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TERMS OF USE

These Terms of Use (“Terms”) were last updated on February 15, 2020.

 

TCM Academy’s mission is to improve integrative practitioners skills through learning. We enable teachers to create and share educational courses (instructors) and to enroll in these educational courses to learn (students). We need rules to keep our platform and services safe for you, us and our student and instructor community. These Terms apply to all your activities on the TCM Academy website and other related digital services (“Services”).

By agreeing  to these terms you also agree to our Refund & Return Policy . Click here for our Refund and Return Policy

 

We also provide details regarding our processing of personal data of our students and instructors in our Privacy Policy.

 

By agreeing to these Terms, you agree to resolve disputes with TCM Academy through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.

 

 

1. ACCOUNTS

You need an account for most activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting our Support Team. You must have reached the age of consent for online services in your country to use TCM Academy.

 

You need an account for most activities on our platform, including to purchase and enroll in a course or to submit a course for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.

 

If you share your account login credential with someone else, you are responsible for what happens with your account and TCM Academy will not intervene in disputes between students or instructors who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.

 

Students and instructors must be at least 18 years of age to create an account on TCM Academy and use the Services. If we discover that you have created an account and you are younger than the required age for consent to use online services (for example, 13 in the US), we will terminate your account.

 

You can terminate your account at any time by contacting our Support Team. Check our Privacy Policy to see what happens when you terminate your account.

 

2. COURSE ENROLLMENT

When you enroll in a course, you get a license from us to view it via the TCM Academy Services and no other use. Don’t try to transfer or resell courses in any way. We grant you a lifetime access license, except when we must disable the course because of legal or policy reasons.

 

When instructors publish a course on TCM Academy, they grant TCM Academy a license to offer a license to the course to students. This means that we have the right to sublicense the course to the students who enroll in the course. As a student, when you enroll in a course, whether it’s a free or paid course, you are getting from TCM Academy a license to view the course via the TCM Academy platform and Services, and TCM Academy is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).

 

In legal, more complete terms, TCM Academy grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a TCM Academy authorized representative. This also applies to content you can access via any of our APIs.

 

We reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint.

Instructors may not grant licenses to their courses to student directly and any such direct license shall be null and void and a violation of these Terms.

 

3. PAYMENTS, CREDITS, AND REFUNDS

When you make a payment, you agree to use a valid payment method. Our pre-recorded courses are immediately accessible after purchase and therefore are non-refundable

 

3.1 Pricing

The prices of courses on TCM Academy are determined by TCM Academy under agreement with the Instructors.

 

We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available to new users only.

 

If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. In certain countries, the price you see may include such taxes.

 

3.2 Payments

You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. TCM Academy works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Check out our Privacy Policy for more details.

 

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.

 

In some cases, we may issue credits to your account. These credits will be automatically applied towards your next course purchase on our website, but can’t be used for purchases in our mobile or TV applications. Credits may expire if not used within the specified period, and have no cash value.

 

3.3 Refunds and Credits

Before purchasing a course you are able to review a sample video, read the subjects and abstract of the course, and where available read/watch other users’ reviews. Please use this information before you make a decision. We reserve the right to apply a credit or a refund, at our discretion, depending on the capabilities of our payment processing partners or the platform from which you purchased your course.

To request a credit/refund, contact our Support Team. Instructors agree that students have the right to receive these credits or refunds.

At our discretion, if we believe you are abusing our credit/refund policy, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms, you will not be eligible to receive any credit or refund.

 

4. CONTENT AND BEHAVIOR RULES

You can only use TCM Academy for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses and other content you upload in line with the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.

 

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

 

If you are a student, the Services may enable you to ask questions to the instructors of courses you are enrolled in, and to post reviews of courses. For certain courses, the instructor may invites you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.

 

If you are an instructor, you are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions before you submit any course for publication on TCM Academy.

 

If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. TCM Academy complies with copyright laws.

 

TCM Academy has discretion in enforcing these Terms.

 

We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.

 

If one of our instructors has published a course that infringes your copyright or trademark rights, please let us know.

 

 

5. TCM ACADEMY’S RIGHTS TO CONTENT YOU POST

You retain ownership of content you post to our platform, including your courses. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites.

The content you post as a student or instructor (including courses) remains yours. By posting courses and other content, you allow TCM Academy to reuse and share it but you do not lose any ownership rights you may have over your content.

When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize TCM Academy to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with TCM Academy for the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

 

6. USING TCM ACADEMY AT YOUR OWN RISK

Anyone can use TCM Academy to create and publish courses and instructors and we enable instructors and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use TCM Academy at your own risk.

By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. TCM Academy has no responsibility to keep such content from you and no liability for your access or enrollment in any course, to the extent permissible under applicable law. This also applies to any courses relating to health, wellness and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after your enrollment in a course.

When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. We do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.

We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.

When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

 

7. TCM ACADEMY’S RIGHTS

We own the TCM Academy platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.

All right, title, and interest in and to the TCM Academy platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by instructors and students) are and will remain the exclusive property of TCM Academy and its licensors. Our platforms and services are protected by copyright, trademark, and other laws. Nothing gives you a right to use the TCM Academy name or any of the TCM Academy trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding TCM Academy or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

You may not do any of the following while accessing or using the TCM Academy platform and Services:

• access, tamper with, or use non-public areas of the platform, TCM Academy’s computer systems, or the technical delivery systems of TCM Academy’s service providers.
• disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
• copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the TCM Academy platform or Services.
• access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website. You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
• in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as TCM Academy); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

8. MISCELLANEOUS LEGAL TERMS

These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.

 

8.1 Binding Agreement

You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with TCM Academy. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

 

If you are an instructor or Student accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

 

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.

 

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

 

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

 

The following sections shall survive the expiration or termination of these Terms: Sections 2 (Course Enrollment and Lifetime Access), 5 (TCM Academy’s Rights to Content You Post), 6 (Using TCM Academy at Your Own Risk), 7 (TCM Academy’s Rights), 8 (Miscellaneous Legal Terms), and 9 (Dispute Resolution).

 

8.2 Disclaimers

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

 

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will TCM Academy or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

 

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

 

8.3 Limitation of Liability

There are risks inherent into using our Services, for example, if you enroll in a health and wellness course and you injure someone else or yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

 

8.4 Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless TCM Academy, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

 

8.5 Governing Law and Jurisdiction

These Terms are governed by the laws of Israel without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive jurisdiction and venue of court in Israel.

 

8.6 Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to notices@tcm.ac).

 

8.7 Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

 

8.8 No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

 

9. Course-Specific Legal Disclaimers

9.1 NCCAOM PDA Course Participant Attestation for Diplomates

This section applies specifically to members (diplomates) of the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) who register for our NCCAOM-accredited courses.

Disclaimer for NCCAOM-Accredited Courses (Applicable Only to NCCAOM Diplomates):

 

I understand that the information in this course presented by the Provider and/or
Instructor(s) is for educational purposes only and should only be applied with
appropriate clinical judgment and used by a trained and licensed
practitioner. Governmental laws and regulations vary from region to region and the
contents of this course vary in permissible usage. The participant is required to check
their local, state, and federal laws and regulations regarding the practice requirements
and scope of practice issues and the use of the information of this course including, but
not limited to, theory, herbal medicine, and acupuncture. I acknowledge that
NCCAOM does not endorse any specific treatment regimens of any kind. Furthermore,
if I use any modalities or treatments taught in this course, I agree to waive, release,
indemnify, discharge, and covenant not to sue NCCAOM from and against any liability,
claims, demands, or causes of action whatsoever, arising out of any injury, loss, or
damage that a person may sustain related to the use of the information in this course. I
understand that this Release is governed by the laws of District of Columbia, U.S.A. and
shall survive the termination or expiration of this course.

By registering for any of those courses course, I agree to abide by the NCCAOM PDA Course Participant Attestation, as outlined above. 

 

 

 

10. UPDATING THESE TERMS

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and TCM Academy reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

 

11. HOW TO CONTACT US

The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.