Terms of Use
Effective: March 14,
2022.
Thank you for using Tier 1 Marketing Solutions!
Tier 1 Marketing Solutions offers products and
services provided by Tier 1 Marketing Solutions. (collectively, "Tier 1
Marketing Solutions," "us," "we," or "our").
These Terms of Use ("Terms") govern your use of our website, apps,
and other products and services ("Services"). As some of our Services
may be software that is downloaded to your computer, phone, tablet, or other device,
you agree that we may automatically update this software, and that these Terms
will apply to such updates. Please read these Terms carefully, and contact us if you have any questions, requests for
information, or complaints. By clicking “I accept” (or for those who have not
yet created an account, by using our Services), you agree to be bound by these
Terms, including the policies referenced in these Terms. By using our Services,
you agree to be bound by these Terms, including the policies referenced in
these Terms.
THESE TERMS INCLUDE AN ARBITRATION AGREEMENT
AND CLASS ACTION WAIVER THAT APPLY TO ALL CLAIMS BROUGHT AGAINST TIER 1
MARKETING SOLUTIONS. PLEASE READ THEM CAREFULLY; THEY AFFECT YOUR LEGAL RIGHTS.
THE TERMS OF THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SHALL NOT APPLY
IF UNENFORCEABLE UNDER THE LAWS OF THE COUNTRY IN WHICH YOU RESIDE.
Using Tier 1 Marketing
Solutions
Who May Use our
Services
You may use our Services only if you can form
a binding contract with Tier 1 Marketing Solutions, and only in compliance with
these Terms and all applicable laws. When you create your Tier 1 Marketing
Solutions account, and subsequently when you use certain features, you must
provide us with accurate and complete information, and you agree to update your
information to keep it accurate and complete. Any use or access by
anyone under the age of 13 is prohibited, and certain regions and Content
Offerings may have additional requirements and/or restrictions.
Our License to You
Subject to these Terms and our policies
(including the Acceptable Use Policy, Honor Code, course-specific eligibility
requirements, and other terms), we grant you a limited, personal, non-exclusive,
non-transferable, and revocable license to use our Services. You may download
content from our Services only for your personal, non-commercial use, unless
you obtain our written permission to otherwise use the content. You also agree
that you will create, access, and/or use only one user account, unless
expressly permitted by Tier 1 Marketing Solutions, and you will not share
access to your account or access information for your account with any third
party. Using our Services does not give you ownership of or any intellectual
property rights in our Services or the content you access.
Content Offerings
Changes to Content
Offerings
Tier 1 Marketing Solutions offers courses and
content ("Content Offerings") from universities and other providers
("Content Providers"). While we seek to provide world-class Content
Offerings from our Content Providers, unexpected events do occur. Tier 1
Marketing Solutions reserves the right to cancel, interrupt, reschedule, or
modify any Content Offerings, or change the point value or weight of any
assignment, quiz, or other assessment, either solely, or in accordance with
Content Provider instructions. Content Offerings are subject to the Disclaimers
and Limitation of Liability sections below.
No Academic Credit
Tier 1 Marketing Solutions does not grant
academic credit for the completion of Content Offerings. Unless otherwise
explicitly indicated by a credit-granting institution, participation in or
completion of Content Offerings does not confer any academic credit. Even if
credit is awarded by one institution, there is no presumption that other
institutions will accept that credit. You agree not to accept credit for
completing a Content Offering unless you have earned a course certificate or
other equivalent documentation of your completion of the Content Offering. Tier
1 Marketing Solutions, instructors, and the associated Content Providers have
no obligation to have Content Offerings recognized by any educational
institution or accreditation organization.
Disclaimer of
Student-Content Provider Relationship
Except as described in the Degree,
MasterTrack, and University Certificate Programs section below, nothing in
these Terms or otherwise with respect to your participation in any Content
Offerings by Content Providers : (a) establishes any relationship between you
and any Content Provider; (b) enrolls or registers you in any Content Provider
institution, or in any Content Offering offered by any Content Provider
institution; or (c) entitles you to use the resources of any Content Provider
institution beyond participation in the Content Offering.
Your Content
User Content
The Services enable you to share your content,
such as homework, quizzes, exams, projects, other assignments you submit, posts
you make in the forums, and the like ("User Content"), with Tier 1
Marketing Solutions, instructors, and/or other users. You retain all
intellectual property rights in, and are responsible for, the User Content you
create and share. User Content does not include course content or other
materials made available on or placed on to the Tier 1 Marketing Solutions
platform by or on behalf of Content Providers or their instructors using the
Services or Content Offerings. As between Tier 1 Marketing Solutions and
Content Providers, such Content Offerings are governed by the relevant
agreements in place between Tier 1 Marketing Solutions and Content Providers.
How Tier 1 Marketing
Solutions and Others May Use User Content
To the extent that you provide User Content,
you grant Tier 1 Marketing Solutions a fully-transferable, royalty-free,
perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute,
modify, create derivative works based on, publicly perform, publicly display,
and otherwise use the User Content. This license includes granting Tier 1
Marketing Solutions the right to authorize Content Providers to use User
Content with their registered students, on-campus learners, or other learners
independent of the Services. Nothing in these Terms shall restrict other legal
rights Tier 1 Marketing Solutions may have to User Content, for example under
other licenses. We reserve the right to remove or modify User Content for any
reason, including User Content that we believe violates these Terms or other
policies including our Acceptable
Use Policy and Code of Conduct.
Feedback
We welcome your suggestions, ideas, comments,
and other feedback regarding the Services ("Feedback"). By submitting
any Feedback, you grant us the right to use the Feedback without any
restriction or any compensation to you. By accepting your Feedback, Tier 1
Marketing Solutions does not waive any rights to use similar or related
Feedback previously known to Tier 1 Marketing Solutions, developed by our
employees, contractors, or obtained from other sources.
Security
We care about the security of our users. While
we work to protect the security of your account and related information, Tier 1
Marketing Solutions cannot guarantee that unauthorized third parties will not
be able to defeat our security measures. Please notify us immediately of any
compromise or unauthorized use of your account by emailing security@Tier 1 Marketing Solutions.org.
Third Party Content
Through the Services, you will have the
ability to access and/or use content provided by instructors, other users,
and/or other third parties and links to websites and services maintained by
third parties. Tier 1 Marketing Solutions cannot guarantee that such third
party content, in the Services or elsewhere, will be free of material you may
find objectionable or otherwise inappropriate or of malware or other
contaminants that may harm your computer, mobile device, or any files therein. Tier
1 Marketing Solutions disclaims any responsibility or liability related to your
access or use of, or inability to access or use, such third party content.
Copyright and
Trademark
Tier 1 Marketing Solutions respects the
intellectual property rights of our users, Content Providers, and other third
parties and expects our users to do the same when using the Services. We have
adopted and implemented the Tier 1 Marketing Solutions Copyright and Trademark
Policy below in accordance with applicable law, including the Digital
Millennium Copyright Act.
Education Research
Tier 1 Marketing Solutions is committed to
advancing the science of learning and teaching, and records of your
participation in courses may be used for education research. In the interest of
this research, you may be exposed to variations in the Content Offerings.
Research findings will typically be reported at the aggregate level. Your
personal identity will not be publicly disclosed in any research findings
without your express consent.
Paid Services from Tier
1 Marketing Solutions
Tier 1 Marketing Solutions offers paid
Services (e.g., course certificates for certain courses) for a fee. Unless
otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for
paying all fees charged by or for Tier 1 Marketing Solutions and applicable
taxes in a timely manner with a payment mechanism associated with the
applicable paid Services. If your payment method fails or your account is past
due, we may collect fees using other collection mechanisms. Fees may vary based
on your location and other factors, and Tier 1 Marketing Solutions reserves the
right to change any fees at any time at its sole discretion. Any change,
update, or modification will be effective immediately upon posting through the
relevant Services. Refunds may be available for paid Services as described in
our Refund Policy below.
Degree, MasterTrack,
and University Certificate Programs
The Services may allow you to enroll in
Degree, MasterTrack, and University Certificate programs or similar programs
offered by our Content Providers on the Tier 1 Marketing Solutions platform.
Our Content Providers serve as the distance education providers of these
programs and determine admissions, refund, and graduation or completion
policies and requirements. Nothing in these Terms shall restrict the
applicability to you of any institutional policies established by our Content
Provider in connection with these programs (e.g., student codes of conduct);
such policies shall supplement these Terms and to the extent there is a
conflict between such policies and these Terms, as between you and our Content
Provider, our Content Provider’s policies shall govern.
Depending on the program, tuition and fee
payments for these programs may be collected by Tier 1 Marketing Solutions or
our Content Partners. If your payment method fails or your account is past due,
we or our Content Partners may collect tuition and fees using other collection
mechanisms. Tuition and fees may vary based on your location and other factors,
and Tier 1 Marketing Solutions and its Content Partners reserve the right to
change any tuition and fees for future semesters or equivalent payment periods
at their sole discretion. Refunds may be available for paid Services as
described in our Refund Policy below. You are encouraged to research and
consider whether the tuition and fees required for Content Offerings align with
your professional and financial goals.
Professional licensure, certification, and job
requirements for various professions may vary in each state and country, and
job requirements may vary by employer. Tier 1 Marketing Solutions does not
guarantee licensure, certification or qualification for any profession or job
on the basis of your completion of a Content Offering on Tier 1 Marketing
Solutions. You are advised to research, understand and comply with the
requirements in the applicable state and/or country in which you work or intend
to work, and to investigate whether the Content Offering in which you intend to
enroll meets your academic and/or professional needs before enrolling.
Modifying or
Terminating our Services
We are constantly changing and improving our
Services. We may add or remove functions, features, or requirements, and we may
suspend (to the extent allowed by applicable law) or stop part of our Services
altogether. Accordingly, Tier 1 Marketing Solutions may terminate your use of
any Service for any reason. If your use of a paid Service is terminated, a
refund may be available under our Refund Policy. We may not be able to deliver the
Services to certain regions or countries for various reasons, including due to
applicable export control requirements or internet access limitations and
restrictions from governments. None of Tier 1 Marketing Solutions, its Content
Providers and instructors, its contributors, sponsors, and other business
partners, and their employees, contractors, and other agents (the "Tier 1
Marketing Solutions Parties") shall have any liability to you for any such
action. You can stop using our Services at any time, although we'll be sorry to
see you go.
Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE
SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE TIER 1 MARKETING
SOLUTIONS PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND
ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE TIER 1
MARKETING SOLUTIONS PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO
YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND
AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN
RISK.
Limitation of
Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TIER
1 MARKETING SOLUTIONS PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR
REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE,
GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE
OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF
ANY PARTY OTHER THAN THE APPLICABLE TIER 1 MARKETING SOLUTIONS PARTY, INCLUDING
WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C)
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO
EVENT SHALL TIER 1 MARKETING SOLUTIONS'S AGGREGATE LIABILITY FOR ALL CLAIMS
RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF
FEES RECEIVED BY TIER 1 MARKETING SOLUTIONS FROM YOU FOR THE USE OF PAID
SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS
AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A
REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE TIER 1 MARKETING
SOLUTIONS PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO TIER 1
MARKETING SOLUTIONS'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY
FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO
THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Export Controls
You warrant that you are not located in, or
ordinarily reside in, any country that is subject to applicable U.S. laws and
regulations preventing Tier 1 Marketing Solutions from providing you access to
the Services. Your location is determined by your physical location. Use of a
virtual private network service, IP routing services, or other similar service
for the purpose of circumventing these laws is strictly prohibited.
You warrant that you are not named on any
government prohibited, denied, unverified-party, sanctions, debarment, or
exclusion list or export-controlled related restricted party list
(collectively, “Sanctions Lists”). You will immediately discontinue your use of
the Services if you are placed on any Sanctions List. You also warrant that you
will not export, re-export, or transfer the Services to an entity on any
Sanctions List or otherwise use the services in a manner that would be in
violation of applicable laws.
Notwithstanding anything to the contrary in
these Terms, Tier 1 Marketing Solutions may terminate any further obligations
to you, effectively immediately if you are in breach of the obligations in this
section.
Indemnification
You agree to indemnify, defend, and hold
harmless the Tier 1 Marketing Solutions Parties from any and all claims,
liabilities, expenses, and damages (to the extent attributable to you under the
applicable law), including reasonable attorneys' fees and costs, made by any
third party related to: (a) your use or attempted use of the Services in
violation of these Terms; (b) your violation of any law or rights of any third
party; or (c) User Content, including without limitation any claim of
infringement or misappropriation of intellectual property or other proprietary
rights.
Binding Arbitration
and Class Action Waiver
You and Tier 1 Marketing Solutions agree to
submit to binding arbitration any and all disputes, claims, or controversies of
any kind, whether based on statute, regulation, constitution, common law,
equity, or any other legal basis or theory, and whether pre-existing, present,
or future, that arise out of or relate to our Services, these Terms, and/or any
other relationship or dispute between you and us, including without limitation
(i) the scope, applicability, or enforceability of these Terms and/or this arbitration
provision, and (ii) relationships with third parties who are not parties to
these Terms or this arbitration provision to the fullest extent permitted by
applicable law (each a “Claim,” and collectively the “Claims”).
Any and all Claims shall be submitted for
binding arbitration in accordance with the Consumer Arbitration Rules of the
American Arbitration Association (the “AAA Rules”), as amended, in effect at
the time arbitration is initiated. The AAA Rules are available online at
www.adr.org or by calling (800) 778-7879, and are hereby incorporated by
reference. In the event of any inconsistency between this arbitration provision
and the AAA Rules, such inconsistency shall be resolved in favor of this
provision. If you decide to initiate arbitration, you agree to pay the
initiation fee of $200 (or the amount otherwise required by the AAA Rules), and
we agree to pay the remaining arbitration initiation fee and any additional
deposit required by AAA to initiate your arbitration. We will pay the costs of
the arbitration proceeding, including the arbitrator’s fees; however, other
fees, such as attorney’s fees and expenses of travel to the arbitration, shall
be paid in accordance with the AAA Rules and applicable law. We will pay all
costs associated with any arbitration that we commence. A single, neutral
arbitrator selected in accordance with the AAA Rules shall decide all Claims.
The arbitrator shall be an active member in
good standing of the bar for any state in the continental United States and shall
be either actively engaged in the practice of law for at least five years or a
retired judge. The arbitrator shall honor claims of privilege recognized at
law. Unless inconsistent with applicable law, and except as otherwise provided
herein, each party shall bear the expense of its respective attorney, expert,
and witness fees, regardless of which party prevails in the arbitration. Any
arbitration proceedings shall be conducted in the federal judicial district of
your residence, and you will be given the opportunity to attend the proceeding
and be heard. The arbitrator’s decision will be final and binding upon the
parties and may be enforced in any federal or state court that has
jurisdiction. You and we agree that the arbitration shall be kept confidential
and that the existence of the proceeding and any element of it (including,
without limitation, any pleadings, briefs or other documents submitted or
exchanged and any testimony or other oral submissions and awards) will not be
disclosed beyond the arbitration proceedings, except as may lawfully be
required in judicial proceedings relating to the arbitration or by applicable
disclosure rules and regulations of governmental agencies.
Neither you nor Tier 1 Marketing Solutions may
act as a class representative, nor participate as a member of a class of
claimants, with respect to any Claim. The Claims may not be arbitrated on a
class or representative basis. The arbitrator can decide only your and/or Tier
1 Marketing Solutions individual Claims. The arbitrator may not consolidate or
join the claims of other persons or parties who may be similarly situated.
Accordingly, you and we agree that the AAA Supplementary Rules for Class
Arbitrations do not apply to our arbitration. This arbitration provision and
the procedures applicable to the arbitration contemplated by this provision are
governed by the Federal Arbitration Act, notwithstanding any state law that may
be applicable.
This arbitration agreement does not preclude
you or us from seeking action by federal, state, or local government agencies.
You and we also have the right to exercise self-help remedies, such as set-off,
or to bring qualifying claims in small claims court so long as the matter
remains in such court and advances only on an individual (non-class,
non-representative) basis. In addition, you and we retain the right to apply to
any court of competent jurisdiction for provisional or ancillary relief,
including pre-arbitral attachments or preliminary injunctions, and any such
request shall not be deemed incompatible with any of these Terms, nor a waiver
of the right to have disputes submitted to arbitration as provided in this
provision.
A court may sever any portion of this Binding
Arbitration and Class Action Waiver Section that it finds to be unenforceable,
except for the prohibitions on any Claim being handled on a class or
representative basis, and the remaining portions of this arbitration provision
will remain valid and enforceable. No waiver of any provision of this Section
will be effective or enforceable unless recorded in a writing signed by the
party waiving such a right or requirement. Such a waiver shall not waive or
affect any other portion of these Terms.
THIS BINDING ARBITRATION AND CLASS ACTION
WAIVER SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT
ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF
CLASS OR REPRESENTATIVE CLAIM, AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS
PROVIDED IN THE AAA RULES. OTHER RIGHTS THAT YOU OR TIER 1 MARKETING SOLUTIONS
WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
General Terms
Revisions to the Terms
We reserve the right to revise the Terms at
our sole discretion at any time. Any revisions to the Terms will be effective
immediately upon posting by us. For any material changes to the Terms, we will
take reasonable steps to notify you of such changes, via a banner on the
website, email notification, another method, or combination of methods. In all
cases, your continued use of the Services after publication of such changes,
with or without notification, constitutes binding acceptance of the revised
Terms.
Severability; Waiver
If it turns out that a particular provision of
these Terms is not enforceable, this will not affect any other terms. If you do
not comply with these Terms, and we do not take immediate action, this does not
indicate that we relinquish any rights that we may have (such as taking action
in the future).
Content Providers
Our Content Providers and integrated service
providers are third party beneficiaries of the Terms and may enforce those
provisions of the Terms that relate to them.
Notice for California
Users
Under California Civil Code Section 1789.3, California website 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 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.