Privacy, Membership and Terms of Use Agreement

Welcome to The eLearning Guild membership service (hereafter the "Service"). Please read this Privacy, Membership and Terms of Use Agreement (hereafter this "Agreement") carefully before using the Service. By using the Service, you accept and agree to the terms of this Agreement. If you do not agree to these terms, you are not authorized to use the Service. The eLearning Guild reserves the right to change the terms of this Agreement from time to time, and it is the responsibility of each User (as defined below) of the Service to review this Agreement periodically to make sure that such User is current on the terms of this Agreement.

1. General

1.1 The Service is owned and operated by Focuszone Media, Inc. d/b/a The eLearning Guild, 120 Stony Point Rd., Suite 125, Santa Rosa, CA 95401. The Service offers Users access to information, resources, interpersonal networking services and other content assets owned and/or licensed by The eLearning Guild primarily through The eLearning Guild's website (the "website") which is an integral part of the Service.

1.2 Any visitor to the website and any Member (as defined below) in any category is referred to hereafter as a "User". A User must be 18 years or older to become a Member and establish a Member Profile. "Member Profile" means the account registered to a User pursuant to the registration procedures for the Service upon such User becoming a Member of the Service. A User who becomes a Member of the Service and establishes a Member Profile through the registration process is referred to herein as a "Registered User" or a "Member". The terms of this Agreement apply to all Users, whether or not such User is a Member. The Member for any Member account is liable for all activities conducted through that account.

2. Personal Information

2.1 When a User registers to be a Member of The eLearning Guild the User must provide contact information and general information about the User and the User's organization. The User will also be able to create a Username and Password and to provide other optional information. This information is maintained in a Member Profile which the Member controls. Information collected in a Member Profile is used to better understand the Member's use of the Service and to support related transactions made on the website. Each Member will automatically be placed on a list to receive The eLearning Insider e-mail newsletter that is sent to all Members. If a Member wishes to stop receiving The eLearning Insider, the Member may opt-out at any time by following instructions on the bottom of The eLearning Insider e-mail or by adjusting the contact preferences in the Member’s Member Profile. The eLearning Guild may also use Member Profile information to occasionally notify Members about important functionality changes to the website, offerings and services from The eLearning Guild, and special offers from sponsors. If a Member wishes to stop receiving these communications, the Member may opt-out at any time by following instructions on the bottom of each e-mail or by adjusting the contact preferences in the Member’s Member Profile.

2.2 A membership has a term of one year. At the end of each membership year, the Member will be notified of such fact and the Member shall then: (i) renew the membership; (ii) change from one membership category to another; or (iii) cancel the membership.

3. Personal Information to Other Parties

3.1 The eLearning Guild does not sell e-mail addresses or other general information that Members provide in the registration process to other parties. The eLearning Guild, however, may facilitate the distribution of third party offers to a Member's postal address and/or e-mail address until the Member specifically opts-out of those third party communications. To facilitate these third party distributions, The eLearning Guild may authorize a secure and bonded service bureau to process data to support any such third party communication on behalf of The eLearning Guild. If a Member wishes to stop receiving third party communications, the Member may opt-out at any time by following instructions on the bottom of each e-mail or by adjusting the contact preferences in the Member’s Member Profile. The eLearning Guild may also use e-mail addresses and other personally identifiable information to communicate with Members who initiate communications with The eLearning Guild.

3.2 The eLearning Guild may disclose your personally identifiable information if it believes in good faith that it is required to do so in order to comply with applicable law, a subpoena or other legal process. The eLearning Guild may also disclose this information if it has reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating this Agreement or to protect the safety of Users and the public.

4. Non-transferability of Membership

The eLearning Guild grants to each Member a personal, revocable, nonexclusive, non-assignable, and nontransferable license to use and display the information offered by the Service on any machine(s) of which the Member is the primary user. Each Member acknowledges by becoming a Member that the Member may not sub-license, transfer, sell, or assign this license or the Service without written authorization from The eLearning Guild. Any attempt to sub-license, transfer, sell, loan, or assign the license is void and of no effect and may result in the immediate termination of the Member's membership.

5. Intellectual Property Rights - No Duplication or Redistribution

The Service provides certain services and benefits for Registered Users and derives its revenue from the production and distribution of those services and benefits for the exclusive use of Registered Users. Members acknowledge that the duplication and/or redistribution of content, information, data, or other intellectual property gained through access to the Service to any other party is a violation of applicable copyright laws and causes harm to The eLearning Guild and the Service. Each Member by becoming a Member agrees that duplication and/or redistribution of any materials to any non-Member shall in each instance require prior written authorization from an authorized agent of The eLearning Guild. Each Member further agrees that any specific instance in which written authorization is granted by The eLearning Guild, does not authorize the Member to duplicate and/or redistribute any other material than that for which written authorization was granted.

6. Security

As part of the registration process each Registered User will select a Username and Password. Each Member shall provide The eLearning Guild with accurate, complete, and regularly updated Member Profile information. Each Member agrees to notify The eLearning Guild by e-mail at service@elearningguild.com of any known or suspected unauthorized use(s) of the Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of the Member's Username and/or Password. Each Member is responsible for maintaining the confidentiality of the Member's Password. Any fraudulent, abusive, or other illegal activity will result in the termination of the Member's account and membership privileges, at The eLearning Guild's sole discretion, and the Member may be reported to appropriate law-enforcement agencies.

7. Personal Information Security

The eLearning Guild implements a variety of standard web security measures to maintain the safety and security of Members' personal information. A non-Member User may use the site anonymously as a visitor, but any personal information provided to become a Registered User will be protected by secured networks and is only accessible by a limited number of employees who have special access rights to such systems. It is recommend that, if a Member shares a computer or uses a computer that is accessed by the general public (i.e., a university or library, etc.), the Member should close the browser window when finished with a session. This will help to ensure that others cannot access a Member's personal information.

8. Cookies

Cookies are bits of electronic information that a website can transfer to a User's hard drive to help tailor and keep records of his or her visit to the site. Cookies allow website operators to better customize site visits to the visitor's individual preferences. The use of cookies is standard on the Internet and most major websites use them. Although most web browsers automatically accept cookies, a browser can usually be changed to prevent or provide notification whenever a cookie is sent. This gives the visitor the opportunity to decide whether or not to accept it. The Service will attempt to install a cookie to a User's browser that will enable it to recognize the User whenever the User returns to the site. This action expedites a User's access to various benefits and materials on the website. If a Member chooses not to allow the Service's cookie to be installed to the Member's browser, please be aware that the Member may have difficulty accessing some content assets.

9. Termination of Membership

Associate Memberships are for an indefinite term and are effective until terminated by the Member or The eLearning Guild. Paid memberships are effective for a term of one year. At the end of the one year term, the membership is renewed or canceled (see Section 2.2) or downgraded to Associate level. Although it is assumed that all Memberships will remain active for one year, a Member may terminate his or her Membership and the right to use the Service at any time by sending a letter on company letterhead, stating your reasons for terminating, to The eLearning Guild. The eLearning Guild may terminate a Member's Account or access rights to the Service immediately without notice, if in The eLearning Guild's sole discretion, the Member fails to comply with any term or provision of this Agreement. Upon termination of a Member's Membership, the Member must destroy all materials obtained from the Service and all copies thereof. The eLearning Guild may terminate the Service, or any element of the Service, at any time without notice. Refunds will not be issued for canceled or terminated memberships.

10. Visitor & User Conduct

10.1 The Job Board and any other information posting areas on the website are to be used for lawful purposes only. No material shall be posted or transmitted by any User which violates or infringes the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any law. No conduct shall be undertaken on the Service or the website that, in the sole judgment of The eLearning Guild, restricts or inhibits any other User from using or enjoying the Service. Advertising or explicit commercial solicitations may NOT be posted on or transmitted through the Service without the express prior written approval of The eLearning Guild.

10.2 No material protected by copyright, trademark or other intellectual property rights shall be uploaded, posted or otherwise made available on the Service without the express written permission of the owner of the copyright, trademark or other intellectual property right. A Member shall be liable for any damages resulting from any infringement of copyrights, intellectual property rights, or any other harm resulting from any such uploading, posting or submission. If a Member posts materials to the Service, such Member hereby grants to The eLearning Guild and the Service a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such posted material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed.

10.3 A Member shall not: (i) select or use a User name or e-mail address of another person with the intent to impersonate that person; (ii) use a User name or e-mail address subject to the rights of any person without authorization; (iii) use a User name in violation of the intellectual property rights of any person; or (iv) use a User name that The eLearning Guild, in its sole discretion, deems offensive. The foregoing provisions of this section are for the benefit of The eLearning Guild and the benefit of The eLearning Guild's affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf.

11. Guild Research

If a Member accesses the Guild Research section of the Service, either to provide information to the Service or to retrieve and review research information from the Service, such Member agrees as follows:

  • The Member will not supply false or defamatory information.
  • The Member will report to The eLearning Guild any false or defamatory information of which the Member becomes aware.
  • Because all of the information on the Guild Research section of the Service is provided by Members, The eLearning Guild is not responsible for any false or defamatory material reported or placed on the Service by Members.
  • The eLearning Guild is not be liable for any loss, damage, action, causes of action, expense, cost, or liability, including attorney fees, made or incurred as a result of any false, misleading or defamatory material or information in the Guild Research section of the Service.
  • The Member acknowledges that the ratings, information and opinions expressed in the Guild Research section of the Service are those of the Members supplying the ratings, information, and opinions and not those of The eLearning Guild, or its officers, employees, shareholders or directors.
  • The Member acknowledges that it is important for User to independently investigate all ratings, information and opinions expressed on the Guild Research section of the Service.

12. Third Party Links

In an attempt to provide increased value to Members, The eLearning Guild may provide various third party website links from the website. However, even if the third party is affiliated with The eLearning Guild, The eLearning Guild has no control over these linked sites each of which may have separate privacy and data collection practices, and all of which are independent of The eLearning Guild. Neither The eLearning Guild nor any of its affiliates and contractors, have any responsibility or liability for these independent policies or actions and are not responsible for the privacy practices or the content of such websites. These linked sites are including on the website for Members' convenience only and each Member therefore accesses them at such Member's own risk. Nonetheless, The eLearning Guild seeks to protect the integrity of the website and the links placed upon it and therefore requests feedback on not only the website, but for sites it links to as well (including if a specific link does not work).

13. Third Party Content

The Service is a distributor of content supplied by third parties and Members. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, Members, or any other User, are those of the respective author(s) or distributor(s) and not of The eLearning Guild.

14. Chain Letter and Pyramid Schemes

Transmitting chain letters or pyramid schemes of any kind is strictly prohibited on the Service's mail and message systems and is considered a nuisance. In addition, certain chain letters and pyramid schemes are illegal under state and federal law. Letters or messages that offer a product or service based on the structure of a chain letter are also of questionable legality. At a minimum, they are a waste of the Service's resources and are not permitted.

15. Solicitation and Advertising

A Member may not use the Service to send unsolicited advertising, promotional material, or other solicitations to Users except in specific areas of the website designated for such purposes such as the Supplier Directory.

16. Infringement

A Member is prohibited by this Agreement and by federal and state law from engaging in acts of copyright, trademark, patent, trade secret or other intellectual property or proprietary infringement.

17. Adult Material

The eLearning Guild prohibits the transfer or posting on the Service of nudity, pornographic or adult material, sexually explicit images or descriptions involving sexual behavior, or other content deemed offensive by The eLearning Guild according to community standards and state/provincial and federal law.

18. Disclaimer of Warranty; Limitation of Liability

18.1 Each User expressly agrees that use of the Service is at his or her sole risk. The eLearning Guild does not warrant that the Service or the website will be uninterrupted or error free; nor is there any warranty as to the results that may be obtained from the use of the Service or the website or as to the accuracy, reliability or content of any information provided through the Service or the website. The disclaimer of liability contained in this section applies to any and all damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records or any other material, whether for breach of contract, negligence, or under any other cause of action. Each User specifically acknowledges that The eLearning Guild is not liable for the defamatory, offensive, wrongful, or illegal conduct of third parties, or other Users of the Service and that the risk of damage or injury from the foregoing rests entirely with each User. In no event will The eLearning Guild or any person or entity involved in creating, producing or distributing the Service be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Service or the website.

18.2 Each User hereby acknowledges that the provisions of this Section 18 shall apply to all content on the Service. The eLearning Guild neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement on the Service, nor for any offensive, defamatory or obscene posting made on the Service by anyone other than employees of The eLearning Guild while acting in their official capacities. Under no circumstances will The eLearning Guild be liable for any loss or damage caused by reliance on information obtained through postings on the Service.

18.3 The eLearning Guild does not endorse, warrant or guarantee any product or service offered by a third party through the Service and is not a party to and does not in any way monitor any transaction between Users and third party providers of products or service. As with the purchase of a product or services through any medium or in any environment, each User should use his or her best judgment and exercise caution where appropriate. Each User specifically acknowledges that in no event will The eLearning Guild, its affiliates, or any of their respective employees or agents be liable for any direct, indirect, incidental, special or consequential damages arising out of: (i) the use by such User of any browser owned or operated by any party; and/or (ii) the downloading of any software owned or operated by any third party.

19. Monitoring

The eLearning Guild shall have the right, but not the obligation, to monitor the content of the Service to determine compliance with this Agreement and any other operating rules established by The eLearning Guild. The eLearning Guild shall have the right, in its sole discretion, to edit, refuse to post, or remove any material submitted to or posted on the Service. Without limiting the foregoing, The eLearning Guild shall have the right to remove any material that The eLearning Guild, in its sole discretion, finds to be in violation of the provisions hereof, otherwise objectionable or stale. Notwithstanding this right, Users shall remain solely responsible for the content of their messages posted on the Service. Each User acknowledges and agrees that neither The eLearning Guild nor any third party content provider shall assume or have any liability for any action or inaction by The eLearning Guild or any third party content provider with respect to any conduct, communication or posting on the Service.

20. Policy Changes

By using the Service each User consents to the collection and use, as described herein, of information by The eLearning Guild and its affiliates. If The eLearning Guild determines to change any of the terms of this Agreement, the changes will be posted on this page so that each User is always aware of how the information collected is used, and under what circumstances it is disclosed.

21. Feedback

The eLearning Guild welcomes User's questions, comments, and concerns about the Service, and this Agreement. If Users have questions or need more information, please e-mail service@elearningguild.com

This Document Last Updated on: 10/10/2012.

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