Terms and Conditions
Prime Learning & Development, LLC d/b/a The Learning Academy
Effective Date: 8/01/26
Important: These Terms and Conditions govern access to and use of The Learning Academy Website, Learning Management System, Courses, Course Content, and related services. The Privacy Policy is a separate document incorporated by reference in Section 15.
1. Definitions and Interpretation
For purposes of these Terms and Conditions, the following definitions apply:
“Academy,” “The Learning Academy,” “we,” “us,” or “our” means Prime Learning & Development, LLC, a South Carolina limited liability company doing business as The Learning Academy.
“Account” means the user account created to access the Website, Learning Management System, Courses, course materials, and other features or services made available by The Learning Academy.
“Course” means an educational, training, professional-development, or other learning program made available through The Learning Academy, whether offered free of charge or made available through paid access.
“Course Content” means the educational materials associated with a Course, including, without limitation, text, graphics, photographs, illustrations, presentations, videos, audio, assessments, quizzes, exercises, downloadable materials, documents, and other instructional materials.
“Learning Management System” or “LMS” means the online learning platform through which The Learning Academy makes Courses and related services available.
“Paid Course” means a Course for which a User is required to pay a fee in order to obtain access.
“Free Course” means a Course made available without a purchase fee, subject to any applicable registration or Account requirements.
“User,” “you,” or “your” means any individual or legal entity that accesses or uses the Website, creates an Account, enrolls in a Course, purchases access to a Course, or otherwise uses services provided by The Learning Academy.
“Business Customer” means a company, corporation, partnership, limited liability company, nonprofit organization, governmental entity, or other organization purchasing or arranging access to Courses for its employees, contractors, members, or other authorized users.
“Course Provider” means The Learning Academy or any third party that creates, owns, licenses, or otherwise provides Course Content made available through The Learning Academy.
“Third-Party Course” means a Course or Course Content created or supplied by a Course Provider other than The Learning Academy.
“Intellectual Property” means copyrights, trademarks, service marks, trade names, logos, designs, patents, trade secrets, know-how, and other intellectual property rights recognized under applicable law.
“Purchase” means an order for access to a Paid Course or other service submitted through the Website and accepted by The Learning Academy.
“Fees” means the amounts charged for Paid Courses or other services offered by The Learning Academy, together with any applicable taxes or other charges disclosed at the time of purchase.
“Website” means the website operated by The Learning Academy and any related pages, subdomains, or online locations through which The Learning Academy provides its services.
“Privacy Policy” means The Learning Academy’s privacy policy, as amended from time to time, which is incorporated into these Terms and Conditions by reference.
“Terms and Conditions” or “Terms” means these Terms and Conditions, together with any policies or additional terms expressly incorporated into them.
Unless the context requires otherwise, references to the singular include the plural and references to the plural include the singular. Headings are provided for convenience and do not affect the interpretation of these Terms.
2. Acceptance of Terms and Electronic Agreement
2.1 Acceptance of These Terms
2.2 Acceptance at Purchase
2.3 Electronic Communications and Records
2.4 Additional Course Terms
By accessing or using the Website, creating an Account, enrolling in a Course, or purchasing access to a Course or other service from The Learning Academy, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions to the extent applicable to your use of the Website or the services you receive.
If you do not agree to these Terms and Conditions, you must not create an Account, purchase access to a Course, or otherwise use services that require acceptance of these Terms.
2.2 Acceptance at Purchase
When purchasing access to a Paid Course or other service through the Website, you may be required to affirmatively indicate your acceptance of these Terms and Conditions and the Privacy Policy before completing your Purchase.
Your electronic acceptance, including checking an acceptance box, clicking an acceptance button, or taking another action that clearly indicates your agreement, constitutes your electronic signature and agreement to these Terms and Conditions.
2.3 Electronic Communications and Records
You agree that The Learning Academy may conduct transactions with you electronically and may provide you with notices, confirmations, receipts, Course information, and other communications electronically, including by email or through your Account.
You agree that electronic records of your transactions, including records of your acceptance of these Terms and Conditions, may be retained by The Learning Academy and may be used as evidence of the transaction and your acceptance of these Terms.
2.4 Additional Course Terms
Certain Courses or services may be subject to additional terms, conditions, or requirements disclosed before or at the time of Purchase or enrollment. Where applicable, those additional terms will apply to the Course or service in addition to these Terms and Conditions.
If an additional term conflicts with these Terms and Conditions, the additional term will control only with respect to the specific Course or service to which it applies.
3. Eligibility and Age Requirements
3.1 Adult Learners
The Learning Academy is designed for adult learners and provides educational, leadership, management, professional-development, and other business-related training and learning opportunities.
Unless a particular Course states otherwise, the Website, Accounts, Courses, and services provided by The Learning Academy are intended for individuals who are 18 years of age or older.
3.2 Eligibility
By creating an Account, enrolling in a Course, or purchasing access to a Course or other service from The Learning Academy, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms and Conditions.
Individuals under the age of 18 are not permitted to create an Account, enroll in a Course, or purchase access to services from The Learning Academy unless The Learning Academy expressly states otherwise for a particular Course or program.
3.3 Course-Specific Requirements
Certain Courses may establish additional eligibility requirements, including age, professional experience, educational background, or other qualifications. Any such requirements will be disclosed before or at the time of enrollment.
4. Individual and Business Customers
4.1 Individual Customers
4.2 Business Customers
Individuals may purchase access to Courses for their own personal educational and professional-development purposes. An individual’s Purchase provides the individual with a limited right to access and use the applicable Course and Course Content in accordance with these Terms and Conditions and any additional terms applicable to the Course. The Purchase does not transfer ownership of the Course or Course Content to the User.
4.2 Business Customers
Businesses and other organizations may purchase access to Courses for their employees, contractors, members, or other authorized Users.
When a Business Customer purchases access to Courses on behalf of other individuals, the Business Customer is responsible for:
• providing accurate information;
• paying all applicable Fees and taxes;
• identifying the individuals authorized to receive access, where applicable;
• ensuring that authorized Users use the Courses in accordance with these Terms and Conditions; and
• preventing unauthorized sharing, transfer, or misuse of Course access.
4.3 Authorized Users and Course Access
Unless otherwise agreed in writing, access to a Course provided through a Business Customer Purchase is limited to the individual User or number of authorized Users for whom access was purchased.
Course access may not be shared, transferred, resold, or otherwise made available to individuals who have not been authorized to access the Course.
Each User remains responsible for complying with the provisions of these Terms and Conditions that apply to the User’s use of the Website, Account, and Course Content.
4.4 Business Agreements
The Learning Academy may enter into separate agreements with Business Customers for bulk purchases of Course access, organizational training programs, subscriptions, custom training, or other services.
If a separate written agreement between The Learning Academy and a Business Customer conflicts with these Terms and Conditions, the separate written agreement will control with respect to the specific services or transactions covered by that agreement.
5. Intellectual Property
5.1 Ownership of The Learning Academy’s Intellectual Property
These materials may include, without limitation, text, articles, graphics, photographs, illustrations, presentations, videos, audio, assessments, quizzes, exercises, downloadable materials, documents, course designs, instructional materials, page layouts, logos, trademarks, service marks, and other content or materials.
5.3 Restrictions on Use
5.4 Personal and Authorized Organizational Use
5.5 The Learning Academy’s Trademarks and Branding
5.6 No Transfer of Ownership
5.7 User Responsibility for Unauthorized Use
Unless expressly stated otherwise, The Learning Academy and/or its licensors own all right, title, and interest in and to the Website, Learning Management System, The Learning Academy brand, trademarks, logos, Course Content created or owned by The Learning Academy, and other materials and Intellectual Property made available through the Website.
These materials may include, without limitation, text, articles, graphics, photographs, illustrations, presentations, videos, audio, assessments, quizzes, exercises, downloadable materials, documents, course designs, instructional materials, page layouts, logos, trademarks, service marks, and other content or materials.
All such materials are protected by applicable United States and international intellectual property laws.
5.2 Limited Right to Access and Use Course Content
5.2 Limited Right to Access and Use Course Content
When you purchase access to a Paid Course, or enroll in a Free Course, The Learning Academy grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the applicable Course and Course Content solely for your personal educational and professional-development purposes, or, in the case of a Business Customer, for the authorized User’s permitted organizational learning purposes.
This right does not transfer ownership of the Course, Course Content, Website, or any other Intellectual Property to you.
5.3 Restrictions on Use
Unless expressly authorized in writing by The Learning Academy or otherwise permitted by applicable law, you may not:
• copy, reproduce, duplicate, republish, or redistribute Course Content;
• sell, resell, license, sublicense, or otherwise commercially exploit Course Content;
• share Course Content with individuals who are not authorized to access the applicable Course;
• download, record, capture, or otherwise reproduce Course Content for the purpose of creating a separate or competing educational product;
• modify, adapt, translate, or create derivative works from Course Content;
• remove, alter, or obscure copyright, trademark, or other proprietary notices;
• upload Course Content to another website, learning management system, file-sharing service, social media platform, or other third-party service; or
• use Course Content to develop, train, market, or provide another educational, training, consulting, or commercial product or service without prior written permission.
5.4 Personal and Authorized Organizational Use
Course access and Course Content are provided for the use of the User or other authorized Users for whom access has been purchased.
Access to a Course does not give the User the right to provide Course Content to any other person or organization unless expressly authorized by The Learning Academy or permitted under a separate written agreement.
5.5 The Learning Academy’s Trademarks and Branding
The Learning Academy name, logo, trademarks, service marks, trade names, branding, and related materials may not be copied, reproduced, modified, or used in connection with any product, service, website, publication, advertisement, or other commercial activity without the prior written permission of The Learning Academy.
5.6 No Transfer of Ownership
Except where expressly stated in a separate written agreement, no Purchase, enrollment, subscription, or access to a Course transfers or assigns any ownership interest in the Course, Course Content, Website, Learning Management System, trademarks, copyrights, or other Intellectual Property of The Learning Academy or its licensors.
All rights not expressly granted to the User under these Terms and Conditions are reserved by The Learning Academy and the applicable rights holder.
5.7 User Responsibility for Unauthorized Use
A User is responsible for ensuring that Course Content accessed through the User’s Account is not copied, distributed, shared, transferred, or otherwise used in violation of these Terms and Conditions.
The Learning Academy may suspend or terminate access to a Course or Account if it reasonably believes that Course Content or other Intellectual Property is being misused or that these Terms and Conditions have been violated.
6. Third-Party Course Content and Intellectual Property
6.1 Third-Party Courses
6.5 Relationship with Third-Party Course Providers
6.6 Course Provider Rights
Where reasonably practicable, The Learning Academy will provide affected Users with notice of a material change or discontinuation of access.
The Learning Academy may make Courses and Course Content available through the Website that are created, owned, licensed, or provided by independent third-party Course Providers.
Unless expressly stated otherwise, The Learning Academy does not represent that it owns the Intellectual Property contained in a Third-Party Course.
6.2 Ownership of Third-Party Content
All copyright, trademark, and other Intellectual Property rights in Third-Party Courses and Course Content remain with the applicable Course Provider or other rights holder.
Nothing in these Terms and Conditions transfers or assigns ownership of any Third-Party Course or Course Content to The Learning Academy or to any User.
6.3 Access to Third-Party Courses
When a User purchases access to or enrolls in a Third-Party Course through The Learning Academy, the User receives a limited right to access and use that Course for the purposes described in these Terms and Conditions and any additional terms applicable to the Course.
The User does not acquire ownership of the Third-Party Course or its Course Content by purchasing access to or enrolling in the Course.
6.4 Restrictions on Third-Party Content
Users may not copy, reproduce, distribute, publish, sell, sublicense, transfer, modify, record, or otherwise exploit Third-Party Course Content except as expressly permitted by The Learning Academy, the applicable Course Provider, or applicable law.
A User may not use Third-Party Course Content to create, develop, train, market, or provide a competing educational, training, consulting, or commercial product or service without the prior written permission of the applicable rights holder.
6.5 Relationship with Third-Party Course Providers
Where a Course is provided by a third-party Course Provider, The Learning Academy may act as the platform, administrator, distributor, or provider of access to the Course.
The Learning Academy may identify the applicable Course Provider to Users and may provide additional information or terms relating to that Course.
Where additional terms are presented to a User in connection with a Third-Party Course, the User is responsible for reviewing and complying with those terms.
6.6 Course Provider Rights
The Learning Academy may suspend, restrict, modify, or discontinue access to a Third-Party Course when reasonably necessary because of a change in the relationship with the Course Provider, a change in licensing rights, legal requirements, or other circumstances affecting The Learning Academy’s right or ability to make the Course available.
Where reasonably practicable, The Learning Academy will provide affected Users with notice of a material change or discontinuation of access.
7. Links to Other Websites and Third-Party Resources
7.1 External Links
7.3 User Responsibility
The Website, Courses, Course Content, or other communications from The Learning Academy may contain links to websites, resources, services, or content operated or provided by third parties.
These external websites and resources are not controlled by The Learning Academy, and The Learning Academy does not necessarily endorse or sponsor them.
7.2 No Responsibility for Third-Party Websites
The Learning Academy does not control and is not responsible for the content, accuracy, availability, privacy practices, security, products, services, or other practices of third-party websites or resources.
A link to a third-party website or resource is provided for convenience or informational purposes and does not constitute a representation, warranty, or recommendation by The Learning Academy regarding that website or resource.
7.3 User Responsibility
If you choose to access a third-party website or resource through a link provided by The Learning Academy, you do so at your own discretion and risk.
You are responsible for reviewing the applicable third party’s terms of use, privacy policy, and other applicable policies before using its website, products, or services.Any transactions, communications, or other dealings between you and a third party are solely between you and that third party. The Learning Academy is not responsible for such transactions or dealings unless expressly stated otherwise in a separate written agreement.
7.4 Changes to External Links
7.4 Changes to External Links
The Learning Academy may add, modify, or remove links to third-party websites or resources at any time without notice.
8. Links to The Learning Academy Website
8.1 Permitted Links
You may link to the publicly accessible portions of The Learning Academy Website, including the home page, course catalog, articles, and other publicly available pages, provided that the link is lawful and does not damage the reputation of The Learning Academy or misrepresent the relationship between you and The Learning Academy.
8.2 Prohibited Linking Practices
You may not:
• create a link that falsely suggests that The Learning Academy sponsors, endorses, or is affiliated with you, your organization, website, product, or service;
• use The Learning Academy’s name, trademarks, logos, or other branding in a manner that suggests sponsorship, endorsement, or affiliation without prior written permission;
• frame, mirror, reproduce, or otherwise incorporate The Learning Academy’s Website or Course Content into another website or online service without prior written permission;
• create a link for the purpose of distributing, sharing, or providing unauthorized access to Course Content or other restricted areas of the Website; or
• link to The Learning Academy’s Website from any website or online service that contains unlawful, defamatory, threatening, discriminatory, or otherwise objectionable content.
8.3 Removal of Links
The Learning Academy reserves the right to request that any link to the Website be removed if The Learning Academy reasonably determines that the link or the website from which it originates violates these Terms and Conditions, applicable law, or the rights of The Learning Academy or others.
Upon receiving such a request, the person or organization responsible for the link agrees to remove it promptly.
8.4 No Implied Endorsement
A link to The Learning Academy’s Website does not create or imply any sponsorship, endorsement, partnership, agency, or other relationship between The Learning Academy and the person or organization providing the link unless expressly agreed to in writing.
9. User Communications and Conduct
9.1 Permitted Use
9.2 Prohibited Conduct
9.3 User-Submitted Content
9.4 Removal of User-Submitted Content
9.5 Monitoring and Retention
9.6 No Expectation of Confidentiality
9.7 Feedback
Where The Learning Academy provides features that allow Users to submit, post, transmit, or otherwise communicate information or content through the Website or Learning Management System, Users must use those features responsibly and in accordance with these Terms and Conditions and applicable law.
9.2 Prohibited Conduct
Users may not use the Website, Learning Management System, Courses, or communication features to:
• submit or transmit unlawful, fraudulent, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable material;
• promote or encourage violence, discrimination, or unlawful activity;
• impersonate another person or misrepresent an affiliation with The Learning Academy, another User, a Course Provider, or any other person or organization;
• submit material that infringes or violates another person’s copyright, trademark, privacy, publicity, or other legal rights;
• distribute unsolicited advertising, spam, junk mail, or other unauthorized mass communications;
• attempt to gain unauthorized access to another User’s Account, the Learning Management System, or any portion of the Website;
• interfere with the operation, security, or availability of the Website or Learning Management System; or
• use communication features for any purpose that violates these Terms and Conditions or applicable law.
9.3 User-Submitted Content
A User may voluntarily submit content through features made available by The Learning Academy, including comments, reviews, questions, feedback, testimonials, or other communications (“User-Submitted Content”).
You retain ownership of User-Submitted Content that you own. However, by submitting User-Submitted Content to The Learning Academy, you grant The Learning Academy a non-exclusive, worldwide, royalty-free license to use, reproduce, display, distribute, and otherwise use that User-Submitted Content as reasonably necessary to operate, provide, improve, promote, and administer the Website, Courses, and services of The Learning Academy.
You represent that you have the right to submit the User-Submitted Content and that your submission and the permitted use of that content by The Learning Academy will not violate the rights of any other person or organization.
9.4 Removal of User-Submitted Content
The Learning Academy reserves the right, but does not assume an obligation, to review, remove, restrict, or disable access to User-Submitted Content that The Learning Academy reasonably believes violates these Terms and Conditions, applicable law, or the rights or safety of The Learning Academy or others.
The Learning Academy may also remove or restrict User-Submitted Content for operational, security, or other legitimate business reasons.
9.5 Monitoring and Retention
The Learning Academy may monitor, review, or retain communications and User-Submitted Content transmitted through its Website or Learning Management System when reasonably necessary to operate the services, investigate suspected violations of these Terms and Conditions, protect the security of the Website or Learning Management System, comply with legal obligations, or protect the rights and safety of The Learning Academy, its Users, Course Providers, or others.
The Learning Academy is not obligated to monitor all communications or User-Submitted Content.
9.6 No Expectation of Confidentiality
Users should not submit confidential, proprietary, sensitive, or personally identifiable information through public comments, discussion areas, reviews, or other communication features unless the feature is specifically intended for such information.
Information submitted through publicly accessible areas of the Website or Learning Management System may be visible to other Users or the public, depending on the applicable feature.
9.7 Feedback
If you voluntarily provide suggestions, ideas, recommendations, or other feedback concerning The Learning Academy, its Website, Courses, or services, The Learning Academy may use that feedback without compensation or obligation to you, provided that such use does not disclose your confidential information or otherwise violate applicable law.
10. Accounts
10.1 Account Creation
10.3 Account Security
The Learning Academy may temporarily suspend access to an Account when reasonably necessary to protect the Account, the User, other Users, the Learning Management System, or The Learning Academy from unauthorized access, fraud, security threats, or other misuse.
10.4 Account Information and Payment Information
10.5 Business Customer Accounts
10.6 Account Suspension or Termination
10.7 One Account Per User
Certain Courses, services, or features of The Learning Academy may require you to create an Account.
When creating an Account, you agree to provide accurate, complete, and current information and to update that information when reasonably necessary to keep it accurate and current.
You represent that you have the legal capacity to create an Account and agree to these Terms and Conditions.
10.2 Account Credentials
You are responsible for maintaining the confidentiality and security of your Account credentials, including your username, password, and any other authentication information.
You may not share your Account credentials with another person or permit another person to access your Account except as expressly authorized by The Learning Academy or provided for under a Business Customer arrangement.
You are responsible for activity conducted through your Account, except to the extent that such activity results from unauthorized access that you have promptly reported to The Learning Academy or from circumstances for which you are not responsible under applicable law.
10.3 Account Security
You should use reasonable security practices when accessing your Account, including using a reasonably secure password and taking reasonable steps to prevent unauthorized persons from accessing your Account.
If you believe that your Account credentials have been lost, stolen, compromised, or used without your authorization, you should notify The Learning Academy as soon as reasonably practicable.
The Learning Academy may temporarily suspend access to an Account when reasonably necessary to protect the Account, the User, other Users, the Learning Management System, or The Learning Academy from unauthorized access, fraud, security threats, or other misuse.
10.4 Account Information and Payment Information
You are responsible for ensuring that information associated with your Account is accurate and current.
Where payment information is required, you represent that you are authorized to provide and use the applicable payment method.
Payment information may be processed by third-party payment processors in accordance with their applicable terms and privacy policies. The Learning Academy does not necessarily receive or store complete payment-card information.
10.5 Business Customer Accounts
Where a Business Customer purchases access to Courses for multiple authorized Users, The Learning Academy may establish or administer Accounts for those Users in accordance with the applicable Purchase or separate written agreement.
Business Customers are responsible for providing accurate information concerning authorized Users and for notifying The Learning Academy when a User should no longer have access to Course Content made available through Course access purchased by the Business Customer.
10.6 Account Suspension or Termination
The Learning Academy may suspend or terminate an Account or restrict access to the Website, Learning Management System, or Courses if it reasonably believes that:
• the Account has been used in violation of these Terms and Conditions;
• the Account has been used for fraudulent, unlawful, or unauthorized activity;
• the Account presents a security risk to The Learning Academy or others;
• the User has provided materially false or misleading information;
• unauthorized sharing or transfer of Course access has occurred; or
• suspension or termination is otherwise reasonably necessary to protect The Learning Academy, its Users, Course Providers, or the security or integrity of its systems.
Where reasonably practicable, The Learning Academy will provide notice before taking such action. The Learning Academy may take immediate action where necessary to address security, fraud, unlawful activity, or other circumstances requiring prompt action.
10.7 One Account Per User
Unless otherwise authorized by The Learning Academy, each individual User should maintain only one Account for accessing the Courses and services of The Learning Academy.
Accounts and Course access may not be sold, transferred, assigned, or otherwise provided to another person except as expressly authorized by The Learning Academy or under a separate written agreement.
11. Termination and Suspension of Access
11.1 Termination by the User
11.2 Termination or Suspension by The Learning Academy
11.3 Termination of a Course or Service
11.4 Effect of Termination
11.5 No Waiver of Other Rights
You may request to close your Account at any time by contacting The Learning Academy through the contact information provided on the Website.
Closing an Account does not automatically entitle you to a refund of Fees previously paid. Refunds, cancellations, and any applicable rights to receive a refund are governed by the applicable refund and cancellation provisions of these Terms and Conditions or any separate written agreement.
11.2 Termination or Suspension by The Learning Academy
The Learning Academy may suspend or terminate your Account or restrict your access to the Website, Learning Management System, Courses, or Course Content when reasonably necessary because of:
• a violation of these Terms and Conditions;
• unauthorized sharing, transfer, or misuse of Course access;
• fraudulent, unlawful, or abusive activity;
• a security or technical threat;
• failure to pay amounts that are due;
• materially false or misleading information provided by the User; or
• other circumstances in which suspension or termination is reasonably necessary to protect The Learning Academy, its Users, Course Providers, or its systems.
Where reasonably practicable, The Learning Academy will provide notice of the reason for suspension or termination. The Learning Academy may suspend or terminate access without prior notice when reasonably necessary to address security, fraud, unlawful activity, or other circumstances requiring immediate action.
11.3 Termination of a Course or Service
The Learning Academy may discontinue or materially change a Course or other service when reasonably necessary because of changes in business operations, technology, licensing rights, Course Provider relationships, legal requirements, or other circumstances beyond The Learning Academy’s reasonable control.
Where a User has purchased access to a Course that The Learning Academy permanently discontinues before the User’s applicable access period has expired, any refund or other remedy will be handled in accordance with the applicable refund policy, Course-specific terms, or separate written agreement.
11.4 Effect of Termination
Upon termination or expiration of an Account or a User’s right to access a Course:
• the User’s right to access the applicable Website features, Course, and Course Content will end;
• the User must cease using and, where applicable, cease retaining any Course Content that the User is no longer authorized to access;
• termination does not affect any rights or obligations that arose before termination; and
• provisions of these Terms and Conditions that by their nature are intended to survive termination will remain in effect.
11.5 No Waiver of Other Rights
Termination or suspension of an Account or Course access does not limit any other rights or remedies available to The Learning Academy or the User under these Terms and Conditions or applicable law.
12. Courses, Pricing and Availability
12.1 Course Descriptions
12.2 Course Updates and Changes
12.3 Pricing
12.4 Discounts and Promotions
12.5 Taxes and Additional Charges
12.6 Course Availability
12.7 Access Periods
12.8 Errors in Pricing or Course Information
The Learning Academy will use reasonable efforts to provide accurate descriptions of Courses, Course Content, learning objectives, access terms, and other material information presented on the Website.
Course descriptions are provided to help Users understand the general nature and purpose of a Course and do not constitute a guarantee that every Course will contain every topic, feature, example, resource, or instructional element described at all times.
12.2 Course Updates and Changes
The Learning Academy and its Course Providers may update, revise, improve, replace, or reorganize Course Content from time to time in order to maintain relevance, accuracy, quality, or instructional effectiveness.
Such changes may include updates to lessons, videos, examples, assessments, resources, or other Course Content, provided that the overall nature and purpose of the Course are not materially changed without reasonable justification.
12.3 Pricing
Prices for access to Paid Courses and other services will be displayed on the Website or otherwise communicated to the User before Purchase.
The Learning Academy may change prices at any time for future Purchases. A price change will not alter the price of a Purchase that has already been completed and accepted.
12.4 Discounts and Promotions
The Learning Academy may offer discounts, promotional pricing, coupons, bundled pricing, or other special offers from time to time.
Such offers may be subject to additional terms, eligibility requirements, expiration dates, or other limitations and may be modified or discontinued at any time before a Purchase is completed.
Unless expressly stated otherwise, promotional offers may not be combined.
12.5 Taxes and Additional Charges
Fees displayed for Course access may be subject to applicable sales, use, transaction, or other taxes as required by law.
Any applicable taxes or additional charges will be disclosed or calculated as part of the Purchase process where reasonably practicable.
12.6 Course Availability
The Learning Academy does not guarantee that every Course will remain available indefinitely.
Courses may be added, updated, replaced, suspended, or discontinued for business, instructional, technical, legal, licensing, or Course Provider reasons.
Where a User has already purchased access to a Course that is later discontinued, the User’s rights will be governed by these Terms and Conditions, the applicable refund or cancellation policy, and any Course-specific terms.
12.7 Access Periods
The length of time a User is permitted to access a Course may vary by Course.
Where Course access is limited to a particular period, the applicable access period will be disclosed on the Course page, during the Purchase process, or in other applicable Course-specific terms.
Unless expressly stated otherwise, purchasing access to a Course does not guarantee permanent or lifetime access.
12.8 Errors in Pricing or Course Information
The Learning Academy may correct typographical errors, pricing errors, inaccurate Course descriptions, or other inadvertent errors appearing on the Website.
If a material error affects a Purchase before access is provided, The Learning Academy may cancel the affected Purchase and refund any amount paid.
If a material error is discovered after Course access has begun, The Learning Academy will take reasonable steps to correct the error or provide another appropriate remedy consistent with these Terms and applicable law.
13. Purchases, Payment and Course Access
13.1 Purchasing Course Access
13.2 Purchase Confirmation
13.3 Payment
13.8 Purchase or Enrollment Errors
13.9 Refunds and Cancellations
A User may purchase access to a Paid Course or other service through the Website or through another purchasing method authorized by The Learning Academy.
A Purchase provides only the access and usage rights described in these Terms and Conditions, the applicable Course description, and any Course-specific or separate written agreement. A Purchase does not transfer ownership of the Course or Course Content to the User.
13.2 Purchase Confirmation
A Purchase is considered accepted when payment has been successfully processed or, where applicable, when The Learning Academy otherwise confirms acceptance of the Purchase.
The Learning Academy may provide confirmation electronically, including by email, through the User’s Account, or through the Learning Management System.
If The Learning Academy is unable to accept a Purchase after payment has been processed, the amount paid for that Purchase will be refunded to the original payment method or otherwise returned using a reasonable method.
13.3 Payment
Unless otherwise agreed in writing, payment of all applicable Fees and taxes is due at the time of Purchase.
By submitting a payment method, you represent that you are authorized to use that payment method and authorize the applicable charges associated with the Purchase.
Payments may be processed through third-party payment processors. The Learning Academy may rely on those providers to process, authorize, settle, refund, or otherwise administer payment transactions.
13.4 Course Access
Following successful payment and confirmation of enrollment, access to a Paid Course will generally be made available through the User’s Account within a reasonable period.
Many Courses may become available immediately following successful payment and enrollment; however, The Learning Academy does not guarantee instantaneous access in every circumstance.
Course access may be delayed because of payment verification, technical issues, Account problems, scheduled enrollment dates, Business Customer arrangements, or other reasonable operational circumstances.
13.5 Access Period
The User’s right to access a Course is subject to any access period disclosed for that Course.
Where a Course has a defined access period, the access period will generally begin when Course access is made available to the User unless otherwise stated in the Course description, Purchase information, or separate written agreement.
Purchasing access to a Course does not provide permanent or lifetime access unless The Learning Academy expressly states that lifetime access is included.
13.6 Failed, Reversed, or Disputed Payments
If a payment is declined, reversed, refunded, charged back, or otherwise not successfully completed, The Learning Academy may suspend or withhold access to the applicable Course or service while the payment issue is investigated or resolved.
Users should contact The Learning Academy if they believe a payment has been charged incorrectly before initiating a payment dispute or chargeback so that The Learning Academy has a reasonable opportunity to investigate and address the issue.
Nothing in this provision limits any rights available to a User under applicable law or the rules of the applicable payment-card issuer or payment provider.
13.7 Business Customer Purchases
Business Customers may purchase Course access through the Website or through another payment or invoicing arrangement approved by The Learning Academy.
Where The Learning Academy agrees to invoice a Business Customer, payment will be due in accordance with the payment terms stated on the invoice or in the applicable written agreement.
Course access for authorized Users may be conditioned upon receipt of payment unless otherwise agreed in writing.
13.8 Purchase or Enrollment Errors
If a User is provided access to the wrong Course, is charged an incorrect amount, experiences a duplicate charge, or encounters another material Purchase or enrollment error attributable to The Learning Academy, the User should notify The Learning Academy within a reasonable time after discovering the error.
The Learning Academy will investigate the matter and, where appropriate, correct the enrollment, correct the charge, issue a refund or credit, or provide another reasonable remedy.
13.9 Refunds and Cancellations
Refunds, cancellations, and withdrawal from Courses are governed by Section 14 of these Terms and Conditions and any applicable Course-specific or separate written agreement.
14. Refunds and Cancellations
14.1 Individual Course Purchases
14.2 Requesting a Refund
14.3 Duplicate Charges and Purchase Errors
14.4 Technical Problems
14.5 Courses Discontinued by The Learning Academy
14.6 Account or Access Termination for Violation of Terms
14.7 Business Customer Purchases
14.8 Free Courses
14.9 Exceptions Required by Law
Unless a different refund policy is disclosed for a particular Course before Purchase, an individual User who purchases access to a Paid Course may request a refund within seventy-two (72) hours after Course access is first made available, provided that the User has not completed the Course’s primary learning module.
A User who has completed the primary learning module or whose refund request is submitted more than seventy-two (72) hours after Course access was first made available will generally not be eligible for a refund based solely on dissatisfaction, change of mind, lack of use, or inability to complete the Course.
The Learning Academy reserves the right to deny a refund request where there is reasonable evidence of fraud, misuse of Course Content, repeated refund requests, or other abuse of the refund policy.
14.2 Requesting a Refund
To request a refund, the User must contact The Learning Academy within seventy-two (72) hours after Course access was first made available and provide sufficient information to identify the Purchase and the reason for the request.
The Learning Academy may review enrollment information, Course activity, learning module completion status, certificate status, and other information reasonably available through the Learning Management System when evaluating a refund request.
Approved refunds will generally be issued to the original payment method. Processing times may vary depending on the payment processor or financial institution.
14.3 Duplicate Charges and Purchase Errors
If a User is charged more than once for the same Purchase, is charged an incorrect amount, is enrolled in the wrong Course because of an error attributable to The Learning Academy, or experiences another material billing or enrollment error, The Learning Academy will take reasonable steps to correct the error.
Where appropriate, the remedy may include correcting the enrollment, refunding an incorrect or duplicate charge, providing a credit, or taking another reasonable corrective action.
14.4 Technical Problems
A temporary technical problem, interruption, or inability to access a Course does not automatically entitle a User to a refund.
If a material technical problem attributable to The Learning Academy or its Learning Management System substantially prevents the User from accessing a Course for which the User purchased access for an unreasonable period and The Learning Academy is unable to restore access within a reasonable time, The Learning Academy may provide extended access, replacement access, a credit, a refund, or another reasonable remedy depending on the circumstances.
14.5 Courses Discontinued by The Learning Academy
If The Learning Academy permanently discontinues a Paid Course before the end of a User’s stated access period for reasons unrelated to the User’s conduct, The Learning Academy will take reasonable steps to provide an appropriate remedy.
Depending on the circumstances, the remedy may include continued access for a reasonable transition period, access to a substantially comparable Course, an extension of access, a credit, a full or partial refund, or another reasonable remedy.
14.6 Account or Access Termination for Violation of Terms
A User whose Account or Course access is suspended or terminated because of a material violation of these Terms and Conditions, unauthorized sharing of Course access, misuse of Course Content, fraud, unlawful activity, or other prohibited conduct is not automatically entitled to a refund.
Any refund in such circumstances will be determined by The Learning Academy based on the circumstances and applicable law.
14.7 Business Customer Purchases
Refunds and cancellations for Business Customer purchases, bulk Course access, organizational training programs, subscriptions, custom services, or other separately negotiated arrangements may be governed by the applicable Purchase terms, invoice, proposal, or separate written agreement.
If no separate refund or cancellation terms apply, The Learning Academy will determine an appropriate remedy based on the nature of the Purchase, the amount of Course access already provided, and applicable law.
14.8 Free Courses
Because no Fee is charged for a Free Course, enrollment in or discontinuation of a Free Course does not create a right to a monetary refund.
The Learning Academy may modify or discontinue Free Courses at any time.
14.9 Exceptions Required by Law
Nothing in this Section limits any refund, cancellation, or other consumer right that cannot lawfully be waived or restricted under applicable law.
15. Privacy
15.1 Privacy Policy
15.2 Third-Party Service Providers
The Learning Academy respects the privacy of its Users and handles personal information in accordance with its Privacy Policy and applicable law.
The Learning Academy’s Privacy Policy describes how personal information may be collected, used, disclosed, stored, and otherwise handled in connection with the Website, Learning Management System, Courses, and services.
The Privacy Policy is incorporated into these Terms and Conditions by reference and is available separately through the Website.
15.2 Third-Party Service Providers
The Learning Academy may use third-party service providers to support the operation of the Website, Learning Management System, payment processing, communications, analytics, Course delivery, and other business functions.
Additional information concerning the collection, use, and handling of personal information, including information concerning applicable third-party service providers, is provided in The Learning Academy’s Privacy Policy.
16. Educational Purpose and No Guarantee of Results
16.1 Educational and Professional-Development Purpose
Course Content may present principles, practices, examples, recommendations, or approaches that may not be appropriate in every situation. Users should exercise reasonable judgment when applying Course Content to their own professional, organizational, or personal circumstances.
16.5 Third-Party Courses
Courses and Course Content made available through The Learning Academy are provided for educational, training, informational, and professional-development purposes.
The Learning Academy seeks to provide practical, relevant, and useful learning experiences; however, the effectiveness of any Course may depend on factors including the User’s participation, experience, circumstances, application of the material, workplace environment, and other factors outside The Learning Academy’s control.
16.2 No Guarantee of Specific Results
The Learning Academy does not guarantee that completing or applying the information contained in a Course will result in any particular personal, professional, employment, organizational, financial, or business outcome.
Without limiting the foregoing, participation in or completion of a Course does not guarantee:
• employment or continued employment;
• promotion or advancement;
• increased compensation;
• improved job performance or employee performance;
• increased sales, revenue, profit, or other business results;
• achievement of a particular leadership, management, or organizational outcome; or
• satisfaction of any licensing, certification, continuing-education, or regulatory requirement unless expressly stated for the applicable Course.
16.3 Application of Course Content
Users are responsible for determining whether Course Content is appropriate for their particular circumstances and for decisions made or actions taken based on that content.
Course Content may present principles, practices, examples, recommendations, or approaches that may not be appropriate in every situation. Users should exercise reasonable judgment when applying Course Content to their own professional, organizational, or personal circumstances.
16.4 Professional Advice
Unless expressly stated otherwise for a particular Course, Course Content is not intended to constitute legal, tax, accounting, investment, medical, mental-health, or other regulated professional advice.
Where professional advice is appropriate, Users should consult a qualified professional familiar with their particular circumstances.
16.5 Third-Party Courses
Third-Party Courses are also provided for educational, informational, training, or professional-development purposes unless expressly stated otherwise.
The inclusion of a Third-Party Course on The Learning Academy does not constitute a guarantee by The Learning Academy of any particular result from completing or applying the information contained in that Course.
17. Disclaimers and Warranties
17.1 Course Content
17.6 Disclaimer of Implied Warranties
The Learning Academy uses reasonable efforts to provide Courses and Course Content that are relevant, useful, and appropriate for their stated educational or professional-development purposes.
However, Course Content may reflect information, practices, technologies, laws, industry standards, or other circumstances that change over time. The Learning Academy does not warrant that every item of Course Content will remain current, complete, or applicable to every User or circumstance.
Where The Learning Academy becomes aware of a material error in Course Content that it controls, it may take reasonable steps to correct or update the affected content.
17.2 Third-Party Course Content
Certain Courses and Course Content may be created or provided by independent Course Providers.
While The Learning Academy may review or evaluate Third-Party Courses before making them available, The Learning Academy does not independently verify or guarantee every statement, representation, opinion, recommendation, or item of information contained in Third-Party Course Content.
Responsibility for the creation and accuracy of Third-Party Course Content remains with the applicable Course Provider, subject to The Learning Academy’s rights and responsibilities under its agreement with that Course Provider and applicable law.
17.3 Website and Learning Management System
The Learning Academy uses reasonable efforts to maintain the availability, functionality, and security of the Website and Learning Management System.
However, the Website, Learning Management System, and related technology may occasionally experience interruptions, maintenance, technical errors, delays, incompatibilities, or other problems.
The Learning Academy does not warrant that the Website or Learning Management System will operate continuously, without interruption, or without error.
17.4 Internet and Device Requirements
Users are responsible for obtaining and maintaining the internet connection, hardware, software, browser, device, and other technology reasonably necessary to access the Website, Learning Management System, and Courses.
The Learning Academy does not guarantee compatibility with every device, operating system, browser, internet connection, or third-party technology.
17.5 Security
The Learning Academy uses reasonable measures intended to protect the Website, Learning Management System, and information under its control.
However, no internet-based system, electronic communication, or method of electronic storage can be guaranteed to be completely secure. The Learning Academy therefore cannot guarantee that unauthorized access, security incidents, viruses, malware, or other technological risks will never occur.
Users are responsible for maintaining reasonable security practices for their own Accounts, devices, networks, and internet access.
17.6 Disclaimer of Implied Warranties
To the fullest extent permitted by applicable law, and except for any express commitments made in these Terms and Conditions or in applicable Course-specific terms, the Website, Learning Management System, Courses, and related services are provided without warranties not expressly stated in these Terms.
Nothing in this Section excludes or limits any warranty, right, or remedy that cannot lawfully be excluded or limited under applicable law.
18. Changes to Courses, Website, and Terms and Conditions
18.1 Changes to the Website and Services
18.5 Existing Purchases
18.6 Legally Required Changes
The Learning Academy may update, modify, add to, or discontinue features of the Website, Learning Management System, Courses, or related services from time to time for educational, operational, technical, legal, security, or business reasons.
Such changes may include updates to Website features, Course presentation, instructional materials, technology, navigation, assessments, resources, or other aspects of the services.
Where a change materially affects a User’s previously purchased Course access, The Learning Academy will address the change in accordance with these Terms and Conditions, including any applicable provisions concerning Course discontinuation, access, refunds, or other remedies.
18.2 Changes to Course Content
The Learning Academy and its Course Providers may revise or update Course Content to improve quality, maintain relevance or accuracy, correct errors, reflect changes in practices or technology, or otherwise improve the learning experience.
Reasonable updates or revisions to Course Content do not create a right to a refund merely because the Course differs in some respects from an earlier version, provided that the overall nature and stated purpose of the Course have not been materially changed.
18.3 Changes to These Terms and Conditions
The Learning Academy may revise these Terms and Conditions from time to time to reflect changes in its services, business practices, technology, legal requirements, or other legitimate business needs.
The current version of these Terms and Conditions will be made available through the Website and will include an effective date or last-updated date.
18.4 Notice of Material Changes
Where reasonably practicable, The Learning Academy will provide notice of material changes to these Terms and Conditions that significantly affect existing Users.
Notice may be provided through the Website, Learning Management System, email, the User’s Account, or another reasonable electronic method.
Continued use of the Website or services after the effective date of revised Terms may constitute acceptance of the revised Terms where permitted by applicable law.
18.5 Existing Purchases
Changes to these Terms and Conditions will generally apply prospectively and will not retroactively reduce material rights associated with a Purchase completed before the effective date of the revised Terms, unless:
• the User agrees to the change;
• the change is required by applicable law;
• the change is reasonably necessary to address security, fraud, misuse, or technical integrity; or
• the change does not materially reduce the Course access or other benefits associated with the User’s existing Purchase.
18.6 Legally Required Changes
The Learning Academy may make changes to the Website, Courses, services, or these Terms and Conditions when reasonably necessary to comply with applicable law, regulation, court order, governmental requirement, or other legal obligation.
Where such a change materially affects an existing Purchase, The Learning Academy will take reasonable steps to address the impact in a manner consistent with applicable law and these Terms and Conditions.
19. Availability of the Website and Learning Management System
19.1 Availability
The Learning Academy uses reasonable efforts to maintain the availability and functionality of the Website, Learning Management System, Courses, and related services.
However, continuous or uninterrupted availability cannot be guaranteed. Access may occasionally be interrupted, delayed, restricted, or unavailable because of maintenance, technical issues, system updates, internet or network problems, third-party service disruptions, security concerns, or other circumstances.
19.2 Maintenance and Updates
The Learning Academy or its third-party service providers may perform scheduled or unscheduled maintenance, updates, repairs, upgrades, or other technical work that temporarily affects access to the Website, Learning Management System, Courses, or related services.
Where reasonably practicable, The Learning Academy may provide advance notice of planned interruptions that are expected to materially affect Course access.
19.3 Third-Party Technology and Services
The Learning Academy relies on third-party technology and service providers to operate certain aspects of its Website, Learning Management System, Course delivery, payment processing, communications, hosting, and other services.
The Learning Academy is not responsible for temporary interruptions or service failures caused solely by third-party systems or services outside its reasonable control, but will use reasonable efforts to address or work around material disruptions when reasonably practicable.
19.4 Circumstances Beyond Reasonable Control
The Learning Academy will not be responsible for delays or interruptions resulting from circumstances beyond its reasonable control, including significant internet or communications failures, utility outages, natural disasters, severe weather, governmental actions, civil disturbances, labor disruptions, cyberattacks, or other similar events.
19.5 Extended Course Access
If a material interruption substantially prevents Users from accessing a Paid Course for an extended period, The Learning Academy may, where appropriate, extend the applicable Course access period or provide another reasonable remedy.
Refunds or other financial remedies relating to material technical problems will be handled in accordance with Section 14 of these Terms and Conditions.
20. Limitation of Liability
20.1 Limitation on Certain Damages
20.3 Business Customers
20.4 Third-Party Services and Course Providers
20.5 Exceptions
20.6 Allocation of Risk
To the fullest extent permitted by applicable law, Prime Learning & Development, LLC d/b/a The Learning Academy, and its owners, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to the Website, Learning Management System, Courses, Course Content, or services, including loss of profits, revenue, business opportunities, goodwill, or data, even if the possibility of such damages was reasonably foreseeable.
This limitation does not apply to liability that cannot lawfully be excluded or limited.
20.2 Limitation on Aggregate Liability
To the fullest extent permitted by applicable law, the total aggregate liability of Prime Learning & Development, LLC d/b/a The Learning Academy arising out of or relating to an individual User’s Purchase, access to, or use of a particular Paid Course will not exceed the amount actually paid by that User to The Learning Academy for access to the Paid Course giving rise to the claim.
For claims arising from a Free Course or other service for which the User paid no Fee, The Learning Academy’s liability will be limited to the fullest extent permitted by applicable law.
20.3 Business Customers
Where a Business Customer and The Learning Academy have entered into a separate written agreement containing limitations of liability, the limitations contained in that agreement will control with respect to the services or Course access covered by that agreement.
If no separate limitation of liability applies, this Section will apply to the Business Customer to the fullest extent permitted by applicable law.
20.4 Third-Party Services and Course Providers
To the fullest extent permitted by applicable law, The Learning Academy will not be liable for losses or damages caused solely by the acts, omissions, content, systems, or services of an independent third-party Course Provider, payment processor, technology provider, or other third party outside The Learning Academy’s reasonable control.
Nothing in this provision limits any responsibility The Learning Academy may have for its own acts or omissions under applicable law.
20.5 Exceptions
Nothing in these Terms and Conditions excludes or limits liability to the extent that such liability cannot lawfully be excluded or limited under applicable law.
Nothing in this Section is intended to limit a User’s rights to refunds, credits, replacement access, or other remedies expressly provided elsewhere in these Terms and Conditions.
20.6 Allocation of Risk
The limitations contained in this Section are intended to reasonably allocate the risks associated with providing access to educational Courses and online services and are reflected in the Fees charged for access to Paid Courses.
21. No Waiver
The failure or delay by The Learning Academy to exercise or enforce any right, remedy, or provision of these Terms and Conditions does not constitute a waiver of that right, remedy, or provision.
Any waiver by The Learning Academy of a provision of these Terms and Conditions will apply only to the specific circumstances for which the waiver is given and will not constitute a continuing waiver or a waiver of any other provision.
No waiver of any provision of these Terms and Conditions will be effective unless it is expressly made by The Learning Academy.
22. Prior Terms and Entire Agreement
22.1 Prior Versions of These Terms
These Terms and Conditions supersede and replace all prior versions of The Learning Academy’s Terms and Conditions as of the effective date stated in the current version.
As provided in Section 18, revisions to these Terms and Conditions generally apply prospectively and do not retroactively reduce material rights associated with a Purchase completed before the effective date of the revised Terms, except as otherwise permitted under these Terms and Conditions or required by applicable law.
22.2 Entire Agreement
These Terms and Conditions, together with the Privacy Policy, applicable Course-specific terms, Purchase information, and any separate written agreement between the User or Business Customer and The Learning Academy, constitute the agreement governing the applicable use of the Website, Learning Management System, Courses, Course Content, and related services.
22.3 Separate Written Agreements
If The Learning Academy and a User or Business Customer enter into a separate written agreement concerning particular Courses, services, or transactions, that agreement will control to the extent that it expressly conflicts with these Terms and Conditions with respect to the matters covered by that agreement.
Except to the extent expressly modified by the separate written agreement, these Terms and Conditions will continue to apply.
22.4 No Reliance on Unstated Terms
Users should rely on the terms, Course descriptions, Purchase information, and other representations expressly provided by The Learning Academy in connection with a Purchase.
No oral statement, informal communication, advertisement, or other representation will modify these Terms and Conditions or a separate written agreement unless The Learning Academy expressly agrees to the modification in writing.
23. Third Party Rights
23.1 Parties to These Terms
Except as expressly provided in these Terms and Conditions, these Terms and Conditions are between the User or Business Customer and Prime Learning & Development, LLC d/b/a The Learning Academy and are not intended to grant contractual rights or remedies to any other person or organization.
23.2 Expressly Protected Parties
Nothing in this Section limits any protection, right, defense, limitation of liability, or other benefit expressly provided under these Terms and Conditions to The Learning Academy’s owners, officers, employees, contractors, agents, Course Providers, licensors, or other parties specifically identified in an applicable provision.
23.3 No Third-Party Beneficiary Rights
Except for parties expressly granted rights or protections under these Terms and Conditions, no person or organization that is not a party to these Terms and Conditions will be considered a third-party beneficiary or have the right to enforce these Terms and Conditions.
24. Communications and Notices
24.1 Electronic Communications
By creating an Account, making a Purchase, or otherwise using The Learning Academy’s services, you agree that The Learning Academy may communicate with you electronically regarding your Account, Purchases, Course access, transactions, security, changes to these Terms and Conditions, and other matters relating to your use of the Website, Learning Management System, Courses, or services.
Electronic communications may be provided by email, through the Learning Management System, through your Account, or by notices posted on the Website where appropriate.
24.2 Contact Information
Users are responsible for providing accurate and current contact information and for maintaining access to the email address associated with their Account.
The Learning Academy is not responsible for a User’s failure to receive a communication because the User provided inaccurate or outdated contact information, an email was filtered or blocked by the User’s email provider or settings, or circumstances outside The Learning Academy’s reasonable control prevented delivery.
24.3 Notices to The Learning Academy
Notices, questions, refund requests, or other communications to The Learning Academy should be submitted using the contact information provided on the Website.
Where these Terms and Conditions require notice within a particular period, the User is responsible for submitting the notice within that period.
24.4 Marketing Communications
The Learning Academy may send marketing or promotional communications to Users who have consented to receive such communications or where otherwise permitted by applicable law.
Acceptance of these Terms and Conditions, by itself, does not constitute consent to receive marketing communications where separate consent is required by applicable law.
Users may unsubscribe from marketing emails by using the unsubscribe mechanism provided in the applicable communication or by contacting The Learning Academy.
Unsubscribing from marketing communications will not prevent The Learning Academy from sending transactional, administrative, security, Course-related, or other non-promotional communications reasonably necessary to provide services or administer the User’s Account.
24.5 Communications from Course Providers
The Learning Academy may facilitate communications relating to Courses provided by independent Course Providers.
Independent Course Providers may not use User contact information obtained through The Learning Academy for their own unrelated marketing purposes except as permitted by The Learning Academy’s Privacy Policy, applicable law, and any applicable consent provided by the User.
24.6 Electronic Records
Users agree that electronic communications, confirmations, notices, disclosures, and other records provided in connection with the Website, Learning Management System, Courses, or Purchases may satisfy requirements that such communications or records be provided in writing, to the extent permitted by applicable law.
25. Governing Law and Jurisdiction
25.1 Governing Law
25.2 Jurisdiction and Venue
25.3 Consumer Rights
25.4 Informal Resolution of Disputes
These Terms and Conditions and any dispute arising out of or relating to these Terms and Conditions, the Website, Learning Management System, Courses, Course Content, Purchases, or services provided by The Learning Academy will be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict-of-law principles.
25.2 Jurisdiction and Venue
To the fullest extent permitted by applicable law, any legal action or proceeding arising out of or relating to these Terms and Conditions, the Website, Learning Management System, Courses, Course Content, Purchases, or services provided by The Learning Academy shall be brought in a state or federal court having jurisdiction in or serving Spartanburg County, South Carolina.
Each party consents to the personal jurisdiction of such courts for purposes of resolving such disputes.
25.3 Consumer Rights
Nothing in this Section is intended to deprive a consumer of any protection, right, remedy, or forum that cannot lawfully be waived under applicable federal, state, or local law.
25.4 Informal Resolution of Disputes
Before filing a legal action relating to these Terms and Conditions or the services of The Learning Academy, the parties are encouraged to make a reasonable good-faith effort to resolve the dispute informally.
A User may initiate an informal resolution request by contacting The Learning Academy using the contact information provided on the Website.
Nothing in this Section requires a party to delay legal action where immediate action is reasonably necessary to preserve a legal right, comply with an applicable limitations period, seek emergency relief, or protect against immediate harm.
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