with a third party not employed or contracted by Change Impact, and we take commercially-reasonable steps to protect all Change Up Learning data.
For Registered Users, data collected includes: full name, work email, name of employer, and learning data. We also request optional data including years of experience, age of youth served, number of sites supported, career aspirations, topics of interest, and learning preferences. For organizations, data collected includes: name of organization, name of organizational representative, learning data, and training compliance data.
We may analyze data on Registered Users to improve Change Up Learning and/or to generate research findings. To conduct such analyses or research, we may work with a third party, however, we would only share de-identified and/or aggregated data that cannot be traced back to any Registered Users.
If your employer purchased access to Change Up Learning for you, your Change Up Learning company administrator does not have access to your account or answers to course check-ins (i.e., quizzes) or reflection questions. However, your Change Up Learning company administrator will have access to course progress completion data and can request Practice email open and click-through data.
Change Impact Intellectual Property
Change Up Learning contains material such as videos, coursework, images, articles, text, sound recordings, and other material provided by or on behalf of Change Impact (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
The trademarks, service marks, and logos of Change Up Learning and Change Impact used and displayed on the platform are registered and unregistered trademarks or service marks of Change Impact. Other company, product, and service names located on the Websites may be trademarks or service marks owned by others. Nothing on the platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the trademarks or service marks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Change Up Learning and Change Impact trademarks inures to our benefit.
Registered Users’ Intellectual Property
Any content created by Registered Users will be owned by the Registered User but may be accessed and referenced by Change Impact and other Registered Users.
Third Party Intellectual Property
Change Impact respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
PO Box 294
East Rockaway, NY 11518
If you believe that your work has been copied on the platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
These Terms of Service and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.