PLEASE READ THIS DOCUMENT CAREFULLY
The Lifesaving Society's online learning platform can be found at https://www.lifesaving.org, and also includes all of the subdomains, mobile applications, any other media, location, application, etc. owned, managed, operated, etc. by the Lifesaving Society. When referring to the infrastructure in this Agreement, we will be collectively referring to them as the “Platform”.
The Lifesaving Society ("Society") provides an open online learning platform designed to allow Instructors to deliver courses and content (“Content”) to their Students. The Society 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 “Teachable 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 Teachable’s Platform in any manner.
Teachable is neither a content provider nor an educational institution. Creators and Students are not employees of Teachable. Teachable is not responsible for interactions between Creators and Students, with the exception of providing the technological means through which Creators may broadcast and otherwise make their Content available and, at each Creator’s election, for processing payments through Teachable’s payment gateway(s). Teachable is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Creator/Student relationship, including but not limited to, any Student’s reliance upon any information provided by a Creator or Creator Content at any time.
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. Age of Access
You must be at least 18 years old to use the Platform, or, if you are between the ages of 13 and 18, you must have your parent or guardian’s permission 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.
III. License to Instructors & Students
The Lifesaving Society grants You a limited, non-exclusive license to access and use the Society's Platform for your own personal purposes. This license is only for Your use and may not be assigned or sublicensed to anyone else, without the Society's express written consent. Except as expressly permitted by the Society in writing, you will not try to reproduce the Society's content or 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 the Society are reserved.
IV. Code of Conduct
The most current version of the Lifesaving Society Code of Conduct applies to all Students and Instructors while using the platform In addition to that the following rules are also in effect:
No Illegal Activity: This is about as simple as it gets. Do not use the Platform for any illegal activity. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, provincial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the Canada or other countries)
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
No Bad Code: Do not use the Platform to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner
Be Civil: Treat everyone with respect
No Impersonation. You will not impersonate the Society or any or its Employees
No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods; and
No Use Other Than Intended: You may not use the Platform or any content contained on the Platform for any purposes other than intended
If You violate this Code of Conduct we reserve the right to remove You and any of Your Content from the Platform. Whether conduct violates our Code of Conduct will be determined in the Society's sole discretion.
V. Course and Services Content
While we’re on the subject of ground rules, we should also discuss what content is prohibited on the Platform. For a number of reasons, there are certain subject matter types that we simply will not allow to be published in Your Content on the Platform.
- The Society reserves the right to remove You and Your Content should Your Content contain material (determined, in our sole discretion) that is libelous, slanderous, pornographic, obscene, unlawful, threatening, defamatory, or otherwise objectionable or violates any party’s intellectual property or any other part of this Agreement
VI. Intellectual Property and Your Content
In operating our Platform, it’s important for us to make it clear who owns what. You are trusting us with your content and consistent with the Society's genuine belief in transparency we want to make it simple for You to know exactly what You are getting into when You join a course.
Society Content: Content on the Platform, 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 "Society Content", and is and remains the sole property of the Society. Society Content, including our trademarks, may not be modified by You in any way
Your Content: When you upload Content that You create to the Platform it becomes property of the Society. The Society does not claim any intellectual property rights over the materials You upload to the Teachable Platform by virtue of Your use of our services. By uploading your content to the Teachable Platform, You agree that:
Teachable may review Your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but Teachable has no obligation to review anything that You upload
You are uploading Your content to the Teachable Platform at Your direction and that Teachable does not in anyway certify or provide approval or permission prior to You uploading Your content
Teachable may display Your content to other users (e.g. Your Students) via the Teachable Platform
You agree that by uploading Your content to Our Platform, You are allowing Us to store Your Content
You agree to provide Teachable with all necessary licenses, including a worldwide, non-exclusive, royaly-free, sublicensable and transferable license to use (e.g, to display or transmit) Your Content in furtherance of the Teachable 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)
You are responsible for and own, or have the rights to use, all of Your Content
C. Content Free of Infringement of Any Third Party Rights
- 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.
a) In plain language, this means that 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. You wouldn’t want anyone selling any of Your Content without Your permission. 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
VII. The Society's General Rights In Operating Its Platform
The Society reserves the following rights over the entire Platform:
The Society may modify, terminate, or refuse to provide Services at any time for any reason, without notice
The Society may remove anyone from the Platform at any time for any reason, solely in the Society's discretion. This right is not modified by any other section of this Agreement
The Society may, but has no obligation to, monitor any content that appears on the Platform or review any conduct occurring through the Platform, including any interactions between Instructors and Students and Society employees
The Society reserves the right to modify, suspend, or alter its refund policy, at its sole discretion
If You close Your account or terminate Your Affiliation, The Society 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
The Society reserves the right to remove You and Your Content without warning if You violate any of the provisions of this Agreement
The Society 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
VIII. Canada's Copywrite Act
The Society takes a firm stance against anyone who is infringing upon anyone else’s intellectual property. This Platform is all about You learning. We draw a hard line when the Society Platform is used to exploit someone else’s intellectual property.
B. Under the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), Teachable has set out the following policy:
If Teachable has a good faith belief that any content (including Creator Content) appearing on its Platform violates any copyrights or has been illegally copyrighted, Teachable reserves the right to remove, block, or otherwise ‘take down’ the content. Teachable also reserves the right to remove from the Platform any Creators, Students, or other parties, who are repeat offenders of the Teachable DMCA policy
Reporting of Copyright Infringement Under Canada's Copywrite Act
If you believe that content appearing on the Platform violates your intellectual property, you should send a notice to the Society (either physical mail or email is acceptable) at the following address:
13123 - 156 St.
Edmonton, Alberta T5V 1V2
b) Contents of Notice
If you send the Society a notice regarding any claimed infringements, your notice must contain the following information:
(1) A physical or electronic signature from the owner or a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed
(2) Identification of the copyrighted work claimed to have been infringed
(3) Identification of the material/works/content that is claimed to be infringing that you want to see removed. This identification should include a location (URL) and other details sufficient to allow the Society to find and review this material on the Platform
(4) Your contact information, including your address, telephone number, and email address, so that we may be able to contact you
(5) A statement by you that you have a good faith belief that the use of the material/works/content are not authorized by the copyright owner, its agent, or the
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner
c) Counter Notification
If any content (including Instructor Content) is removed due to the receipt of a Copywrite notice, you may send the Society what is known as a Counter Notice if you believe that your content was wrongly removed. 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 the Province of Alberta and that you will accept service of process from the person who provided notification
d) Please note that a copy of any notices received will be sent to the party who posted the content you report as infringing
e) Repeat Infringements:
(1) As we stated above, the Society really doesn’t look favorably on anyone who is using someone else’s intellectual property without permission. Should the Society receive two or more copywrite complaints regarding You, the Society may simply remove You from the Platform without further warning. Note: as we state in our Rights section, we still reserve the right to remove anyone at any time for any reason. This Repeat Infringement section does not change that right in any way.
X. Trademark Violations
A. Trademark Infringement
- The DMCA (again, the Digital Millennium Copyright Act), only covers copyrights. For claims of trademark infringement, Teachable requests that any notices sent to Teachable’s Designated Agent contain:
a) Information describing your trademark or service mark
b) The registration number, if applicable
c) Basis for your trademark claim
d) Jurisdiction in which you claim trademark rights, and
e) Class of goods or services and accompanying description for which you assert trademark rights
B. Please note that a copy of any notices received will be sent to the party who posted the content you report as infringing.
XI. Third Party Communications
A. By using Teachable’s Platform, You may receive communications from third parties (e.g. a Creator may communicate with a Student). Teachable 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. Teachable 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.
XX. Refund Policy
We want You to be happy with the Society's Online Learning Academy. However there are no refunds for completed courses. Refunds will be considered for any course where the student registered by error and the refund request was made within seven (7) days.
A) Abuse of the Refund Policy
The Society 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 courses
B. Sole Discretion
- Any requests for a refund, whether by a Creator or a Student, will be ultimately determined in the Lifesaving Society's sole discretion
XXI. Account Deletion
You may delete Your account at any time
Any account may be deleted if it remains inactive (e.g., the user fails to log in) for a continuous period of at two (2) years. Activity will be determined by the Society in its sole discretion
If Your account is deleted (regardless of the reason), Your Content may no longer be available. The Society is not responsible for the loss of such content upon deletion
XXII. Errors and Corrections
The Society does not guarantee that the Platform or any services offered through the Platform will be error-free or otherwise reliable, nor does The Society guarantee that defects will be corrected or that any offerings through the Platform will always be accessible. The Society 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 Creators and Students.
XXIII. Limitations of Liability
In running the Platform, we require that You understand and agree that The Society 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 The Society doesn’t warrant or guarantee that it will always be free of errors or defects. Any claims for damages against Teachable will be limited to a portion of the fees You have paid us.
Our limitations of liability are as follows:
A. You agree that The Society, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the Teachable Platform
B. You agree that The Society 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. The Society 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. The Society 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 Society 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 Society Platform
F. The Society 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
G. You agree that The Society 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 The Society, 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 Teachable 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 The Society's prior written consent
K. Should The Society's limitation of liability not be applicable, The Society sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to The Society over the prior twelve (12) months directly preceding your claim, unless otherwise required by law
L. You agree that The Society 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 The Society 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
XXIV. Remedies for Violations
A. The Society's reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to removing 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.
A.The Society may notify You of relevant information regarding the Platform and Society 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.
XXVI. Governing Law and Jurisdiction; Disputes and Arbitration
A. This Agreement shall be governed in accordance with the laws of the Province of Alberta without regard to its conflicts of laws principles. Any action arising out of or relating to this Agreement shall be filed only in the provincial or federal courts located in the Province of Alberta. 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, may be resolved by binding confidential arbitration.
C. The arbitration will be conducted in Edmonton, Alberta, unless You and The Society 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 The Society 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 The Society 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 solicitor-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 The Society and all parties to any such proceeding
XXIX. Entire Agreement; Severability of Provisions; No Waiver
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
A. 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 the Society shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.
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.
XXXIII. Contact Us
Lifesaving Society, Alberta and Northwest Territories
13153 - 156 Street
Edmonton, Alberta T5V 1V2