Terms of Service for Continuing Education Website (LEO)
Effective Date: December 1, 2014
Last Updated: March 3, 2017
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, PAYING FOR, OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
TYPEWELL MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT TYPEWELL MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
1. About the SiteTypeWell provides professional training services and licenses transcribing software to be used by individuals who have successfully completed TypeWell’s online training program. The Website and related services provide users with training regarding real-time speech-to-text services so that users can directly provide these services as an accommodation for students who are deaf/hard-of-hearing. The TypeWell transcribing system involves condensing spoken language into concise English, using specialized abbreviation software to product transcripts in real time.
TypeWell also provides continuing education workshops for TypeWell transcribers, disability service coordinators, content developers, instructors, and other disability support staff through TypeWell’s Learning Management System, called Learning & Enrichment Online (LEO). TypeWell’s LEO Website is hosted by TalentLMS (and previously was hosted by Edvance360). The Terms of Service for the LEO Website may be found at http://www.typewell.com/leoterms.
Further, Typewell provides you with a Support Center to address your questions regarding your use of the Website and its related services. TypeWell’s Support Center is hosted by desk.com. Desk.com’s Terms of Service can be found at http://www.desk.com/terms.It is not TypeWell’s intention to directly provide speech-to-text services. Rather, the Website and related material contained on the Website are for informational, research, and training purposes only.
You understand that TypeWell is not obligated to provide any maintenance, technical or other support for the Website.
2. Warranties and RepresentationsYou warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to TypeWell and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and TypeWell makes no representation that its Website or services are appropriate, lawful, or available for use in other locations. TypeWell does not offer the Website where prohibited by law.
You warrant and agree that you will not use the TypeWell software to provide services to others if you have not passed the TypeWell Transcribing Course and/or if your TypeWell service qualification has been revoked or downgraded.
3. Ownership of Website and License
You acknowledge and agree that TypeWell is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of TypeWell.
TypeWell hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the termination of this license. Absent prior written permission from TypeWell, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. On occasion, TypeWell will expressly specify the content that may be shared and the manner for sharing this content.
This license is revocable at any time, and any rights not expressly granted herein are reserved to TypeWell.
4. TrademarksAll trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners. Specifically, all TypeWell marks are owned by or licensed property of TypeWell, including, but not limited to TYPEWELL and TYPEWELL logos.
The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of TypeWell. You are prohibited from using TypeWell’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of TypeWell.
5. Account and User Registration; Termination
Users:To use TypeWell’s Basic Skills Course for training services, you must register a free Application Account by completing the required information on the Website. During the application process, you will be provided with specific course information, such as course schedules, due dates, and required equipment. If accepted into the TypeWell’s Basic Skills Course, your account will be converted to a Training Account. At this point, you will be required to sign and return a copy of the Student Information Sheet. Once you or your sponsor have made the required payments and you have begun the TypeWell Basic Skills Course, you need to complete an Intro Questionnaire. If you pass the course, your Training Account is converted into a Transcriber Account and you will receive a service qualification. The service qualification allows you to obtain your software license.
To use TypeWell’s Learning Management System, TypeWell will manually create accounts for transcribers and service coordinators enrolled in continuing education courses, content developers, facilitators and instructors of the discussion-based courses, and administrators.
School/University Service Coordinators, Support Staff, or Staff Members:To purchase and manage TypeWell’s software licenses, you must register a free Site Account. An Account Manager will be responsible for managing the TypeWell software license for a particular site.
You may make payments to TypeWell on the Website or by phone. TypeWell only accepts payments by credit card or by check. Credit card payments are processed online through a third-party payment processor, such as PayPal. You shall not add or modify any terms or conditions to your payments to TypeWell for any of TypeWell’s products or services.All prices are listed in U.S. Dollars (USD) and are guaranteed only after (i) your credit card has been charged and (ii) your purchase is completed. You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity.
TypeWell may change any terms, conditions, rates, fees, expenses, or charges regarding your use of the Website at any time. Your use of the Website shall constitute acceptance of any changes made to this Agreement.You agree to provide TypeWell with accurate, up to date, and complete information. You understand and agree that you have an ongoing duty to update your personal information if and when it changes. You are expressly prohibited from creating an Account or User Profile that impersonates another person or otherwise violates the rights of a third party. TypeWell reserves the right to restrict access to, suspend, disable, or delete your Account or User Profile at any time, in its sole discretion, and without prior warning. You are expressly prohibited from selling, leasing, lending, assigning, or otherwise transferring your Account or User Profile.
You agree to keep your Account secure from unauthorized access. You will log in using your account password. You should not reveal your password to others. You agree that you alone are responsible for your Account and all associated User Profiles. You accept full responsibility for any and all use of your Account, whether authorized or unauthorized. In the case of unauthorized access to your Account, you agree to contact TypeWell immediately. You agree to hold harmless and indemnify TypeWell for any damages that arise out of or in relationship to the use of your Account.By creating an Account, you agree that TypeWell, and its designees and agents, may contact you by any available means, include, but not limited to, by email.
By creating an Account, you agree that TypeWell, and its designees and agents, may contact you by any available means, including, but not limited to, by email.
6. User Generated Content
TypeWell may provide you with the ability to submit user generated content to the Website, which may include but is not limited to text and other content (collectively “User Generated Content”). Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services.
No User Generated Content is shared between training accounts for TypeWell’s Basic Skills Course. User Generated Content entered into your private profile will be viewable only by TypeWell. You expressly acknowledge that TypeWell does not guarantee any confidentiality with respect to any submissions of your User Generated Content.
TypeWell’s Learning Management System allows for sharing of User Generated Content, such as names, profile information, and images through shared group classes and blogs. User Generated Content posted to public areas of the TypeWell’s Learning Management System, will be publicly visible to Account holders on this System and third parties. User may control whether User Generated Content will publicly visible to third parties, instead of the User Generated Content remaining private.By submitting User Generated Content to the Website, you grant TypeWell a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.You agree that you are solely responsible for any User Generated Content that you submit to the Website. TypeWell acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. TypeWell does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party. Users expressly acknowledge that they interact with and share information with other users at their sole risk.
TypeWell reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines, at its sole discretion, violates the terms of this Agreement. TypeWell also reserves the right to terminate a user’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.
7. Section 230 of Communications Decency Act
You acknowledge and agree that TypeWell is an interactive computer service provider under Section 230 of the Communications Decency Act. Though TypeWell may edit, remove, or control the content displayed through the Website, you agree that TypeWell will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
8. Third Party Links
You understand that the Website may contain links to third party websites, applications, or services that TypeWell does not own or control. You agree that TypeWell will not be held responsible or liable for the content of third party websites, applications, or services and that TypeWell’s inclusion of those websites, applications, or services within its Website does not constitute TypeWell’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
9. No Endorsement
TypeWell does not endorse or recommend any commercial product, process, or service. The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of TypeWell and are not intended to be used for advertising or product endorsement purposes.
10. User Conduct
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.Specifically, you are expressly prohibited from: using a robot, spider, scraper, or other automated technology to access the Website; imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website; circumventing TypeWell’s technological and physical security measures; impersonating another; posting or transmitting content that threatens or encourages bodily harm or destruction of property; posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties; posting or transmitting content that is offensive, derogatory, or obscene; posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and posting or transmitting content intended to collect personal or personally identifiable information from users or third parties.
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to TypeWell by sending an email to firstname.lastname@example.org.
11. Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. TypeWell may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
12. Disclaimer of Warranties
TYPEWELL DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES PURCHASED THROUGH THE WEBSITE. TYPEWELL PROVIDES THE WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.TYPEWELL WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. TYPEWELL IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. TYPEWELL RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
TYPEWELL WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF TYPEWELL’S WEBSITE OR RELATED SERVICES REMAINS WITH YOU.
13. Limitation of Liability
TYPEWELL WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT TYPEWELL CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO TYPEWELL, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. TYPEWELL IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE OR THE ACCURACY OR COMPLETENESS OF THE INFORMATION YOU PROVIDE WHILE TRANSCRIBING DURING OR AFTER TYPEWELL’S TRAINING COURSES.
14. IndemnificationYou agree to hold harmless, indemnify, and defend TypeWell, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services purchased through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend TypeWell under the terms of this Agreement will not provide you with the right to control TypeWell’s defense, and TypeWell reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify TypeWell.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. TypeWell may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
16. Resolution of Disputes and Governing Law
This Agreement will be interpreted under and governed by the laws of the State of Arizona without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against TypeWell will be exclusively resolved through arbitration.YOU AND TYPEWELL AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM TYPEWELL, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN ARIZONA AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF ARIZONA AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND TYPEWELL AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF ARIZONA. YOU AND TYPEWELL AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
SeverabilityIf any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
No WaiverYou understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Child Online Privacy Protection ActThe Website is not directed to persons under the age of eighteen (18) and TypeWell will not knowingly collect personally identifiable information from children under the age of eighteen (18). If TypeWell inadvertently collects such personally identifiable information, TypeWell will delete the personally identifiable information in accordance with its security protocols.
Limitation On ActionsTYPEWELL AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
Reservation of Rights
All rights not expressly granted herein are reserved to TypeWell.Notice
Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:
P.O. Box 221
Patagonia, AZ 85624
This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.