Terms & Conditions

With Privacy Policy

eLearning.Law

Terms of Service & Privacy Policy

Last Updated on May 28, 2021

Includes a Class Action Waiver and Arbitration Requirement

By signing up for the eLearning.Law service (“Service”) or any of the services of eLearning.Law and Doucet Gerling Co., LPA. (“eLearning.Law”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at here. eLearning.Law reserves the right to update and change the Terms of Service by posting updates and changes to the eLearning.Law website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including our Privacy Policy.

eLearning.Law’s Privacy Policy

Introduction

eLearning.Law and Doucet Gerling Co., LPA are committed to lawful, fair, and transparent collection of your data. This policy governs data collection by us and our affiliates (collectively the “Company”) when you purchase or use our products, services, software, and website (collectively the “Services”). It was drafted to help you understand the types of information we collect from you, how we use it, as well as how we share, store and protect it.

If you do not agree with this policy, you should not use our Services. By accessing or using our Services, you agree to this policy, which may change from time to time to better reflect our practices and applicable laws. Your continued use after we make change(s) is deemed acceptance of those changes.

Children Under the Age of 13

Our Services are not intended for minors (children under 13 years of age or equivalent depending on jurisdiction, (“Children”), and use of our Services by Children is strictly prohibited. We do not knowingly collect personally identifiable information from Children. If we learn we have collected or received personal information from Children without verification of parental consent, we will delete that information. If you believe we might have any information from or about Children, please contact us.

Types of Information We Collect

We collect information if you voluntarily provide it to us. For example, if you sign up for our Services, you might give us your name and email address. You might also give us data when you email us or give us feedback. In addition, you may submit information online through surveys, forms, portals, or other interactive activities on our website. details about transactions you carry out through our website. It is always your choice whether or not to provide personal data. 

Do not provide personal data unless you are authorized to do so.

We may collect the following information directly from you:

Information that may be personally identified, such as name, address, e-mail address, and other identifier by which you may be contacted online or offline ("personal information"); information that is about you but individually does not identify you; and/or information about how you interact with our website, such as internet connection or the equipment you use to access the Services.

This policy does not apply to third-party sites that may link to, or be accessible from, our site. We do not control these third parties' tracking technologies or how they may be used. Your interactions with these sites are governed by the third parties’ applicable privacy statements. If you have any questions about these sites, you should contact the responsible provider directly.  Additionally:

  • Third party vendors, including Google, use cookies to serve ads based on a user's prior visits to our website and other websites.
  • Google's use of advertising cookies enables it and its partners to serve ads to our users based on their visit to our sites and/or other sites on the Internet.
  • Users may opt out of personalized advertising by visiting  https://www.google.com/settings/ads or www.aboutads.info)

If you have not opted out of third-party ad serving, the cookies of other third-party vendors or ad networks may also be used to serve ads on our site, including:

  • Google.com, Facebook.com, HotJar.com, and AdSense.com.
  • You may visit those websites to opt out of the use of cookies for personalized advertising. Alternatively, you can opt out of some third-party vendors’ uses of cookies for personalized advertising by visiting www.aboutads.info

 We may also collect information automatically:

 As you interact with our website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: details of your visits to our website and information about your computer and internet connection. The information we collect automatically does not include personal information.

The technologies we use for this automatic data collection may include cookies. You may refuse to accept browser cookies by activating the appropriate setting on your browser, but if you do you may be unable to access certain parts of our website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to us.

Included in the technology we use is Google's suite of tracking software.  It's privacy policy and your ability to change your settings is at https://policies.google.com/privacy?hl=en-US.  We further utilize Facebook's Pixel tracking software.  You can obtain their policy at https://developers.facebook.com/docs/privacy/. 

How We Use Your Information

We use information that we collect about you or that you provide to us, including personal information to present our Services to you; to provide you with information, products, or services that you request from us; to fulfill any other purpose for which you provide it; to provide you with notices about your account/ subscription, including expiration and renewal notices; to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; to comply with legal obligations; or for any other purpose with your consent.

We do not specifically target EU residents and do not market to EU residents.  However, if you are an EU resident, we will collect and use your personal data only if we have one or more legal bases for doing so under the GDPR. This means we collect and use your personal data only where you have given your consent for one or more specific purposes; it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; it is necessary to protect the vital interests of you or another natural person; or it is necessary to comply with a legal obligation.

Who We Share Your Information With

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We do not sell your personal information.  However, we may disclose personal information that we collect or you provide as described in this policy to our team members, agents, subsidiaries and affiliates who have a business need to know; to contractors, service providers, and other third parties we use to support our business; to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets; to fulfill the purpose for which you provide it; for any other purpose disclosed by us when you provide the information; and/or with your consent.

We may also disclose your personal information: to comply with any court order, law, or legal process, including to respond to any government or regulatory request; and/or to enforce or apply our terms of use and other agreements, including for billing and collection purposes.  If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

How We Protect Your Personal Information

We may store your personal data in any region or in any country where we or our service providers have facilities. We implement reasonable processes and adhere to best practices in order to protect your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. We will do our best to protect your personal information, but we cannot guarantee the security of your personal information transmitted to our website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the website. We will store your personal data only until it is no longer needed to fulfill the purpose(s) for which it was collected or as required or permitted by law; at that point it will be anonymized, deleted, or isolated.

Accessing and Correcting Your Information

You can request to access, correct or delete any personal information that you have provided to us by contacting us at troy@elearning.law. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

How to Contact Us

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

eLearning.Law, LLC

655 Metro Place South, Suite 600, Dublin

Ohio, United States 43017

support@elearning.law

614-221-9800

www.elearning.law

 

Account Terms

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
  3. You acknowledge that eLearning.Law will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. eLearning.Law cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  5. You are responsible for all activity and content such as videos, files, data, graphics, photos and links that is uploaded under your eLearning.Law account (“Course Content”). You must not transmit any worms or viruses or any code of a destructive nature.
  6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of eLearning.Law will result in an immediate termination of your services.
  7. If you are a course creator, but uploading a course, you certify that you are an attorney in good standing with a state or federal bar, or you are a retired attorney eligible for reentry, and you have at least 5 years’ experience as an attorney in the area of your course.
  8. You also agree to include downloadable documents/content/templates for each course that you teach and make available to the public on this website.

Account Activation

Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.

If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

General Conditions

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of eLearning.Law.

Technical support is only provided to paying account holders and is only available via email.

You may not use the eLearning.Law service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the State of Ohio.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by eLearning.Law.

Questions about the Terms of Service should be sent to support@eLearning.Law. 

You understand that your Course Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

You acknowledge and agree that your use of the Service, including information transmitted to or stored by eLearning.Law, is governed by its privacy policy above.

If you are on a eLearning.Law plan with transaction fees and don’t have written consent from eLearning.Law, you agree not to charge people to access your courses other than by collecting payments on the eLearning.Law Service. Any attempt to bypass the eLearning.Law payment system to avoid transaction fees may result in the suspension or cancellation of your account. If you would like to avoid transaction fees please contact us at support@eLearning.Law.

Additional eLearning.Law’s Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Course Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any eLearning.Law customer, eLearning.Law employee, member, or officer will result in immediate account termination.
  5. eLearning.Law does not pre-screen Course Content and it is in their sole discretion to refuse or remove any Course Content that is available via the Service.
  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that eLearning.Law employees and contractors may also be eLearning.Law customers/instructors and that they may compete with you, although they may not use your confidential information in doing so.
  7. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
  8. eLearning.Law retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, eLearning.Law reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
  9. If we provide you free access to eLearning.Law, you must upload your course within 6 months or we reserve the right to delete your account and consider it to be abandoned.  If you are paying a monthly fee, you may keep your site without risk of deletion due to inactivity.

Limitation of Liability

  1. You expressly understand and agree that eLearning.Law shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  2. In no event shall eLearning.Law or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, eLearning.Law partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  3. Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
  4. eLearning.Law does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. eLearning.Law does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. eLearning.Law does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
  7. In no event will Service Provider’s aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the eLearning.Law Service hereunder during the one (1) month period immediately preceding the date on which the cause of action arose.
  8. eLearning.Law does not guarantee it will continue in perpetuity and reserves the right to end its Service with reasonable notice to you, along with an opportunity to download/recover your data, videos, and related course material.
  9. eLearning.Law reserves the right to switch its underlying platform (currently Thinkific) to another platform provider with or without notice to you, but eLearning.Law shall undertake good faith efforts to transfer your course material for you should that occur.

Waiver and Complete Agreement

The failure of eLearning.Law to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and eLearning.Law and govern your use of the Service, superseding any prior agreements between you and eLearning.Law (including, but not limited to, any prior versions of the Terms of Service).  This is a fully integrated contract

Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the material you provide to the eLearning.Law service. All material you upload remains yours. You can remove your eLearning.Law site at any time by deleting your account. This will also remove all content you have stored on the Service.
  2. By uploading Course Content, you agree: (a) to allow other internet users to view your Course Content; (b) to allow eLearning.Law to display and store your Course Content; and (c) that eLearning.Law can, at any time, review all the Course Content submitted by you to its Service.
  3. You retain ownership over all Course Content that you upload to a eLearning.Law site; however, by making your site public, you agree to allow others to view your Course Content. You are responsible for compliance of Course Content with any applicable laws or regulations.
  4. You retain ownership over all content that you submit to a eLearning.Law site however, by making your site public, you agree to allow others to view your content.
  5. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
  6. You agree not to sell your course on other sites while you are selling it on eLearning.Law.  But you are welcome to link the material to this site on other sites for marketing purposes, including offering part of your course for free elsewhere to entice others to visit your sales page here.
  7. You allow us to use parts of your lessons (or your sales pitch) in our marketing efforts, including to sell/market your course, without cost or obligation to you.  The concept here is that we may undertake to promote your course so people buy it, and you give us license to do that as we see fit.

Payment of Fees

  1. A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
  2. The service will be billed in 30-day intervals. When your billing period is over the Account Owner may be sent an invoice via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing.
  3. All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  4. If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of eLearning.Law’s products and services, including without limitation, your subscription to or purchase of eLearning.Law’s ecommerce services (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
  5. eLearning.Law provides refunds to end users/students for a period of 30 days after they first obtain access to a course.  However, eLearning.Law does not provide for refunds of subscription-based courses/training/calls/coaching.

Cancellation and Termination

  1. You may cancel your account at anytime by emailing support@elearning.law and then following the specific instructions indicated to you in eLearning.Law’s response.
  2. Once cancellation is confirmed, all of your Course Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
  3. If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
  4. We reserve the right to modify or terminate the eLearning.Law service for any reason, without notice at any time.
  5. Fraud: Without limiting any other remedies, eLearning.Law may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Modifications to the Service and Prices

  1. We will endeavor to grandfather in pricing structures for existing courses, but prices for using eLearning.Law are subject to change upon 30-days notice from eLearning.Law. Such notice may be provided at any time by posting the changes to the eLearning.Law Site (eLearning.Law) or the administration menu of your eLearning.Law site via an announcement.
  2. eLearning.Law reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. eLearning.Law shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Optional Tools

  1. eLearning.Law may provide you with access to third party tools over which eLearning.Law neither monitors nor has any control or input.
  2. You acknowledge and agree that eLearning.Law provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. eLearning.Law shall have no liability whatsoever arising from or relating to your use of optional third party tools.
  3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
  4. eLearning.Law strongly recommends that instructors seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates instructors should charge end users.

Digital Millennium Copyright Act

General Policy
eLearning.Law has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). It is eLearning.Law’s policy to (a) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of its affiliates, content providers, or users; and (b) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringement
 If you believe that Content residing on or accessible through the eLearning.Law web site or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that eLearning.Law is capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
  5. A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once Proper Bona Fide Infringement Notification is Received by eLearning.Law’s Support Team:  It is eLearning.Law’s policy to notify the Content provider or user that an infringement notification has been received and that the Content will be removed at the end of 24 hours unless a counter-notice is supplied to eLearning.Law. If no legitimate counter-notice is supplied, the infringing content will be removed from the system.

Procedure to Supply a Counter-Notice to eLearning.Law
 If the Content provider, or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider or user must send a counter-notice containing the following information to eLearning.Law’s Support Team listed below:

  1. A physical or electronic signature of the Content provider or user;
  2. Identification of the Content that is claimed to be infringing
  3. A statement that the Content provider or user has a good faith belief that the infringement notification was received as a result of mistake or a misidentification of the Content; and
  4. Content provider’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s or user’s address is located, or if the Content provider’s or user’s address is located outside the United States, for any judicial district in which eLearning.Law is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by eLearning.Law Support Team, eLearning.Law will restore access to the Content and notify the original complaining party. The Content will then remain published unless the copyright owner files an action seeking a court order against the Content provider or user.

Designated Agent to Receive Notification of Claimed Infringement
Please contact eLearning.Law’s Support Team to Receive Notification of Claimed Infringement at the following address:
Name – eLearning.Law, Attn: Copyright Infringement
Email – support@eLearning.Law
Address – c/o Doucet Gerling Co., LPA, 655 Metro Place South, Suite 600, Dublin, OH 43017, USA
 Telephone – 1-614-221-9800

California Consumer Privacy Act of 2018

CCPA” California Consumer Privacy Act of 2018 (California Civil Code §§ 1798.100 to 1798.199) and its implementing regulations, including without limitation and in each case any amendments and implementing regulations that become effective after the date of this Addendum. 

Contracted Services” means the services you have determined will be provided by eLearning.Law under the Agreement or Section 5.1 of this Addendum.

When used in this Addendum, the following terms will have the same meaning as in the CCPA: (a) aggregate consumer information; (b) business; (c) business purpose; (d) collect; (e) commercial purpose; (f) consumer; (g) deidentified; (h) personal information (i) publicly available; (j) sell; (k) service provider; and (l) processing.

Background

Under the Agreement, you have determined that eLearning.Law may act as a “service provider” to you by providing you with the Contracted Services in relation to any one or more of: (a) online course platform software; (b) online course management and administration; and (c) support and maintenance.

The Contracted Services may involve eLearning.Law processing personal information on your behalf, which may include personal information relating to your customers, students or subscribers or other individuals with whom you deal in the course of your business.

You will determine the purposes and means of the processing of personal information.

Personal Information – eLearning.Law Obligations

eLearning.Law will not:

  1. Retain, use, or disclose the personal information for any purpose other than for the specific purpose of performing the Contracted Services, including retaining, using, or disclosing the personal information for a commercial purpose other than providing the Contracted Services;
  2. Retain, use, or disclose the personal information outside of the direct business relationship between you and eLearning.Law;
  3. Sell the personal information; and
  4. Further collect or use the personal information of the consumer except as necessary to perform a business purpose.

eLearning.Law hereby certifies that it understands its obligations under Section 3.1 and will comply with them.

eLearning.Law will not respond to any request received by it from a consumer under the CCPA other than to inform the consumer that the request cannot be acted upon because it has been sent to a service provider.

Personal Information – Your Obligations

You represent, warrant and covenant that:

  1. You do not and will not sell consumers’ personal information; or
  2. You have provided notice of that information being used or shared in its terms and conditions consistent with Section 1798.135 of the CCPA.

You will not:

  1. Require eLearning.Law to sell personal information on your behalf; or
  2. Unless necessary to perform a business purpose, provide eLearning.Law with, or require or direct eLearning.Law to collect on your behalf, any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

Contracted Services

The parties agree that the Contracted Services may include, without limitation, the following activities to the extent eLearning.Law determines such activities are necessary for it to perform the services provided under the Agreement: (a) retaining and employing another service provider as a subcontractor, where the subcontractor meets the requirements for a service provider under the CCPA, (b) internally building or improving the quality of eLearning.Law’s services, except building or modifying household or consumer profiles to use in providing services to another business, or correcting or augmenting data acquired from another source, (c) detecting data security incidents, or protecting against fraudulent or illegal activity; and (d) complying with federal, state, or local laws, comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities; cooperating with law enforcement agencies concerning conduct or activity that you, eLearning.Law or a third party reasonably and in good faith believes may violate federal, state, or local law; or exercising or defending legal claims.

The parties agree that the Contracted Services are necessary to perform a business purpose and form part of the direct business relationship between eLearning.Law and you.

Remedies

Your remedies with respect to any breach by eLearning.Law of the terms of this Addendum and the overall aggregate liability of eLearning.Law arising out of, or in connection with the Agreement (including this Addendum) will be subject to any aggregate limitation of liability that has been agreed between the parties under the Agreement but in no event shall be more than the amount you paid to eLearning.Law (the “Liability Cap”). For the avoidance of doubt, the parties intend and agree that the overall aggregate liability of eLearning.Law and its affiliates arising out of, or in connection with the Agreement (including this Addendum) will in no event exceed the Liability Cap.

Affiliate Access: Getting Paid & the Money Part

  1. You set the price for your course.  You can offer it for free or you can charge any amount you like.  We can also give you access to discount codes to provide as you see fit.  
  2. You earn 100% of the sales from your course that are a result of someone following the unique URL landing page that we provide you (described below), net of our payment processor fee.  We currently use Stripe, which charges 2.9%+$.30 for each transaction.   Therefore, you will be paid 97.10% of each sale (we absorb the 30 cents).  
  3. Your 97.10% will be divided into two methods of payment.  The first is 20% from the revenue sharing aspect of our site, and the remaining 77.10% will be from direct commission through the affiliate link we give you.  (This ensures you make at least 20% from each sale, no matter how people find their way to your course, described below.)
  4. You earn 20% of the sales from your course that come from all other sources.  That means anyone getting to our site through their own or other efforts and buy your course will earn you 20%.
  5. Next, you can earn 20% on any course anyone buys anywhere on our site by giving them a secondary unique affiliate link.  This link is currently different than the link referenced above due to technological limitations of our service provider, and we hope sometime in the future to be able to combine the links so you can just use one to get paid on every purchase on our website at the 20% or 100% payouts.  However, at this time, you cannot combine the links or payouts, so you can either earn 100% from your course sale or 20% on all courses across the platform.

How the Affiliate Program Works

  1. Affiliates do not need to be course creators or students.   Anyone who wants to earn commissions from the sale of eLearning.Law’s courses can sign up for our 20% commission rate from eLearning.Law.
  2. As an Affiliate, you have the ability to earn commissions by promoting courses and bringing in new students to your site.  Understanding exactly how eLearning.Law tracks affiliate associations and commissions can help you get the most of that relationship, and ensure that you get appropriate credit for the extra business you are generating.
  3. eLearning.Law uses custom URL website links to track who has sent a new student to a site; these links are specific URLs that include your unique Affiliate Code, and you will have access to URLs for individual courses, as well as a general homepage link. Whenever a new visitor arrives at the site through one of these links, their browser saves a cookie with a record of your code, which lasts for 30 days — if that student signs up at any time during that next month, they will be counted as one of your referrals. From that point on, courses they buy will earn you a commission, based on the terms of your affiliate agreement.
  4. Course creators will be given two Affiliate Code links upon request.  The first will enable the course creator to earn 77.10% on the sale of your course(s) only.   The other code will be similar to all other affiliate codes, earning you 20% on the sale of all other courses that your referral buys.  Note: the same student cannot be allocated to two codes and a student who uses a course creator’s 77.10% code.  Once your student uses one affiliate code to login, you cannot overwrite it with another code.  Therefore, a student who buys a course creator’s course at 97.10% payout will not be eligible for 20% commissions on other courses they buy (this is a limitation of our platform that we hope is corrected at some point in the future).

Getting Set Up 

Affiliates are set up as regular users of the site, and so have their own login and password. If you were already a student before signing up as an Affiliate, you will continue using your existing account as usual. If you are new to the site, the course creator will create an account for you and should provide you with your login details.  Email support@elearning.law to turn on your affiliate codes for the website.

An affiliate account is mostly the same as a student account, but it does include an additional menu with specific information related to your role as an Affiliate.

How to Access Your Affiliate Menu

  1. Log in with the email and password provided to you by the instructor
  2. Open your Profile menu by clicking on your name or profile image at the top right of the page
  3. Click on Affiliate to bring up your affiliate menu
  4. Use the options on the left side of the screen to navigate through the different sections 

Pay Day

You get paid the first day of the following month following the sale to pay you commissions.  For example, all payments process all payouts from June will be paid at the beginning of August. This is in case the customer requests a refund during that time (any customer refunds will be removed from the affiliate’s commission automatically).   

How to Find Your Affiliate Referral Code

  1. Login to your account
  2. Click Your Affiliate Links
  3. The referral code will appear at the end of all links listed
  4. It will be formatted like this: ref=XXXXXX

Additional Guidelines

  1. The first time a visitor accesses your site must be through an affiliate link.
  2. If it is the first time a visitor has accessed your site, a cookie will be saved in their browser that includes the Affiliate's referral code; this cookie will last for 30 days.
  3. The visitor must sign up for an account within 30 days in the same browser (with the saved cookie) to be associated with the affiliate.
  4. The affiliate cookie lasts for 30 days and is not overwritten or renewed if the visitor accesses your site through another affiliate link within that 30 days. The cookie expiration date will remain the same.
  5. The visitor does not need to make a purchase right away. If they simply sign up for an account or for a free course, they will still be associated with that Affiliate for future purchases.
  6. If the cookie has expired and the visitor returns to the site, a new cookie will be created. For example, if a student visits a site through an affiliate link and never signs up, then 31 days later, visits through the same affiliate link, a new cookie is saved that includes the Affiliate referral code.

Timing Issues

Because the tracking cookie only cares about the first visit (in a 30 day period), an Affiliate will not get credit for a student sign-up if that student had already visited your site prior to engaging with the affiliate. This is true even if the student later uses the affiliate link when actually enrolling in the course.

Cookie Trouble

Because cookies are browser-specific, you can run into problems if the visitor eventually signs up from a different browser than the one they were using when they first visited. This will only be a problem if they do not find the site via the same Affiliate link on the new browser.

If the student ends up having to clear their browser cache or otherwise reset their cookies at some point between first visiting the site and signing up, then returns to the site without using the original Affiliate link — e.g. because they have bookmarked it, intending to sign up later — they may not end up associated with the Affiliate.

A student account that you create manually from your Admin Dashboard will not be associated with an Affiliate, even if you later sign that account up for a course using an affiliate link.  

Class Action Waiver 

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS SECTION, ANY ARBITRATION OR COURT ACTION HEREUNDER SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS OR COLLECTIVE ACTION BASIS OR ON A BASIS INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS OR ANY GOVERNMENTAL BODY OR THE PUBLIC. CLASS AND COLLECTIVE ACTIONS UNDER THIS DISPUTE RESOLUTION PROVISION ARE PROHIBITED, WHETHER IN COURT OR ARBITRATION, AND THE ARBITRATOR OR COURT, AS APPLICABLE, SHALL HAVE EXECUTION VERSION NO AUTHORITY TO PROCEED ON SUCH BASIS. ANY ISSUE CONCERNING THE ENFORCEABILITY OR VALIDITY OF THIS SECTION AND THE WAIVER HEREIN SHALL BE DECIDED BY A COURT WITH JURISDICTION AND VENUE IN FRANKLIN COUNTY, OHIO, USA. IN CONNECTION THEREWITH, IF THERE IS A DETERMINATION BY SUCH COURT THAT THIS SECTION IS UNENFORCEABLE, THEN ANY CLASS, COLLECTIVE, REPRESENTATIVE OR JOINT ACTION BY THE PARTIES SHALL ONLY BE BROUGHT IN A COURT WITHIN THE SAME JURISDICTION AND VENUE, AND NOT IN ARBITRATION.

Binding Arbitration

If a dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The place of arbitration shall be Franklin County, Ohio, USA. The arbitration shall be governed by the laws of the State of Ohio. Leave the arbitration clause silent regarding the scope of exchange of electronic information. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.