Terms of Service (TOS)

Terms of Service – Gearhead School

User Contributed Content

Most of the learning products offered by Gearhead School support instructor-to-student and student-to-student interaction. This interaction can occur in blog post comments, lesson comments, and online video conferences.

User-contributed content must adhere to the following guidelines:

  • The content is not spam
  • The content is not openly promoting a product or service
  • The content is not protected by a copyright
  • The content is not designed to drive traffic to a third party site
  • The content is not pornographic
  • The content does not contain threats or incite violence
  • The content does not violate the privacy rights of others
  • You may not make “cold contact” sales pitches or openly promote a product or service within the Gearhead School training products. Repeated violations of this rule can lead to being removed from all Gearhead School training products at the sole discretion of the Site Admin.

Limits of Liability

All the information made available on the Gearhead School website is presented “as is” and you agree that you use this information at your own risk. As a condition of this TOS Agreement, you agree that you will not hold Gearhead School / DLP Publishing LLC (or any of its officers, owners, or investors) liable for any consequences you incur from using any information or services provided on the Gearhead School website

Account Suspension/Termination

You agree that the Gearhead School Administrator, at his sole discretion, may suspend or delete your account for any reason, including the belief that you have violated or acted inconsistently with the conditions of the TOS Agreement.

Changes to The Terms of Service Agreement

Gearhead School / DLP Publishing LLC reserves the right to modify this document, as needed, at any point in the future. The current and prevailing agreement can be reviewed at any time from the “About Us” menu on the Gearhead School website. It is the user’s responsibility to review this document, on a regular basis, to be aware of any changes made to the TOS Agreement.

Terms of Service – Electude LMS

This is an abbreviated “Terms of Service”. To view the full text visit Electude: Terms of Service

  • User agrees that any registration information given to Electude will always be accurate, correct and up to date.
  • User shall not reproduce, duplicate, copy, sell, trade or resell the Products or the Content for any purpose.
  • The User is responsible (a) for maintaining the confidentiality of passwords associated with any account used to access the Products or the Content and (b) for all activities that occur under its account(s).
  • User shall immediately notify Electude if User becomes aware of any unauthorized use of any of its passwords or accounts.

Intellectual Property

Electude and its Electude’s licensors own all legal right, title and interest in and to the Products and the Content. This right, title and interest includes any and all intellectual property rights which subsist in the Products or the Content, irrespective of whether these rights are registered or not and wherever in the world these right exist (“Intellectual Property Rights”) .

User is not entitled to use or exploit any part of the Products, the Content or any of the Intellectual property Rights other than as expressly provided for in these Terms or as otherwise agreed in writing with Electude.

User shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Products or the Content.

License from Electude

Provided that a User has been provided access to the Content and/or uses the Products in compliance with these Terms and any applicable agreement with Electude, a User has a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Products and the Content for the sole purpose of enabling the User to use and enjoy the benefit of the Products and the Content as provided by Electude and in the manner permitted by these Terms and any applicable agreement with Electude..

User may not assign (or grant a sub-license of) its rights to use the Products and the Content, grant a security interest in or over its rights to use the Products or the Content, or otherwise transfer any part of its rights to use the Products and the Content.

Processing of Personal Data

With regard to any information relating to an identified or identifiable natural person (“personal data”), the following provisions shall apply, if and when Electude processes such personal data on behalf of any person or entity which alone or jointly with others, determines the purposes and means of the processing of such personal data.

Electude:

  1. shall process the personal data only on documented instructions from the Controller, including with regard to transfers of personal data to a third country or an international organization, unless required to do so by applicable law to which Electude is subject; in such a case, Electude shall inform the Controller of that legal requirement before processing the personal data, unless that law prohibits such information on important grounds of public interest;
  2. ensures that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
  3. takes all measures required to ensure a level of security appropriate to the risk of processing the personal data pursuant to applicable data protection laws and regulations;
  4. assists the Controller, taking into account the nature of the processing, by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of the Controller’s obligation to respond to requests for exercising the identified or identifiable natural persons’ rights;
  5. assists the Controller in ensuring compliance with the applicable data protection laws and regulations taking into account the nature of processing and the information available to Electude;
  6. returns or deletes, at the choice of the Controller all the personal data after the end of the provision of services relating to processing the personal data, and deletes existing copies unless applicable data protection laws and regulations require storage of the personal data. Specifics of the retention of personal data are set out in Annex 1, which may be amended by Electude from time to time;
  7. makes available to the Controller all information necessary to demonstrate compliance with the obligations laid down in the applicable data protection laws and regulations and allow for and contribute to audits, including inspections, conducted by the Controller or another auditor mandated by the Controller. The costs of the audit at the Controller’s request are at the Controller’s expense, unless the findings of the audit show that Electude has failed to comply with the applicable data protection laws and regulations.

Liability

To the extend permitted by applicable law, Electude, its licensors, agents, distributors, employees or associates shall not be liable for (a) any direct, indirect, special, consequential or exemplary damages, however caused and under any theory of liability, including but not limited to any loss of profit, any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute Products or any other intangible loss; (b) any loss or damage by User, including but not limited to loss or damage as a result of (i) any changes which Electude may from time to time make in the Products of or any temporary or permanent cessation in the provisions of (any part of) the Products, (ii) the deletion, corruption or failure to store any Content or communication data maintained or transmitted as part of the use by User of the Products, (iii) User’s failure to provide Electude with accurate account information or (iv) User’s failure to keep any passwords and account details secure and confidential.