1. Welcome to the CAPS Speaker Academy! 1.1 The Canadian Association of Professional Speakers ("CAPS") is providing this CAPS Speaker Academy learning program (the "Academy" and the “Service”) to you through the Academy website and through mobile applications and related services subject to the following Terms of Service. PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE, THE SERVICE AND THE ACADEMY. 1.2 We reserve the right to change or modify portions of these Terms of Service at any time. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. 1.3 At the CAPS Speakers Academy, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein. 2. Access and Use of the Service 2.1 Use Description: The CAPS Speaker Academy is solely for your personal and non-commercial use. With your CAPS Speaker Academy enrollment we grant you a limited, non-exclusive, non-transferable, license to access the CAPS Speaker Academy content and view your course module(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. The CAPS Speaker Academy may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise. 2.2 Member Account, Password and Security: You may not use another person’s Academy account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify the CAPS Speaker Academy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. 2.3 Additional Academy Benefits for Non-CAPS members: If you are not a member of CAPS, you receive the additional benefit of being able to attend CAPS chapter and national events at the same price as a CAPS member would pay. This includes chapter event fees and national convention fees. This benefit is limited to the first 24 months of your Academy enrollment. Should you not become a member of CAPS within the 24 month term you will be offered the opportunity to renew your access to the Academy, however you will no longer have the additional benefit of paying the member price for chapter meetings or the national convention. 2.4 Participation in the CAPS Speaker Academy Learning Community: In addition to accessing the recorded modules offered by the Academy, you are welcome to participate in the CAPS Speaker Academy Learning Community. This additional benefit can help provide support during your implementation of the Academy modules. 2.5 Money Back Guarantee: Should you become dissatisfied with the CAPS Speaker Academy within the first 30 days after purchase, the CAPS Speaker Academy will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available after 30 days. Refunds are not available for accounts which have violated the Terms of Service. 3. Conditions of Use 3.1 User Conduct: You agree to not use the Service to: 1: email or otherwise upload any content that infringes any intellectual property or other proprietary rights of any party, 2: collect email addresses or other contact information of other users from the Service for the purposes of sending unsolicited emails or other unsolicited communications, 3: advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized. 3.2 Fees: To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide the CAPS Speaker Academy information regarding your credit card or another payment method. You represent and warrant to the CAPS Speaker Academy that such information is true and that you are authorized to use the payment method. You agree to pay the CAPS Speaker Academy the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize the CAPS Speaker Academy to bill your payment method in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let the CAPS Speaker Academy know within sixty (60) days after the date that you are charged. Payments are non-refundable and there are no refunds or credits for partially used periods. If you have chosen to pay your Academy fees in monthly installments, you are required to pay those installments on time. Beyond the 30-day cancellation period you are liable for any remaining balance should you fail to make your installment payments on time. If your installment payments become past due, your access to the service will be suspended until any past due amounts are collected. Any other benefits that accompany your Academy enrollment will also be suspended until any outstanding installment payments have been made. You understand that CAPS has the right to pursue unpaid installments including using collection services. You may cancel your paid access to the Academy at any time by providing notice in writing. If you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. 3.3 Commercial Use: Unless otherwise expressly authorized herein or by the CAPS Speaker Academy in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 4. Intellectual Property Rights 4.1 Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by the CAPS Speaker Academy, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content. In connection with your use of the Service, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. The technology and software underlying the Service or distributed in connection therewith are the property of the CAPS Speaker Academy and our partners (Thinkific). The CAPS Speaker Academy name and logos are trademarks and service marks of the CAPS Speaker Academy and CAPS. Other CAPS Speaker Academy, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners. Nothing in this Terms of Service or the Service should be construed as granting any license or right to use any of the CAPS Speaker Academy Trademarks displayed on the Service, without our prior written permission in each instance. 4.2 Third Party Material: Under no circumstances will the CAPS Speaker Academy be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. 4.3 User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. 5. Third Party Websites The CAPS Speaker Academy may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The CAPS Speaker Academy has no control over such sites and resources and the CAPS Speaker Academy is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that the CAPS Speaker Academy will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that the CAPS Speaker Academy is not liable for any loss or claim that you may have against any such third party. 6. Indemnity and Release To the fullest extent permitted by law, you agree to release, indemnify and hold CAPS and the CAPS Speaker Academy and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, rights, claims, actions of any kind arising out of or relating to your use of the Service. 7. Disclaimer of Warranties The CAPS Speaker Academy MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. 8. Termination You agree that the CAPS Speaker Academy, in its sole discretion, may suspend or terminate your account or use of the Service for any reason, including, without limitation, for lack of use or if the CAPS Speaker Academy believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service. 9. General These Terms of Service constitute the entire agreement between you and the CAPS Speaker Academy and govern your use of the Service. These Terms of Service will be governed by the laws of the province of Ontario.
