User Conduct. This Website and its services are made available to You for the primary purpose of providing You with online courses and continuing education hours. This Website is intended for personal non-commercial use only. By accessing such services through Your User Account You agree You will not:
Age Restrictions. This Website is intended for the use of adults, 18 years or older. If You are under 18 years old, You may use this Website only with the permission of Your parent or legal guardian, HOWEVER, no one under 13 years old may use this Website or any services provided by ZipMart.
Pre Arbitration Clause. IMPORTANT: BY AGREEING TO THESE TERMS YOU AGREE TO RESOLVE DISPUTES WITH US THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED BELOW.
User Submission. During Your use of the services on this Website You may submit materials to Us, including but not limited to questions, tests, and comments (collectively "Materials"). By submitting Materials You are granting a Us a worldwide, perpetual, transferable, royalty free license to use, distribute, sublicense, reproduce, modify, adapt, create derivative works, archive, publicly perform, and publicly display such Materials in any media or medium now known or hereafter devised. You represent and warrant that:
All content included on the Website, including by not limited to text, graphics, logos, video, images, html code, and other materials (“Content”) are exclusively owned or licensed by Us. The Content is protected under applicable copyright and trademark laws or other proprietary rights. We expressly reserve all intellectual property rights in the Content. Except as provided for herein, nothing in this TOU represents a license or grants You the rights to any of the Content. All rights not granted herein are reserved and held by and for Us.
We and/or the applicable business partner that is providing a course reserve the right to cancel, interrupt, remove, or reschedule any online course or may modify its content, platform, or availability. The Refund Policy below applies to all courses.
Some courses provide continuing education credit for Users who successfully complete each course as specified. Satisfactory completion of each course is solely determined by the company who is providing the course. You acknowledge that a certificate is only for continuing education credits and will not provide You with any certification in the field or area in which the course focuses.
We may, in our sole discretion, terminate Your use of the Website or Your User Account with or without reason, and We shall have no liability to You for any such action. We have the right to cancel, delay, reschedule, remove, or alter the format of any course at any time without notice. If You want to terminate Your User Account You may do so by contacting Us at legal@ZipEdTech.com. If We terminate Your User Account, based on Your breach of these TOU, any purchases of courses associated with Your account will not be subject to a refund. If We terminate Your User Account for any other reason, We may refund Your purchases subject to the Refund Policy below.
Refund Policy. ZipMart, an education marketplace, provides Users with a wide variety of differing content allowing You to find the courses that are right for You. ZipMart works with several vendors to offer all the courses available on the Website and therefore Our refund policy differs depending on the type of courses You purchase. Please see below for Our most current refund policy for the corresponding vendors. The below refund policies are subject to change and may not reflect the most up-to-date policy, please contact firstname.lastname@example.org to confirm Your course’s current refund policy.
Before bringing a formal legal case, please first try contacting our support team at support@Zipmart.com. Most disputes can be resolved that way.
We Both Agree to Arbitrate. If we can't resolve our dispute amicably, we agree to resolve any claims relating to these Terms, or any of Our other terms posted from time to time, through final and binding arbitration. This applies to all kinds of claims under any legal theory.
No Class Actions. You and Us agree that we can only bring a claim against each other on an individual basis. That means: (a) neither You nor We can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person's claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator's decision or award in one person's case can only impact the person who brought the claim, not other Users, and cannot be used to decide other disputes with other Users. If a court decides that this subsection on "No Class Actions" is not enforceable or valid, then the entire Section VIII (Agreement to Arbitrate and Class Action Waiver) will be null and void, but, the rest of the TOU will still apply
The Arbitration Process. Any disputes between You and US relating to the Services that involve a claim of less than US $10,000 must be resolved exclusively through binding non-appearance- based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, we agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Any disputes between us and relating to these TOU, the Website or the services provided that involve a claim of more than US $ 10,000 must be resolved in accordance with the AAA's rules about whether the arbitration hearing has to be in-person.
Jurisdiction for Legal Disputes Not Subject to Arbitration. If the Agreement to Arbitrate is determined to be invalid or unenforceable or for any disputes that do not qualify for arbitration, the dispute shall be subject to the exclusive jurisdiction of the Federal and State courts located in Los Angeles, California. You hereby consent
You are responsible for complying with all applicable laws and regulations of the jurisdiction from which You accesses the Website. We strive to comply with all applicable California and federal laws and regulations.
Disclaimers and Limitation of Liability. We periodically review and update the Website, however, We make no representation or guarantee of any kind with respect to the Website or the accuracy of the information presented on the Website. THE COURSES, CONTENT, AND THE INFORMATION WITHIN THE SERVICES AND ON THE WEBSITE ARE PRESENTED “AS-IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT AND EXPRESSLY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE COURSES, THE WEBSITE, INFORMATION OBTAINED FROM THE WEBSITE, OR LINKS TO A SITE. WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USERS RELYING ON THIS INFORMATION DO SO AT THEIR OWN RISK AND WE SHALL NOT BE LIABLE FOR THE ACCURACY OF THE INFORMATION OR ANY ACTIONS TAKEN BASED ON THAT INFORMATION.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES OR CLAIMS RELATED TO THE USE OF OR YOUR INABILITY TO USE AN ONLINE COURSE, THE WEBSITE, ANY INFORMATION OR CONTENT ON THE WEBSITE, OR THE SERVICES. YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE WEBSITE, SERVICES, OR COURSES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS, OR SUCH CAUSES OF ACTION ARE PERMANENTLY WAIVED.
Copyright Policy. We respect the intellectual property rights of others. The Digital Millennium Copyright Act provides copyright owners with protection for their copyrighted content online under the US Copyright law. It is Our policy to comply with such Act and laws. If You believe, in good faith, that Your copyright has been infringed on this site, You may send Us a notice requesting that the material is removed.
Any notice of copyright infringement must contain the following information in order for Us to properly handle such requests:
Notices can be sent to:
11859 Wilshire Blvd., Suite 600
Los Angeles, CA 90025
We reserve the right to change or update these TOU at any time. If there is a major change in these TOU, We will strive to provide notice to all Users via the Website, however, cannot guarantee flawless technical delivery of such notice. It is Your responsibility to periodically check this Website and to review these TOU.
If You have any questions, comments or concerns about these TOU, please contact Us at legal@ZipEdTech.com or by mail at:
11859 Wilshire Blvd., Suite 600
Los Angeles, CA 90025
We are committed to providing quality service for our customers. One of the ways in which We can continue to improve Our service is by listening and responding to Your views, and in particular by responding to complaints in a prompt and polite manner. In order to accomplish this, complaints should be in writing, signed and submitted to ZipMart Complaints, 11859 Wilshire Blvd., Suite 600, Los Angeles, CA 90025, or legal@ZipEdTech.com. Complaints should be limited to violations that occurred no more than one (1) year prior to the date the complaint is received by ZipMart. Each complaint should include the following:
We will review all complaints within a reasonable time after they are received and respond within fifteen (15) business days by phone or mail. We will strive to resolve each complaint within sixty (60) business days. If further time or action is required the complainant will be notified.
Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by telephone at (800) 952-5210.