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Terms and Conditions for Using MobiAppLab™ Mobile LMS

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Terms and Conditions for Using MobiAppLab™ Mobile LMS

 
 

Terms and Conditions for Using MobiAppLab™ Mobile LMS

Last modified September 25, 2011.

(By enrolling for our Programs, by accessing our Programs using an App for Mobile Devices or our Web Site, you are agreeing to the terms and conditions listed below. MobiAppLab™ reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes)

This agreement is between an enrolled student (hereinafter “STUDENT”) and MobiAppLab™ (hereinafter “MOBIAPPLAB”).  When a STUDENT successfully completes their first Program with MOBIAPPLAB, they will be termed as “ALUMNI”.

  1. A person is considered an ‘enrolled student’ if they have registered for a Program, regardless of whether the Program is free or requires payment.
  2. All course material for Programs offered by MOBIAPPLAB are placed online and made available to STUDENT either via an App for mobile devices (hereinafter “APP”) and/or via a Website (hereinafter “WEBSITE”).
  3. The WEB SITE is intended for serious STUDENTS only.  Any accounts created by visitors who are not STUDENTS or are spammers will be removed without notice.  If you feel your account has been removed in error, please contact us.
  4. This agreement is entered into based on the following assumptions:
    1. STUDENT wishes to improve their abilities and competencies to deliver results in creating and delivering mobile learning.
  5. STUDENT understands and accepts that to gain the full benefits, a Program needs to be attended in its entirety with active participation.
  6. STUDENT and MOBIAPPLAB shall, for instructor led programs, meet at a time and place mutually agreed upon.
  7. STUDENT commits to take every step and make every effort to attend sessions and meetings.
  8. STUDENT commits to diligently perform assignments provided by MOBIAPPLAB:
    1. A new assignment(s) will be provided each week. STUDENT will perform assignment for one week and will strive to complete it before the next meeting.
    2. STUDENT will submit a summary report every week, as per format provided by MOBIAPPLAB.
    3. STUDENT shall provide feedback on their experiences to MOBIAPPLAB.
  9. STUDENT shall pay the fees in full for services provided by MOBIAPPLAB before starting a Program.
  10. STUDENT agrees that nothing in this agreement implies transfer of title to the material, or any intellectual property rights to this APP or the WEBSITE or the Program or the materials provided to STUDENT.
  11. If  MOBIAPPLAB has reason to believe that STUDENT has lost interest or is unable to benefit from a Program, MOBIAPPLAB shall un-enroll STUDENT from the program and remove access to online course materials. The following are provided as examples and not as a complete list of reasons:
    1. STUDENT misses sessions without providing an explanation and without providing a plan for make up.
    2. STUDENT does not complete assignments on time without providing an explanation and without providing a plan for make up.
    3. STUDENT  continuously disrupts sessions by asking questions or raising discussions that are not relevant to the agenda or goals of the session.
    4. STUDENT is unable to practice the skills and behaviors taught in a Program, for any reason whatsoever.
  12. When a STUDENT successfully completes the first Program, they will be termed as ALUMNI of MOBIAPPLAB.  ALUMNI will be provided benefits per the discretion of MOBIAPPLAB.
  13. To successfully complete a PROGRAM, a STUDENT must do the following:
    1. Pay all fees due in a timely manner.
    2. Attend all sessions for instructor led programs, unless instructor agrees in writing to excuse attendance for a specific session.
    3. Complete all assignments in a timely manner.
  14. ALUMNI will continue to have access to the online Program materials after the Program is over, including upgrades and enhancements, if ALUMNI continues to visit the WEBSITE after completion of Program.  In the event that the ALUMNI does not log into a Program for 180 days, they will be un-enrolled from the Program and all access to the Program will be removed.  Access will be reinstated for a fee, the amount may change from time to time without notice.
  15. In the event STUDENT is un-enrolled from a Program, no fees paid shall be refunded.
  16. What the Programs are NOT:
    1. MOBIAPPLAB shall not provide, as part of a Program, unless agreed to specifically in writing, advice of a ‘consulting’ nature, e.g., no advice on how to specific problems that STUDENT is seeking to address shall be provided.
  17. STUDENT acknowledges that due to the large number of variables at play, there can be no guarantee that a Program will provide any benefits of any kind.
  18. STUDENT takes full responsibility for their actions and acknowledges that MOBIAPPLAB will not be responsible for any consequences as a result of anything done by the STUDENT to implement the lessons learnt in a Program.
  19. During a Program, MOBIAPPLAB shall be sharing copyrighted and confidential information:
    1. STUDENT agrees to respect the copyrights and shall not share the content received as part of a Program with anyone.
    2. This clause does not apply to content available in the public domain.
  20. STUDENT will highlight copyrighted and confidential information prior to sharing it with MOBIAPPLAB:
    1. MOBIAPPLAB shall respect such copyright and confidentiality and not share it with anyone.
    2. MOBIAPPLAB prefers not to receive any copyrighted or confidential information from STUDENT, unless it is absolutely essential to the discussion.
    3. This clause does not apply to content available in the public domain.
  21. The course material for a Program will be stored online on WEB SITE. The WEB SITE will require STUDENT to register with the site and create a login id and password.
    1. STUDENT agrees to provide registration information that is accurate and up-to-date.
    2. STUDENT agrees not to impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on WEB SITE.
    3. If  any of STUDENT’s registration information changes, STUDENT agrees to update it by using the appropriate update mechanism on WEB SITE.
  22. STUDENT agrees not to do the following in connection with use of WEB SITE:
    1. Transmit any message, information, data, text, software or images, or other content that is unlawful, harmful, threatening, racist, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another’s right of privacy or publicity.
    2. Impersonate  any person or entity, including but not limited to, a forum leader, guide or host or falsely state or otherwise misrepresent STUDENT’s affiliation with a person or entity.
    3. Post or transmit any Material that STUDENT does not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements, trade secrets, copyrighted material).
    4. Post or transmit any material that contains a virus or corrupted data.
    5. Delete any author attributions, legal notices or proprietary designations or labels in any material uploaded by STUDENT.
    6. Use the WEB SITE’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, or flooding continuous posting of repetitive text).
    7. Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise.
    8. Violate any applicable local, state, national or international law.
    9. Manipulate or otherwise display WEB SITE by using framing or similar navigational technology.
    10. Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any product or service offered by MOBIAPPLAB if STUDENT is not expressly authorized to do so.
    11. Disrupt, overwhelm, attack, modify, reverse engineer or interfere with WEB SITE or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of WEB SITE.
    12. Frame the content of WEB SITE. STUDENT agrees not to use metatags or any other  “hidden text” that incorporates MOBIAPPLAB’s trademarks or name without express written consent.
  23. STUDENT agrees to take full responsibility for actions that occur using STUDENT’s login and password.
  24. STUDENT agrees not to share their login id and password to the online course materials with anyone for any reason whatsoever.  STUDENT understands and acknowledges that this is necessary for the following reasons:
    1. Sharing the online course materials may expose the copyrighted materials to misuse.
    2. Allowing anyone other than the STUDENT to login using STUDENT’s login and password may expose the information about the other participants, leading to undesirable and unintended breach of privacy.
    3. If any person randomly reads the course material online and reads it without understanding the context and without opportunity to clarify intent, may not experience the full benefits, may experience undesirable consequences; and may make conclusions about the program’s effectiveness with insufficient information.
    4. When sharing login and password information with others, STUDENT has no control over further sharing, thus increasing the problems highlighted above.
  25. STUDENT shall not sub-license, transfer, sell or assign their login and password, and/or this agreement to any third party.
  26. STUDENT agrees to inform MOBIAPPLAB immediately upon coming to know of unauthorized access to WEB SITE using STUDENT’s login and password by sending us an email.
  27. STUDENT agrees that by providing or posting any materials to WEB SITE, its forums, or sending us an e-mail or contacting employees of MOBIAPPLAB:
    1. STUDENT grants MOBIAPPLAB an irrevocable, perpetual, royalty free, non-exclusive worldwide license to use the materials both within WEB SITE and in any other manner.
    2. The license extends to adapting and editing the materials, as well as copying, distributing, publicly performing or displaying, and otherwise transmitting them in any media.
    3. STUDENT agrees that MOBIAPPLAB may derive revenue and/or other remuneration from the content provided by STUDENT or posted to the WEB SITE without payment  or compensation to STUDENT.
    4. MOBIAPPLAB also reserves the right to remove any posts and comments for any reason whatsoever, without providing oral or written notice.
  28. WEB SITE may contain links to other websites that MOBIAPPLAB thinks may be of interest to STUDENT. MOBIAPPLAB is not responsible for and has no control over these other sites or their content. STUDENT agrees that the other website is governed by its own user agreement and privacy statement, which STUDENT agrees to read.
  29. STUDENT agrees to indemnify and hold MOBIAPPLAB harmless against any loss or damage (including reasonable attorney fees) incurred byMOBIAPPLAB as a result of any claim for defamation, or invasion of copyright, trademark, right of privacy, right of publicity, or any other right brought against MOBIAPPLAB based upon actions of STUDENT.
  30. Third parties may offer content and services, and STUDENT may be subject to third party terms and that third parties may enforce terms against STUDENT.
  31. STUDENT acknowledges that if the if the online course content is accessed via a mobile device, carrier rates for phone, data and text messaging may apply.
  32. STUDENT agrees to review the privacy policy for WEB SITE.
  33. STUDENT agrees to keep the details of this agreement confidential.
  34. If STUDENT believes that content appearing on WEB SITE constitutes copyright infringement of another party’s rights, STUDENT agrees to send an email with details of the concern.

(MobiAppLab™ reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time.   It is your responsibility to check these Terms and Conditions periodically for changes)

 

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