Terms of service.
Updated 06/26/2023.
IMPORTANT—PLEASE READ CAREFULLY. These terms of service and WholeWorks privacy notice (“Terms”) are an agreement between you and WholeWorks, LLC, a Vermont corporation. References to "us", "we", "our", and "WholeWorks" shall mean WholeWorks, LLC.
These Terms and our privacy notice govern your access to and use of WholeWorks courses, services and products, including materials (individually or collectively, the "Services") and any information, research, case studies, content, text, graphics, photos or other materials uploaded, downloaded, purchased, or appearing on or through the Services (collectively referred to as "Content"). These Terms apply to all visitors, users, and others who access and use the Services ("Users" or “Attendees”).
By accessing or using the Services you agree to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT, TO THE EXTENT APPLICABLE TO YOU, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Basic Terms & Accounts
You are responsible for your use of the Services. Your account with WholeWorks gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. You may use the Services only in compliance with these Terms, any agreement entered into by your institution relating to the Services, and all applicable local, state, national, and international laws, rules, and regulations.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. WholeWorks shall have no liability for your interactions with other Users, nor for any User’s acts or omissions.
2. System Requirements
Participation in this program requires a Mac or PC computer less than 5 years old, a smartphone less than 3 years old, reliable high-speed internet or cellular connection, a current email account, and a modern web browser. All features may also be accessed via Apple or Android mobile devices, however some content such as business reports is optimized for computer displays.
You are obliged to source and obtain access to the necessary software and resources required for Course completion at your own cost. Your use of such software or resources is solely at your own risk, and you release WholeWorks from any claims or obligations to you, including a right to any refund, as a result of your reliance on such software and resources.
Operating System - Microsoft Windows or Apple MacOS
RAM - 2GB required
Free Disk Space - 500MB available hard-drive space with rights to install software
Connection - Internet service provider; broadband connection with 1.5 Mbit/s or higher required to participate in live sessions
Audio & Video - Speakers or headphones and a microphone for listening to audio components and participating in online meetings. A webcam can optionally be used for meetings, but is not required.
Monitor - Resolution of 1280 x 1024 or higher
Mobile Device - Any modern smart device either Android or iOS within two major versions of the latest release.
Browser - Quality Assurance is conducted against the latest versions of Chrome, Firefox and Safari. Because of this approach, the application will typically work on all modern browsers and modern browser versions.
Microsoft Internet Explorer is explicitly not supported.
In order to provide you with access to the program, the browser should be set to: (i) accept cookies which we use to track certain activities as described in in our privacy notice; and, (ii) allow JavaScript and to show the newest version of a page.
Recommended software: Adobe Reader or other PDF reader; Microsoft Excel.
Ability to access to Zoom video communications
Microsoft Excel – Must be downloaded on your device. We will provide instructions for obtaining a free read-only copy for both computer and smartphone.
3. Privacy and Terms of Service
By taking part in the program, you agree that you accept the WholeWorks Terms of Service and WholeWorks Privacy Notice, as well as those of our primary learning platform provider, NovoEd, and our other service and technology providers.
NovoEd
https://novoed.com/terms-of-service/
Tableau by SalesForce
https://www.tableau.com/legal
Daily
https://www.daily.co/legal/privacy/
Intrepid by Vitalsource
Zoom
https://zoom.us/terms (Terms)
https://zoom.us/privacy (Privacy)
Microsoft Teams
https://www.microsoft.com/en-us/servicesagreement
Information you make available as part of your profile will be available to program staff and may be available to other participants.
As a participant in a WholeWorks program, you may receive news and promotional information about other offerings, should you choose to opt in. You may opt out of email and/or physical mailings at any time. You will not receive promotional emails from our technology vendors unless you explicitly opt-in to these communications.
4. Program Materials
WholeWorks has and retains all rights, title, intellectual property, and interest in and to all Programs and any and all materials, work and work product owned or developed by or for WholeWorks prior to, independently from, or during WholeWorks’s engagement hereunder; (ii) to the extent any materials provided for use in connection with a Program (“Program Materials”) include WholeWorks’s or any third party’s pre-existing materials, concepts, ideas, specifications, data, designs, programs, reports, products, manuals, visual aids, documentation, tools, processes, models, know-how, software, methodologies, technology or techniques or is a generic component made by or for WholeWorks for any deliverable, material, work product and/or work made for hire, WholeWorks or the third party shall retain exclusive ownership in such materials, etc.
WholeWorks grants each Attendee the right to download (if applicable) and make a reasonable number of copies (5 or fewer) of the WholeWorks Materials for the Attendee’s personal use during and in connection with the Programs and the right to use them thereafter to assist the Attendee in his or her personal professional development. Additional copies may be made through arrangements with WholeWorks. Participants may download Third Party Materials once only (if applicable) and may use the Third Party Materials without copying solely during and in connection with the Programs. If an Attendee desires to make copies of any of the Third Party Materials or to make any use of them other than during and in connection with the Programs, the Attendee must first obtain from the relevant copyright owners all necessary rights or licenses to be able to do so.
Unless otherwise indicated, all course content, such as text, images, video, and the HTML used to generate the pages and course materials (“Material”) are the property of WholeWorks or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under US or foreign laws. In consideration for your agreement to the terms and conditions contained here, WholeWorks grants you, as Attendee, a personal, non-exclusive, non-transferable license to access and use this material. You may use this Material only for your own personal, non-commercial use, and may not otherwise copy, reproduce, duplicate, retransmit, distribute, publish, scrape, download in bulk, sell, resell, commercially exploit or otherwise transfer any Material or modify or create derivative works of the Material. The burden of determining that use of any program information, software or any other content on the Site or available in the Program is permissible rests with you.
Some content is provided by third parties, including other users, and the use of that content is subject to rules and restrictions, as indicated on the Site. You agree to be bound by all such rules and restrictions.
5. Course Delivery and Support
The delivery of the course is administered by WholeWorks. This includes all Course Facilitators and the Course Manager.
English is the language of instruction and administration for all WholeWorks Courses. All coursework that is required for assessment purposes must be written in English. This includes posts made on discussion forums. The Course also requires participation in live meetings conducted in English.
Your primary contacts during the Course will be your Facilitator and Course Manager. The role of the Facilitator is to provide guidance during the team simulation and address questions about Course content. The role of the Course Manager is to ensure that you have access to Course platforms and materials and are supported and well informed about Course events. Your Course Manager will also handle administrative or technical-related queries that you may experience during the course.
A variety of support options are available to you throughout the program, including your Facilitator and Course Manager. In general, the web-based tools that are used in our learning platforms provide extensive knowledge bases and opportunities for help. If you need additional assistance, please contact WholeWorks at support@wholeworks.com.
6. Media Release
You hereby grant WholeWorks, and all entities affiliated or associated with WholeWorks, the right to record, edit, use, reproduce, publish and distribute by way of photograph, video, broadcast, live-streaming, print, and all other media and transmission, electronic or otherwise, which is currently known and developed or that may hereinafter be developed, your visual and/or audio likeness and other information that you may choose to provide to WholeWorks, which includes, without limitation, your name, biographical information, recorded voice, likeness, commentaries and/or performance at and of the courses or other programming, specifically on those recordings that you provide voluntarily to us or which you share with other participants in the Services (the “Recording”). Furthermore, you grant WholeWorks permission and a fully paid, royalty-free license to use such Recording for educational, fundraising, promotional or other purposes worldwide and in perpetuity.
The program may enable you to share your own content, including assignments with WholeWorks, facilitators, speakers, and fellow participants. We cannot and do not, guarantee that any intellectual property shared in the program or otherwise through any platform, including the website will not be used by other students.
You agree that WholeWorks will be held harmless from any and all liability that may arise regarding the production, use, and distribution of the Recording as described herein, and WholeWorks is hereby released from any claims relating to the rights granted above. You understand and agree that you will not receive any compensation for the release described above. Although this release is granted, you further understand that WholeWorks is under no obligation to use your likeness or any Recording.
7. Use of the Site and Participation in the Program
WHOLEWORKS RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME AND WILL PUBLISH NOTICE OF ANY MODIFICATIONS ON-LINE AT THIS SITE. BY CONTINUING TO ACCESS A SITE AND PARTICIPATE IN A PROGRAM AFTER NOTICE OF SUCH MODIFICATIONS HAS BEEN PUBLISHED, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THEM.
8. Access to Program
While portions of the Program may be available to the general public, portions of the Program may be restricted to registered users who meet eligibility criteria. You agree that you will not access any registration-only portions of the Program if you do not meet the eligibility requirements, specifically that you must be at least 18 years old, have at least 3 years of professional experience, and availability and commitment to devote the requisite hours as indicated for each course.
WholeWorks is not responsible for any delay, inability or failure to access the Site due to any cause, including but not limited to acts of God, natural disasters, government orders, labor unrest, malfunction of user hardware or software, interruption in internet service, loss or corruption of data, and unanticipated suspension or cessation of service from any underlying service provider.
9. User Accounts
In order to fully participate in all Site and Program activities, you must register and log in using credentials provided by WholeWorks to a User Account that is required for the Program.
Prior to receiving your login credentials, you will be asked to complete a brief survey to gather information about you and your professional experience. This information may include but is not limited to:
Name
Organization
Position/Title
Years of Professional Experience
Location (City, State, Country)
Gender
Your individual information is used for the purpose of forming simulation teams (for simulation-based courses) with an appropriate mix of experience and locations to create an optimal learning experience for all participants. We may also use aggregated information about Course participants to improve our services, inform marketing, or share with Affiliates to inform their marketing efforts. We will not share any individual information, other than your name and email (with your opt-in consent) to Affiliates, as defined in the Privacy Notice.
You understand and agree that all information provided by you is accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to refuse access to the selected course or to terminate your use of the Site. You agree that you will never divulge or share access or access information to your User Accounts with any third party for any reason.
10. Fees, Cancellations, Deferrals, and Refunds
Program fees are due and payable to WholeWorks at the time of registration for the Program, as specified on https://wholeworks.myshopify.com/collections/ww. WholeWorks expressly reserves the right to refuse to permit access to the Program or any portions of the Program if the fee is not paid, is cancelled or not processed for any reason.
Payers are responsible for all taxes and fees, and wire fees.
Cancellation Policy. Once fees for the program have been received, you will be registered for the program and receive log-on credentials prior to the start of the said program. Should you wish to cancel or withdraw, you will need to send an e-mail to Support@wholeworks.com to notify us of your intention. If the cancellation is made prior to the registration deadline, WholeWorks will refund 95% of the amount paid. If you wish to withdraw from the Course after the registration deadline but before the end of the second week, you are entitled to 50% of the amount paid. WholeWorks will not provide refunds after the end of the second week of the Course. Affiliates of WholeWorks do not collect fees directly for the program and are not responsible for refunds for any reason.
11. Modifications to Program and Site
The Program, including the course materials, may contain errors and omissions. WholeWorks reserves the right, for any reason or no reason, in our sole discretion and without notice, to terminate, change, suspend, change instructors or discontinue any aspect of the Program and Site, including without limitation, Materials, information, data, text, music, sound, photographs, graphics, video, messages, courses, materials, features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules and limits on the use of the Site or restrict your access to part, or the entire, Program or Site without notice or penalty.
12. Participation and Certification
The estimated time requirement for satisfactory completion is indicated on the registration site for each course. Programs which include a team-based simulation rely on the consistent participation of all team members.
You agree to make your best effort to participate in all team simulation activities, for courses with simulations, within the time requirements of the Program and subject to unavoidable scheduling conflicts, personal and professional circumstances, or technical problems. You also agree to work with your teammates to accommodate their limited participation when unforeseen circumstances occur for them (e.g. family emergency, urgent matter at work).
Participation includes studying Program content and information about the simulation, contributing thoughtful input to asynchronous discussions, attending live team meetings, completing of team assignments, reaching decisions, inputting decisions into the simulation user interface in a timely manner, analyzing simulation reports, and providing feedback to teammates.
Your full participation and contribution to your simulation team is an important part of your assessment for obtaining your Certificate at the conclusion of the Program. You will assess your own team contributions and your teammates will also assess your level of contribution. Your facilitator will then make a final determination about whether you met the criteria for team contribution needed to receive your Certificate, based on your participation in decision-making, assignments and discussions. As outlined in Program materials, those criteria include but are not limited to: “True Collaborator: Consistently contributed to team assignments and decision-making in ways that helped the team become more effective, learn, and achieve better results together.”
Assignments are due to be submitted on the date and time as indicated in the program calendar or as otherwise indicated by your Course Manager. If you are not able to meet an assignment deadline, you are required to request an extension, which may or may not be granted, at the discretion of WholeWorks staff. Allowances for late submission of assignments may not be made if you are away on holiday or on a work trip. The course dates are clearly provided in advance, and it is your responsibility to ensure that you are able to complete the program requirements within the course schedule. In no case will assignments be accepted beyond the end of each program.
In order to receive your Certificate or electronic badge, you must meet all Course requirements as specified on the Course platform. Assessments used to determine satisfactory Course completion may include, but are not limited to, completion of all required learning activities (both individual and team), knowledge assessments (i.e. quizzes), assessment of Attendee’s contribution to the team simulation (self, peer, facilitator), and project peer reviews (where applicable).
For professional certification programs, a virtual certificate (delivered via PDF) and a digital badge will be issued in your legal name provided to us during the registration process. All other programs have a digital badge (no certification). No certificate/digital badge will be issued if you did not meet the stipulated requirements. No changes can be made to the certificate/digital badge for any reason. If you receive a certificate/digital badge with an error, you must notify us within 30 days.
13. Rules for Online Conduct
You agree to use the Site and participate in the Program in accordance with all applicable laws. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of your posting. You further agree that you will not email or post malicious or harmful content anywhere on the Site, or on any other WholeWorks computing resources including without limitation the following:
Content that defames or threatens others
Harassing statements or content that violates federal or state law
Content that discusses illegal activities with the intent to commit them
Content that is not your own, or infringes another's intellectual property, including, but not limited to, copyrights, trademarks or trade secrets
Content related to partisan political activities
Material that contains obscene (i.e. pornographic) language or images
Advertising or any form of commercial solicitation or promotion, including links to other sites
Content that is otherwise unlawful
Intentionally incomplete, misleading or inaccurate content
Placing copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material or otherwise failing to respect the intellectual property rights of other Users
Violations of the Honor Code (see below).
You further agree:
To not take part in or facilitate discrimination of any kind, including, but not limited to, discrimination based on sex, race, national origin, ethnicity, age, religion, sexual orientation, gender identity, disability, handicap, or intelligence, or the perceived version of any of these;
To conduct yourself in a professional manner, and follow the instructions of instructional staff, and other WholeWorks personnel and not disrupt program activities;
To respect the intellectual property rights of others, including project ideas of other Users;
To not commit acts of violence on persons or property, nor threaten to commit any act of violence;
To not engage in any form of harassment. Harassment consists of conduct of any type (including but not limited to written, verbal, graphic or physical conduct) which has the purpose or effect of unreasonably interfering with an individual’s academic or work performance or which creates an intimidating, hostile, or offensive learning, residential, or working environment;
To not engage in any form of sexual harassment; sexual harassment includes sexual conduct, or conduct with sexual overtones, which has the purpose or effect of unreasonably interfering with an individual’s academic or work performance or which creates an intimidating, hostile, or offensive learning, residential, or working environment;
To abide by all U.S. federal, state, and local laws or applicable laws of the country where you are using the Services.
You expressly acknowledge that failure to abide by the Rules for Online Conduct will be grounds for immediate dismissal from the Program.
14. Registration Site Security Rules
Violations of the registration system or network security may result in civil or criminal liability. WholeWorks will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the use or users who are involved in such violations. You agree that you will not violate or attempt to violate the security of the Site, including without limitation:
Attacking, probing, scanning or testing the vulnerability of, breaching security of, disrupting, disabling or harming the Site, or servers or networks connected to the Site;
Using the Site via any automated means, such as a screen-scraper or robot. This is not intended to exclude the use of assistive technology for your own use, such as screen-readers;
Sending any unsolicited emails to other Site Users or forging any TCP/IP packet header or any part of the header information in any email;
Displaying the Site within a frame on another website without consent, or place pop-up windows or other disruptive technologies over it;
Accessing data not intended for you or logging into a server or account you are not authorized to access;
Attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Site, overloading, "flooding", "Mailbombing" or "Crashing"; and
Impersonating another person or improperly allowing another to use your registration information to access the Site.
15. Content Disclaimer
The text and other material on the Site and in the Program may include the opinion of the specific instructor and are not statements of advice, endorsement, opinion, or information of WholeWorks. If you feel you might be offended by the content of the Site or offered in the Program, you should not continue. Sites and classroom discussions may also include the personal opinions and other expressions by Users who post entries or comment on a wide range of topics. Neither the content of the forums, nor the links to other web sites, are screened, approved, reviewed or endorsed by WholeWorks or any other related entity.
16. User Content
You will be expected to submit and distribute materials in connection with the Program ("User Content"). You represent and warrant that any material you submit in connection with the Program and to the Site, instructors or other Users is accurate and complete and will not violate or infringe the rights of any third party, including without limitation privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights. You represent and warrant that you have all the necessary rights and licenses to use the material and to permit use of the material by WholeWorks.
You agree that, if a third party claims that any material you have contributed to a Site or Program is unlawful, you will bear the burden of establishing that the material complies with all applicable laws. Although WholeWorks does not monitor all content of the Site, WholeWorks has the right to remove material from the Site, block access, or take other action with respect to the material in its sole discretion.
Grant of license. By your submission of any material, you hereby grant WholeWorks an irrevocable, non-exclusive, royalty free, fully transferable, worldwide license to use, disclose, reproduce, distribute, prepare derivative works of, publicly perform and publicly display any such submission. Unless otherwise specified at the time of registration, you hereby grant Users in the Program a license to use your User Content (including the right to copy, modify and distribute such content) in conjunction with their participation in the Program.
17. Confidentiality
User acknowledges that by its nature the Program is highly collaborative and therefore involves the sharing of information and learning between participants, some of which will be personal in nature. As part of these Terms all participants agree to treat any information provided by WholeWorks or User Content shared by other participants during the Program as confidential (and which is not otherwise publicly available) and not to be disclosed to others within the Program or outside the Program not directly involved in those discussions. While WholeWorks will state this Confidentiality agreement to all participants in the Program materials, WholeWorks cannot accept responsibility for any participants that violate this Confidentiality agreement.
18. International Use and Consent to Processing
WholeWorks controls and operates this Site within the United States of America, and all information is collected, transmitted, processed and stored within the United States, including any Personal Data pursuant to our privacy notice. Persons who choose to access the Site or the Program from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and participation in the Program. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
19. Links to Other Sites
The Site or Program materials may include hyperlinks to sites maintained or controlled by others. WholeWorks is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at other sites. These links do not imply WholeWorks's endorsement of or association with the linked sites. WholeWorks is not responsible for and shall in no event be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the linked sites or the information or material accessed through those linked sites.
20. Choice of Law/Forum Selection
The Site and Course are offered by WholeWorks, located in Bennington County, Vermont. You agree that any dispute arising out of or relating to these Terms or any content posted to a Site, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of Vermont, excluding its conflicts of law provisions.
You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving Bennington County, Vermont as the legal forum for any such dispute. Excluding claims for injunctive or other equitable relief, for claims related to the Site where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or WholeWorks may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and WholeWorks. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction. Any claim or cause of action you may have with respect to WholeWorks or the Site must be commenced within one (1) year after the claim or cause of action arose.
21. Disclaimer of Warranties
THIS SITE AND PROGRAM AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE OF A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
WHOLEWORKS DOES NOT WARRANT, AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY PROGRAM, COURSE, SITE, INFORMATION OBTAINED FROM A SITE, OR LINK TO A SITE. WHOLEWORKS DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF INFORMATION OBTAINED FROM OR THROUGH THE SITE IS AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, WHOLEWORKS DOES NOT WARRANT THAT (A) THE SITE OR PROGRAM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OBTAINED FROM THE SITE OR COURSE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, (D) THAT YOU WILL BE ABLE TO TRANSMIT OR RECEIVE INFORMATION FROM OR THROUGH THE SITE OR (E) THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED.
22. Limitation of Liability
YOU AGREE THAT WHOLEWORKS WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS, THE PROGRAM OR TO YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THE PROGRAM OR SITE, OR TO YOUR PLACEMENT OF CONTENT ON THE SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE PROGRAM OR SITE. IN PARTICULAR, WHOLEWORKS WILL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THE COURSE OR SITE, OR YOUR PLACEMENT OF CONTENT ON A SITE, OR TO YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH A COURSE OR SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EVEN IF WHOLEWORKS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. IN NO EVENT SHALL THE TOTAL LIABILITY OF WHOLEWORKS TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING FROM YOUR USE OF THE PROGRAM OR SITE EXCEED THE AMOUNT OF THE COURSE REGISTRATION FEE ACTUALLY PAID BY YOU. TO THE EXTENT THAT ANY OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU BASED ON THE JURISDICTION IN WHICH YOU RESIDE, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY.
23. Termination Rights
You agree that: WholeWorks, in its sole discretion, may terminate your use of the Site or your participation on the Program, for any reason or no reason and at any time; WholeWorks shall not have any liability to you for the termination; and that you are not entitled to any certificate or to any grievance or legal procedures in connection with such a termination. If you no longer desire to participate in the Site, you may terminate your participation therein upon notice to WholeWorks.
Consumer Notice
If you have any questions regarding the Services, you may contact WholeWorks at support@WholeWorks.com.
24. Proprietary Rights
The logos, names and graphics on the Site of WholeWorks or any of its affiliates, may be trademarks of WholeWorks or its affiliates. Use, reproduction, copying or redistribution of WholeWorks’ and its affiliates’ trademarks, without the prior written permission of WholeWorks or its affiliates, is prohibited. All other trademarks or servicemarks appearing on the Site are the marks of their respective owners.
Except as otherwise provided herein, use of the Site does not grant you a license to any content, features or Material you may access on the Site, and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such content, features or Material, in whole or in part. Any commercial use of the Site is strictly prohibited except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the content or screens for any purpose except as expressly allowed by WholeWorks. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.
25. Indemnification
You agree to indemnify and hold WholeWorks and its instructors, facilitators, speakers, agents, employees, and assignees, harmless from any claims, actions, demands, losses or damages, including legal fees, arising out of, resulting from or in any way related to your participation in the Program, use of a Site, placement of any content onto a Site or violation of these Terms. You further agree to fully cooperate in WholeWorks's defense against any such claims.
Copyright Complaints
In accordance with Title II of the Digital Millennium Copyright Act (DMCA), an agent has been designated to receive notification of a claimed copyright infringement. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact support@wholeworks.com and provide the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) 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; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
26. Notices
Notices to you may be made via email, the Site, or regular mail. Notices to WholeWorks should be directed to support@wholeworks.com. The Site may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you on the Site.
27. General Information
WholeWorks's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the Terms without WholeWork's express prior written consent.
The Terms inure to the benefit of WholeWork's successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.
28. Honor Code
You are expected to adhere to the highest standards of good citizenship, respect, honesty, and integrity in your course work and in personal conduct. You shall uphold high standards of integrity through honesty, trust, fairness, and responsibility. Users are expected to demonstrate a spirit of cooperation and exploration within the guidelines provided by their instructors, and to meet the intellectual challenges of the program through honest effort and hard work. By registering in a Program, you agree to: rely solely on your own work in connection with all individual assignments and assessments; collaborate fully for group assignments and tasks—no individual team member ‘succeeds’ if the team fails; acknowledge any and all external sources used in your work; refrain from any activity that is dishonest or fraudulent; keep personally-shared information and conversations private; refrain from disclosing answers or simulation workings to future participants; maintain only one user account and not let anyone else use your username and/or password; and not access or attempt to access any other user's account, or misrepresent or attempt to misrepresent your identity while using the Site. This Honor Code is not intended to prohibit discussion of course material. While users must submit work that is their own, you should feel free to discuss lectures or other course material with others either in-person or online.
29. Entire Agreement
These Terms of Service, including the Privacy Notice, constitute the entire agreement between you and WholeWorks and its affiliates with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.
30. Contacting WholeWorks
If you have any questions regarding these Terms or Service or the Privacy Notice, you may contact WholeWorks by emailing Support@WholeWorks.com.