This document sets out the terms for use of the Learn by Verac Interactive learning management system (LMS) platform. It governs both our Course & Content Creators and Instructors (“Instructors” or “Creators”) and our end users (“Students”), collectively (“You” or “Users”). Verac Interactive is committed to transparency, which includes providing a Terms of Use that is understandable and written in plain language. Because this document represents our agreement with You about Your use of our platform, please take the time to read this document.
Our Terms of Use (“Terms” or “Agreement”) also includes our Privacy Policy, Cookies Policy, Data Processing Agreement, and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to the Verac Interactive platform, whether You are a visitor, guest, Instructor, Creator, Student, etc.
Verac Interactive’s LMS Platform, Learn by Verac Interactive can be found at learn.veracinteractive.com and and also includes all of the subdomains, mobile applications, any other media, location, application, etc. owned, managed, operated, etc. by Verac Interactive. When referring to the infrastructure in this Agreement, we will be collectively referring to them as the “Platform”.
I. Introduction
Verac Interactive, LLC. (“Verac Interactive”) provides an open online content creation platform, Learn by Verac Interactive, designed to allow Instructors to build, design, publish, and sell courses and services (“Content”) to their Students. Verac Interactive offers this Content creation platform along with a number of additional services and tools (e.g. payment gateways, author and affiliate payouts) and the entire selection of tools and services offered via the Platform will be referred to in this Agreement as “Learn by Verac Interactive Services”.
By using our Platform in any manner You are expressly agreeing to, and give Your consent to be governed by, these Terms. If You do not agree with these Terms or You do not wish to be bound by these Terms, You must not use or access Learn by Verac Interactive’s Platform in any manner.
Learn by Verac Interactive is not an educational institution, although it may contribute content to the platform. Instructors and Students are not employees of Verac Interactive. Verac Interactive is not responsible for interactions between Instructors and Students, with the exception of providing the technological means through which Instructors may broadcast and otherwise make their Content available and, at each Instructor’s election, for processing payments through Verac Interactive’s payment gateway(s). Verac Interactive is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Instructor/Student relationship, including but not limited to, any Student’s reliance upon any information provided by an Instructor or Instructor Content at any time.
As stated in our Privacy Policy, Verac Interactive only provides Instructors with limited information about the Students enrolled in their Content, including name, email address, IP address, and the Content in which the Student has enrolled. This information is only available to the Creator upon the purchase or enrollment of a Student in the Instructor’s Content. Verac Interactive does not provide, sell, rent, release, disclose, or otherwise transfer Student data to Instructors for monetary or other valuable consideration.
Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Creator on the Platform.
II. Terms Applicable to All Users of the Verac Interactive Platform
A. Age of Access
You must be at least 18 years old to use the Platform. By using our Platform, You are telling us by your actions that You have obtained that permission (You are ‘representing’ and ‘warranting’ that You have obtained the appropriate permissions to use our Platform). IF YOU ARE UNDER THE AGE OF 13 YOU MAY NOT USE OUR PLATFORM IN ANY MANNER NOR MAY YOU REGISTER FOR AN ACCOUNT.
B. License to Instructors & Students
Verac Interactive grants You a limited, non-exclusive license to access and use Learn by Verac Interactive’s Platform for Your own personal and commercial purposes. This license is only for Your use and may not be assigned or sublicensed to anyone else, without Verac Interactive’s express written consent. Except as expressly permitted by Verac Interactive in writing, You will not try to reproduce Verac Interactive’s Platform (legally that’s known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Platform). You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm the Platform. All rights not expressly granted by Verac Interactive are reserved.
C. Code of Conduct
We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it’s better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves on our Platform.
1. No Illegal Activity: This is about as simple as it gets. Do not use the Learn by Verac Interactive Platform for any illegal activity. Period. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
2. No Fraud: Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity.
3. No Bad Code: Do not use the Learn by Verac Interactive Platform to transmit, distribute, send, or otherwise expose the Platform or its Users to viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner.
4. No Spamming: You may not use the Learn by Verac Interactive Platform to engage in any activities that will result in sending spam to anyone on the Learn by Verac Interactive Platform, including Verac Interactive (and its employees), Instructors, and Students.
5. Be Civil: If you decide to use the Learn by Verac Interactive Platform please be civil and respectful at all times.
6. No Exploitation: You will not use the Learn by Verac Interactive Platform to try to gather personal information on anyone outside of the limited permissible uses for offering or accessing Content.
7. No Impersonation: You will not impersonate anyone on the Learn by Verac Interactive Platform, including Verac Interactive (and its employees and contractors), Instructors, and Students.
8. No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods.
9. No Use Other Than Intended: You may not use the Platform or any Content contained on the Platform for any purposes other than intended.
10. No Prohibited Content: You may not use the Platform if Your Content contains material that is libelous, slanderous, pornographic, obscene, unlawful, threatening, hateful, violent, predatory, defamatory, or otherwise objectionable, all of which shall be determined in Our sole discretion.
If You violate this Code of Conduct, we reserve the right to remove You and any of Your Content from the Learn by Verac Interactive Platform. Whether conduct violates our Code of Conduct will be determined in Verac Interactive’s sole discretion.
III. Terms Applicable to Instructors and Creators
A. Coaching
Verac Interactive may provide the opportunity for Instructors to sell coaching offerings (“Coaching”) to Students in addition to the courses that the Creator sells on the Platform (together Coaching and courses are referred to as Content). All Coaching offerings shall be covered by this Agreement and are included in the definition of Content. Should the Coaching involve any third party content, You agree that Verac Interactive is not responsible in any way for such content, and makes no representations or guarantees as to its merchantability or fitness of use. The delivery of the Coaching is the sole responsibility of the Instructor.
B. Intellectual Property and Data Processing
In operating our Platform, it’s important for us to make it clear who owns what and who’s responsible for what. You are trusting us with Your content and consistent with Verac Interactive’s genuine belief in transparency we want to make it simple for You to know exactly what You are getting into when You join the Learn by Verac Interactive community.
1) Verac Interactive Content: Content that Verac Interactive uploads to the Platform, Verac Interactive intellectual property and proprietary information, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as “Verac Interactive Content”, and is and remains the sole property of Verac Interactive. Verac Interactive Content, including our trademarks, may not be modified by You in any way.
2) Your Content: Content that You upload to the Platform is and remains Your content. Verac Interactive does not claim any intellectual property rights over the materials You upload to the Learn by Verac Interactive Platform by virtue of Your use of Learn by Verac Interactive Services. By uploading Your content to the Learn by Verac Interactive Platform, You agree that:
a) Verac Interactive may review Your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Verac Interactive has no obligation to review anything that You upload.
b) You are uploading Your content to the Learn by Verac Interactive Platform at Your direction and Verac Interactive does not in any way certify or provide approval or permission prior to You uploading Your content.
c) Verac Interactive may display Your content to other users (e.g. Your Students) via the Learn by Verac Interactive Platform.
d) You agree that by uploading Your content to Our Platform, You are allowing Us to store Your Content.
e) You agree to provide Verac Interactive with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use (e.g, to display or transmit) Your Content in furtherance of the Learn by Verac Interactive Services (In other words, because You own Your Content, You have to give Us permission to display it, or to use it for internal operational purposes, like storing it on Our servers).
f) You are responsible for and own, or have the rights to use, all of Your Content.
3) Content Free of Infringement of Any Third Party Rights
a) You agree that Your Content does not infringe upon anyone else’s intellectual property rights and that You have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.
b) If You’re using someone else’s work (including videos, text, charts, powerpoints, etc.) in Your Content, You’ve gotten the content owner’s permission to use it. If You are going to use something that You didn’t create, make sure You can demonstrate that You have the right to use it before You make it a part of Your Content.
4) Processing of Personal Information by Instructors
a) Instructors are responsible for protecting all personal information they provide to, or receive from, Verac Interactive in connection with the use of Learn by Verac Interactive Services. Verac Interactive’s Data Processing Agreement (“DPA”) forms part of this Agreement and sets out Learn by Verac Interactive’s and Instructor’s obligations with respect to the processing of personal information. Instructors agree to abide by the DPA when and to the extent Data Protection Laws apply to a Instructor’s use of Learn by Verac Interactive Services to process Student Data or Creator Data (as these terms are defined in the DPA).
b) Instructors are considered controllers or “owners” of the personal information they collect from and about Students. In addition to agreeing to the terms of the DPA, Instructors are also responsible for providing an appropriate privacy notice to their Students, respecting their Students’ privacy rights in accordance with applicable law, and providing access to or deleting Students’ personal information if they request and as required by applicable law.
IV. Verac Interactive’s General Rights In Operating Its Platform
A. Verac Interactive Reserves the Following Rights Over the Entire Learn by Verac Interactive Platform:
1. Verac Interactive may modify, terminate, or refuse to provide Learn by Verac Interactive Services at any time for any reason, without notice.
2. Verac Interactive may remove anyone from the Learn by Verac Interactive Platform at any time for any reason, solely in Verac Interactive’s discretion. This right is not modified by any other section of this Agreement.
3. Verac Interactive reserves the right to access Your account and Content in order to respond to requests for technical support, to maintain the safety and security of the Learn by Verac Interactive Platform, and for other legitimate business purposes, as necessary, in Verac Interactive’s discretion.
4. Verac Interactive may, but has no obligation to, monitor any content that appears on the Verac Interactive Platform or review any conduct occurring through the Platform, including any interactions between Instructors and Students and Verac Interactive employees or contractors.
5. Verac Interactive reserves the right to modify, suspend, or alter its refund policy, at its sole discretion.
6. If You close or terminate Your account, Verac Interactive may keep a copy of Your content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.
7. Verac Interactive reserves the right to remove You and Your Content without warning if You violate any of the provisions of this Agreement.
8. Verac Interactive has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time.
V. Verac Interactive’s Copyright, DMCA, Trademark, and Takedown Policy
Verac Interactive takes a firm stance against anyone who is infringing upon anyone else’s intellectual property. This Platform is all about You transforming Your knowledge into Content. We draw a hard line when the Learn by Verac Interactive Platform is used to exploit someone else’s intellectual property.
A. Copyright Violations and the DMCA
If Verac Interactive has a good faith belief that any content (including Creator Content) appearing on its Platform violates any copyrights or has been illegally copyrighted, Verac Interactive reserves the right to remove, block, or otherwise ‘take down’ the content. Verac Interactive also reserves the right to remove from the Platform any Instructors, Students, or other parties, who are repeat offenders of the Verac Interactive repeat offender policy.
1) Reporting Copyright Infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”):
a) Verac Interactive provides an online form for submitting copyright infringement notices under the DMCA. If you believe that content on the Verac Interactive Platform is infringing on your copyrights, please complete Verac Interactive’s copyright infringement notice form to forward your notice to Verac Interactive’s designated agent for review. (For trademark infringement claims, refer to Section V(B) below).
b) If your submission contains all of the information required by the form and complies with the DMCA, Verac Interactive will expeditiously remove or disable access to the content alleged to be infringing.
c) Please note that when Verac Interactive removes content in response to a DMCA notice, Verac Interactive will attempt to contact the party who posted the content You report as infringing and provide information about the notice and removal, including information about how to submit a counter notice. Verac Interactive may also send a copy of any notices received to the affected party.
2) DMCA Counter Notice Procedure
a) If Your content is removed due to the receipt of a DMCA notice and you believe that your content was wrongly removed, you may send Verac Interactive what is known as a Counter Notice.
b) Your Counter Notice must contain:
1) A physical or electronic signature
(2) Identification of what was removed and the location where the material appeared before it was removed
(3) A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification
(4) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district of New York and that you will accept service of process from the person who provided notification
c) Your Counter Notice must be sent to Verac Interactive’s designated agent at info@verac interactive.com. Include DMCA in the subject line of your email.
d) Please note that a copy of any Counter Notice received will be sent to the party who reported the content as infringing.
3) Repeat Infringement Policy
a) As we stated above, Verac Interactive really doesn’t look favorably on anyone who is using someone else’s intellectual property without permission. Should Verac Interactive receive two or more DMCA complaints regarding any Creator, Verac Interactive may simply remove that Creator from the Verac Interactive Platform without further warning. Note: as we state in our Verac Interactive Rights section, we still reserve the right to remove any school at any time for any reason. This Repeat Infringement section does not change that right in any way.
B. Trademark Violations
Verac Interactive reserves the right to remove access to content that it knows, or has reason to know, violates the rights of trademark owners. Please note that Verac Interactive will send a copy of any trademark infringement claim received to the user who posted the content you report as infringing.
1) Reporting Trademark Infringement
a) Verac Interactive provides trademark owners an online form for submitting information to enable Verac Interactive to evaluate trademark infringement claims. If you believe that a user of the Verac Interactive Platform is infringing your registered trademark, please complete Verac Interactive’s trademark complaint form to forward your claim to Verac Interactive’s team for review. (For copyright infringement claims, refer to Section V(A) above).
b) If your submission contains all of the information required by the form and demonstrates that a user of the Verac Interactive Platform is infringing your registered trademark by using your trademark in connection with the goods or services covered by your registration, Verac Interactive will take appropriate action, which may include removing access to the infringing content and/or terminating the user.
c) Do note Verac Interactive is not a court of law and there may be times that we cannot take action based on the information that you submit in our online form. In such cases, we may refuse to take action, and if warranted, you may resubmit the online form with additional information and materials requested by the form that were not previously submitted.
2) Counter Notice Procedure
a) If Your content is removed due to the receipt of a Trademark notice, you may send Verac Interactive a counter notice if you believe that your content was wrongly removed.
b) If Verac Interactive receives a counter notice that denies the infringement claim and asserts that it has a good faith basis for doing so, Verac Interactive may choose not to remove the allegedly infringing content but will put you in contact with the user so that you and the user can address the matter directly.
VI. Third Party Communications
By using Verac Interactive’s Platform, You may receive communications from third parties (e.g. a Creator/Instructor may communicate with a Student). Verac Interactive is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. Verac Interactive assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.
VII. Third Party Offerings
Through the Learn by Verac Interactive Platform, You will have the ability to access content, links to websites, and services provided by Instructors, Students, and other third parties (“Third Party Offerings”). Your use of any Third Party Offerings provided on this Platform or a third party website is at Your own risk. Verac Interactive does not monitor or have any control over, and makes no claim or representation regarding Third Party Offerings and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third Party Offerings. You should review applicable terms and policies, including privacy and data gathering practices, of any third party, and should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any third party.
VII. Payments
A. Payment Collection
1) Appointment of Learn LMS by Verac Interactive as a Limited Payment Collection Agent for Learn LMS by Verac Interactive Native Gateways: Each Creator collecting payment for services provided on the Verac Interactive platform via Verac Interactive Native Gateways hereby appoints Verac Interactive as the Instructor’s payment collection agent solely for the limited purpose of accepting funds from Students purchasing such services.
a) Each Creator agrees that payment made by a Student through the Learn LMS by Verac Interactive Payment Gateways shall be considered the same as a payment made directly to the Creator, and the Creator will provide the purchased services to the Student in the agreed manner as if the Creator has received the payment directly from the Student. Each Creator agrees that Learn LMS by Verac Interactive may refund the Student in accordance with the Terms. Each Creator understands that Learn LMS by Verac Interactive’s obligation to pay the Creator is subject to and conditional upon successful receipt of the associated payments from Students. Learn LMS by Verac Interactive guarantees payments to Instructors only for such amounts that have been successfully received by Verac Interactive from Students in accordance with these Terms. In accepting appointment as the limited payment collection agent of the Creator, Learn LMS by Verac Interactive assumes no liability for any acts or omissions of the Creator.
b) Each Student acknowledges and agrees that Learn LMS by Verac Interactive acts as the Instructor’s payment collection agent for the limited purpose of accepting payments from you on behalf of the Creator. Upon payment of the funds to Learn LMS by Verac Interactive, the Student’s payment obligation to the Creator for the agreed amount is extinguished, and Learn LMS by Verac Interactive is responsible for remitting the funds to the Creator in the manner described in these Terms, which constitute Verac Interactive’s agreement with the Student. In the event that Learn LMS by Verac Interactive does not remit any such amounts once successfully received from the Student, the Creator will have recourse only against Verac Interactive and not the Student directly.
2) Learn LMS by Verac Interactive Payments: The Verac Interactive Payments gateway allows Instructors to process credit or debit card transactions and facilitates faster payout processes
a) Third Party Agreement: In setting up Your Learn by Verac Interactive profile, You will need to enter the email associated to your PayPal account in which you would like to have payouts sent. As a user of PayPal, you may be instructed to agree to terms of service offered by PayPal. PayPal is an independent party from Learn LMS by Verac Interactive and Learn LMS by Verac Interactive is not responsible for the contents of their terms of service. Should Stripe’s terms of service differ from Learn LMS by Verac Interactive’s terms, such differences shall not modify this Agreement in any manner.
b) By using Learn LMS by Verac Interactive Payment Platform You agree that Learn LMS by Verac Interactive may place a hold on a portion of Your sales for a period of time to cover losses, chargebacks, refunds, etc. The amount of reserves and the length of time in which they are held are subject to change at Learn LMS by Verac Interactive’s sole discretion. Should the reserve period or the amount withheld change, Learn LMS by Verac Interactive will make reasonable efforts to communicate these changes.
Verac Interactive Payment gateway fees will be deducted before the funds are sent to the Creator. The fees associated with Verac Interactive Payments are subject to change, in Verac Interactive’s sole discretion. By using LMS by Verac Interactive, You agree to the fees as set by Learn LMS by Verac Interactive.
c) Funds paid out to Instructors via PayPal are paid on the first of the month (or first available business day) no earlier than thirty (30) days after the end of the month in which a sale was made. This hold period is to account for any potential losses, chargebacks, refunds, etc. For the avoidance of doubt, this hold may result in funds being paid out more than thirty (30) days after the sale to a Student. The length of time in which funds are held before payout is subject to change at Verac Interactive’s sole discretion. Should the hold period change, Verac Interactive will make reasonable efforts to communicate these changes via email.
B. Chargebacks
1. Instructors may be charged a fee for any chargeback on credit card, debit card, or PayPal transaction that is processed through the Learn by Verac Interactive Platform. This fee is deducted from Your account’s payout but is returned to You if You win the dispute. Fees are subject to change.
c. Taxes
Please note that this section does not apply to US sales tax.
When it comes to responsibilities for collecting, reporting and remitting taxes to respective tax authorities, a distinction should be made between:
(1) any fees paid by the Instructors to Learn LMS by Verac Interactive, and
(2) the Content sold by Instructors to Students through the Learn LMS by Verac Interactive platform.
1. Fees owed by Instructors
Where applicable, Learn LMS by Verac Interactive will collect from the Creator tax that may arise in connection with fees owed by Instructors to Learn LMS by Verac Interactive..
Instructors who believe that they should not be charged tax in connection to such fees must provide Verac Interactive with a valid tax/identification number, a valid tax ID/tax certificate or other documentary proof issued by an appropriate taxing authority confirming that Learn LMS by Verac Interactive should not charge tax to the Creator in accordance with the applicable tax laws. Please note that in some situations , tax laws may require the Creator to report and remit tax itself to its tax authority with regard to fees paid to Learn LMS by Verac Interactive (these situations are commonly referred to as ‘reverse charge’).
2. Content sold by Instructors to Students
2.1. Instructors
General Conditions EU and Non EU (Except U.S.)
Creator and Student expressly acknowledge that an agreement is formed directly between Creator and Student with regard to the Content sold by the Creator to the Student. Verac Interactive is not a party to that agreement nor sets any of the terms for the Content sold by the Creator to the Student.
The Creator is the supplier of the Content, Verac Interactive is not responsible for interactions between Instructors and Students and only provides technical means through which Instructors may make their Content available to Students.
As the Creator sells the Content directly to the Student under its agreement with the Student, the Creator will be solely and fully responsible to collect, report and remit the correct amount of tax (if any) to tax authorities for charges to the Students for Content. Verac Interactive recommends Instructors to consult a tax advisor to assist with determining the tax requirements relating to the sale of their Content.
Some countries provide for special tax laws making Verac Interactive instead of the Creator responsible for the tax obligations pertaining to Content sold by Instructors while using the Verac Interactive Native Gateways (Verac Interactive Payments and Monthly Payment Gateway). In this regard, please note that the tax laws of the countries where Students reside generally dictate whether such a special tax law applies making Verac Interactive instead of the Creator responsible for tax.
Therefore, in the event a Creator sells content to Students in multiple countries, different tax obligations may apply for the Creator, depending on the countries where the individual Students reside.
The Country-Specific Guidance contains an overview of jurisdictions where tax laws apply that shift the tax obligations for Content from the Creator to Verac Interactive in the Verac Interactive Native Gateways model due to a deemed (by way of legal fiction) resale of Content by Verac Interactive that applies for tax purposes only.
Verac Interactive determines the country where a Student resides for tax purposes on the basis of information the Student enters at checkout. Where needed, Verac Interactive makes such data available to the Creator to enable the Creator to determine the amount of tax on the sale of Content to a Student for which the Creator is responsible.
Invoicing for Content sold by Instructors to Students
In the event Verac Interactive is responsible for tax, Verac Interactive will issue a valid tax invoice to the Students where required under the applicable tax laws. In a case that a tax invoice is not required, Learn LMS by Verac Interactive issues a receipt.
Country-Specific Guidance
Please note that Verac Interactive is handling tax on the content sold to students only in specific situations, summarized below by country. In all other situations, the creator is solely responsible for tax on the content and should consult with their tax advisor.
IX. Pricing
Learn LMS by Verac Interactive is not responsible for setting the pricing on a Instructor’s Content. Prices for Creator Content are set by the Creator.
X. Account Ownership Disputes
In the unlikely event that there is a dispute over the ownership of an account, Learn LMS by Verac Interactive has the right to request additional information from You to determine ownership and settle the dispute. The information that We may request to assist in resolving ownership disputes includes, but is not limited to, the following:
• a copy of Your photo ID;
• Your business documents, including a Charter, Certificate of Incorporation, LLC Agreement, business license, or other documentation showing ownership of Your entity;
• Your billing information and details;
• Certified copies of your tax forms; and
• Other documentation as we deem necessary to settle the dispute
Should a dispute arise, Verac Interactive reserves the right determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law
XII. Fees
A. Learn LMS by Verac Interactive charges Instructors fees to access particular features of the Learn LMS by Verac Interactive Platform through paid subscription plans, while other features are offered free of charge through Verac Interactive’s free plan.
B. Pricing for the Verac Interactive Platform is described on our pricing page.
C. Depending on the payment processing method, Verac Interactive may charge transaction fees. You agree to pay all fees and charges that are made to Your account and that You are solely responsible for payment of these fees and charges.
D. Paid plans are automatically charged at the beginning of each billing period. Unless You submit a cancellation request to us in writing via email (support@Verac Interactive.com) or directly through Your account prior to the start of the billing period, Your plan will be charged upon the anniversary of its billing period. You agree that Verac Interactive may charge any recurring service to the credit card or debit card that You provide.
E. Should You not authorize payment or are otherwise not current on Your payments for Verac Interactive Services, Verac Interactive may restrict Your Platform access until Your account becomes current and paid in full.
F. Verac Interactive reserves the right to pursue fees owed using collection methods which may include charging other payment methods on file with Verac Interactive and/or retaining collection agencies or legal counsel.
G. Verac Interactive reserves the right to offer custom plans and pricing in addition to what is offered on the pricing page. Custom plans may also include custom billing and payment terms, including billing periods and renewals, that are different from our standard terms.
XIII. Refund Policy
We want You to be happy with Verac Interactive’s Platform. If You’re not feeling excited about joining the Verac Interactive community, we have some options for You regarding Your plan.
A. Instructors
1) Learn LMS by Verac Interactive doesn’t charge you a monthly fee. Instead, our fees are deducted as a small percentage of every sale, so we only make money when you do. We take 10% + 30¢ per transaction.
B. Students
1. Courses
a) In general, all Students purchasing courses that are a part of the Verac Interactive Native Gateways are entitled to a thirty (30) day refund from the date of purchase. Unless authorized by Verac Interactive in Verac Interactive’s sole discretion, no Creator on the Verac Interactive Native Gateways may offer to Students a refund policy for a period of less than thirty (30) days.
b) If a Creator has been allowed to offer a refund period that differs from Verac Interactive’s general policy, the Creator must provide notice to Students prior to the purchase of the course.
c) Verac Interactive reserves the right to refuse refunds to Students who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple schools or requesting refunds in consecutive months.
d) Regardless of any other section to the contrary in this Agreement, Verac Interactive does not establish, maintain, or control refunds or a refund policy for any Content that was processed through a Custom Payment Gateway, including courses.
2. Coaching
a) Instructors (regardless of whether they use Verac Interactive Payment Gateways or a Custom Payment Gateway) are solely responsible for setting the refund policy regarding the sale of Coaching offerings.
b) The Creator must provide notice to Students regarding their refund policy prior to the purchase of the Coaching offering.
c) Regardless of any other section to the contrary in this Agreement, Verac Interactive’s refund policy does not cover the provision of Coaching offerings provided by Instructors to Students.
3. Bundled Products
a) If a Creator sells a set of courses as a bundled package, the refund policy applicable for courses will apply, as provided in section XIII(B)(1).
b) If a Creator sells a set of courses and Coaching offerings as a bundled package, the refund policy applicable for Coaching offerings will apply, as provided in section XIII(B)(2).
c) If a Creator sells a set of coaching offerings as a bundled package, the refund policy applicable for Coaching will apply, as provided in section XIII(B)(2).
4. General Provisions
a) It is the Student’s responsibility to understand the refund policy for Content prior to purchasing such Content from a Creator.
b) Learn LMS by Verac Interactive reserves the right to provide a refund to any student at any time in Learn LMS by Verac Interactive’s sole discretion.
XIV. Cancellation and Deletion
A. Deletion
1. You may delete Your account at any time.
2.Any account may be deleted if it remains inactive (e.g., the user fails to log in) for a continuous period of at least six (6) months. Activity will be determined by Learn LMS by Verac Interactive in its sole discretion.
3.If Your account is deleted (regardless of the reason), Your Content may no longer be available. Learn LMS by Verac Interactive is not responsible for the loss of such content upon deletion.
4. Upon deletion of Your account (regardless of the reason), all licenses granted by Learn LMS by Verac Interactive will terminate.
C. Effect of Cancelation/Deletion
1. Should an account, course, Creator account, or Student account be canceled or deleted, the Creator or Student may no longer have access to Learn LMS Verac Interactive Content and Content may be irrecoverable. Learn LMS by Verac Interactive shall not be liable to any party in any way for the inability to access Content arising from any cancelation or deletion, including any claims of interference with business or contractual relations.
XV. Errors and Corrections
Learn LMS by Verac Interactive does not guarantee that the Platform or any services offered through the Platform will be error-free or otherwise reliable, nor does Learn LMS by Verac Interactive guarantee that defects will be corrected or that any offerings through the Platform will always be accessible. Learn LMS by Verac Interactive may make improvements and/or changes to the Platform and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur. Errors in Content are the responsibility of the Creator who owns the Content.
We reserve the right to amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform to Instructors and Students.
XVI. Limitations of Liability
In running the Platform, we require that You understand and agree that Verac Interactive is not liable for a number of things, including Your breach of this Agreement and losses that may result from Your use of the Platform. We also require that You understand and agree that the Platform is offered As Is and may not always be 100% perfect or reliable and that Learn LMS by Verac Interactive doesn’t warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Learn LMS by Verac Interactive will be limited to a portion of the fees You have paid us.
Our limitations of liability are as follows:
A. You agree that Learn LMS by Verac Interactive, including its employees, contractors, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the Learn LMS by Verac Interactive Platform.
B. You agree that Verac Interactive shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications.
C. Verac Interactive is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command.
D. Verac Interactive does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code.
E. The Learn LMS by Verac Interactive Platform is provided to You on an “As Is, As Available” basis. As such, You agree to have an external method of recovering any lost data that may be uploaded to the Verac Interactive Platform.
F. Verac Interactive disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title.
G. Verac Interactive shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform.
H. You agree that Verac Interactive shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of this Agreement. You agree to indemnify, defend, and hold harmless Verac Interactive, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of this Agreement, other Verac Interactive policies, and copyright and other intellectual property law)
I. You are solely responsible for ensuring that Your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to Your use of the Platform.
J. You may not assign Your rights under this Agreement without Verac Interactive’s prior written consent.
K. Should Verac Interactive’s limitation of liability not be applicable, Verac Interactive’s sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to Verac Interactive over the prior twelve (12) months directly preceding Your claim, unless otherwise required by law.
L. You agree that Verac Interactive shall not be liable for any content that appears on the Platform.
M. Except as set forth herein, nothing express or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity.
N. You agree that any cause of action or claim that You may have against Verac Interactive must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred.
XVII. Remedies for Violations
Verac Interactive reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to removing Instructors and Students from the Platform, the right to block access to the Platform from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities.
XVIII. Communications
Learn LMS by Verac Interactive may notify You of relevant information regarding the Platform and Learn LMS by Verac Interactive Services in any of the following ways: (a) by emailing You at the contact information You provide in Your account registration, (b) by posting a notice in dashboard areas of the Platform, and (c) by posting the notice elsewhere on the Platform in an area suitable to the notice. It is Your responsibility to periodically review the Platform for such notices. Subject to the Privacy Policy, if You send to Learn LMS by Verac Interactive or post on the Platform in any public area any testimonials, techniques, suggestions, workflows, or know-how (“User Submissions”), for any purpose, including the developing, manufacturing, and/or marketing or products or services incorporating such information, You acknowledge that Learn LMS by Verac Interactive can use such User Submissions without acknowledgement or compensation to You, and You waive any claim of ownership or compensation or other rights You may have in relation to your User Submissions. We actively review User Submissions for new ideas. If You wish to preserve any interest You might have in your User Submissions, You should not post them to the Platform or send them to us.
XIX. Governing Law and Jurisdiction; Disputes and Arbitration
A. This Agreement shall be governed in accordance with the laws of the State of North Carolina without regard to its conflicts of laws principles. Any action arising out of or relating to this Agreement shall be filed only in the state or federal courts located in the County of North Carolina in the State of North Carolina. You consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action.
B. Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to this Agreement, shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein.
C. The arbitration will be conducted in Guilford County, North Carolina, unless You and Verac Interactive agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing Verac Interactive from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights.
D. You and Verac Interactive agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that You will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which You act or propose to act in a representative capacity.
E. You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of Verac Interactive and all parties to any such proceeding.
XX. California Civil Code Section 1789.3
California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210. Complaints or requests for further information can be sent to the address listed in the Contact Us section of this Agreement.
XXI. Privacy
Your use of the Platform is subject to our Privacy Policy.
XXII. Entire Agreement; Severability of Provisions; No Waiver
A. These Terms of Use incorporate by reference any notices contained on the Platform, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of anything offered by Verac Interactive, including the Platform, Verac Interactive Services, and any Content.
B. If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
C. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
XXIII. OFAC
You represent and warrant that You are not, nor are You owned or controlled directly or indirectly by, any person, group, entity or nation named on any list issued by the Department of the Treasury’s Office of Foreign Asset Control (“OFAC” ), or any similar list or by any law, order, rule or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a “Specially Designated National and Blocked Person”, terrorist, or other banned or blocked person (any such person, group, entity or nation being hereinafter referred to as a (“Prohibited Person”); (ii) You are not (nor are You owned or controlled, directly or indirectly, by any person, group, entity or nation which is) acting directly or indirectly for or on behalf of any Prohibited Person; (iii) You (and any person, group, or entity which You control, directly or indirectly) have not conducted nor will conduct business nor have engaged nor will engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, good or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation; (iv) You are not prohibited by any sanctions program as maintained by OFAC from transacting with Verac Interactive, including those sanctions programs currently in effect with respect to Cuba, Iran, North Korea, Syria, Venezuela, or Crimea. In connection with the foregoing, it is expressly understood and agreed that the representations and warranties contained in this subsection shall be continuing in nature.
XXIV. Changes to the Terms of Use
Learn LMS by Verac Interactive may review and update this Agreement at any time in our sole discretion and it is Your responsibility to stay informed of those changes. All changes are effective immediately when posted and apply to all uses of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that You accept and agree to be bound by the changes. Please check this webpage periodically for updates.
XXV. Titles/Headings
The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither You nor Learn LMS by Verac Interactive shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.
XXVI. Gender/Plural
Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.
XXVII. Contact Us
If You have questions or concerns regarding these Terms of Use, the Platform, Learn LMS by Verac Interactive Services, or Content, You may contact Us via physical or electronic mail at the address below. Note: the Learn LMS by Verac Interactive office is not open to the public: Verac Interactive, LLC. 1400 Battleground Avenue Suite 144 D Greensboro, NC 27408 Email: info@veracinteractive.com