Ardor Learning is a Silicon Valley company that is pioneering the future of online English education. In 2018 Ardor purchased My Oxford English –now known as My Ardor English– which was developed by Oxford University Press, the world’s leading creator of English language learning materials.

TERMS OF USE

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY BEFORE ACCESSING OR PARTICIPATING IN ANY CHATROOM, MAILING LIST, WEBSITE, TRANSACTION OR SERVICE MADE AVAILABLE BY Ardor Learning (“Ardor”) AT ENTRY-POINT URL (http://www.ardorlearning.com) AND ITS RELATED WEBSITES (“SITE” OR “SITES”). BY USING AND PARTICIPATING IN THE SITES, YOU SIGNIFY AND ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF USE AND AGREE THAT THE TERMS OF USE CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND Ardor, AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, PLEASE DO NOT ACCESS THE SITES.

Your acceptance of terms

By accessing and/or using the Class Sites or Online Courses, you agree to be bound by these Terms of Use: The term “User” refers to anyone who used our service. You are authorized to use our service only if you agree to abide by all applicable laws, rules and regulations and the terms of these Terms of Use. We reserve the right to change or modify these Terms of Use at our sole discretion at any time. Any change or modification to these Terms of Use will be effective immediately upon posting on Ardor website. Your continued use of our service constitutes acceptance of any changes or modification made by us to these Terms of Use.

User accounts and user registration;

While any Visitor can view the website, in order to use the service and take part in the Online Courses, you must select login identification (“User ID”) and a user password (“User Password”). You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the website and your enrollment.

In addition to the registration process, as part of your use of our service, we may obtain certain information about you. Some of this information may be personally identifiable information. We may use this information to provide certain services to you and may share such information with third parties in conjunction with such services. Our Privacy Policy further explains how we treat information collected and received from you when you use the Online Courses. Our Privacy Policy is hereby incorporated into these Terms of Use by reference. Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information. Ardor and the instructors of the Online Courses reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses, as well as the assignments, tests quizzes, exams. A Letter of Completion shall be awarded, in the sole discretion of Ardor and the instructors for the Online Courses, to users who have completed the course to the satisfaction of the instructors. By attending the Online Courses, users acknowledge that Ardor and the instructors maintain the right and ability to adapt, modify or revise the Online Courses as Ardor and the instructors deem appropriate.

User conduct policy

As a condition of accessing the service and/or using the Online Courses, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Online Courses other than as expressly allowed under these Terms of Use; (b) use Ardor’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high volume, automated, or electronic means to access the website (including without limitation robots, spiders or scripts); (d) place pop-up windows over its pages, or otherwise affect the display of its pages; (e) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (f) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Online Courses; or (g) interfere with or disrupt the Online Courses or servers or networks connected to the Online Courses, or disobey any requirements, procedures, policies or regulations of networks connected to the Online Courses. In addition, you may not post, upload, or transmit to or otherwise make available through the website or Online Courses any content, communications, or other information (collectively, “Unauthorized Content”): that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others; that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); that consists of any high volume, automated, or electronic means to access the website (including without limitation robots, spiders or scripts); that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; that violates the rights of other Users of the website; or that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.

Ardor’s intellectual property rights

The website, online classes, course materials and virtual labs are owned and operated by Ardor. Ardor reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Classes, or any part of portion thereof, with or without notice to you. You agree that Ardor shall not be liable to you or to any third party for any modifications, suspensions or discontinuance of the Classes, or any portion thereof. Nothing in these Terms of Use shall be construed to obligate Ardor to maintain and support the Classes, or any part of portion thereof, during the term of these Terms of Use. All content or other material available on the website or through the Online Courses, including but not limited to on-line lectures, video lessons, quizzes, presentation materials, assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the “Content”), are the property of Ardor and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.

Ardor logos, trademarks and service marks which may appear on the website (“Marks”), are the property of Ardor and are protected under United States and foreign laws. All other trademarks, service marks and logos used on the website, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the website are protected by trade and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Ardor.

Except as otherwise expressly permitted in these Terms of Use, you may not copy, sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the website, Online Courses, or any Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Online Courses. From time to time, Ardor may include software, code, instructions, or other such information in the Content or materials for the Online Courses; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Ardor and/or its affiliates and licensors reserve all rights not expressly granted herein to the websites, Online Courses, Content, and Marks. License to use the website, online courses and virtual labs

Subject to your compliance with these Terms of Use, Ardor hereby grants you a freely revocable, worldwide, non- exclusive, non-transferable, non-sublicensable limited right and license (a) to access, internally use and display the website and Online Courses, including the Content, at your location solely as necessary to participate in the Online Courses as permitted hereunder, and (b) to download the Educational Content (as defined below) so that you may exercise the rights granted to you under Section 7 below. You must abide by all copyright notices or restrictions contained on the website or the Content. You may not delete any attributions, legal or proprietary notices on the website or the Content.

Creative Commons license

Ardor hereby grants you a license in and to the Educational Content under the terms of the Creative Commons Attribution-Non Commercial- No Derivs 3.0 License (http://creativecommons.org/licenses/by-nc-nd/3.0/ and successor locations for such license) (the “CC License”), provided that, in each case, the Educational Content is specifically marked as being subject to the CC License. As used herein, “Educational Content” means the educational materials made available to you through the Online Courses, including such on-line lectures, video lessons, quizzes, presentation materials, assignments, programming assignments, code samples, and other educational materials and tools, but, in any event, specifically excluding any Secure Testing Materials. Such Educational Content will be considered the “Work” under the terms of the CC License. “Secure Testing Materials” refers to any exams or other testing materials that are used for certification purposes.

User content

The exercises may provide you with the ability to upload content and media for completing exercises or certain information and materials for use with the Online Courses, e.g., questions, hypothetical, examples, etc. (collectively, “User Content”). Ardor does not claim ownership of any User Content you may submit or make available for inclusion on the Online Courses. Accordingly, subject to the license granted to Ardor below, User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.

With respect to any User Content you submit to Ardor (including for inclusion on the Online Courses) or that is otherwise made available to Ardor, you hereby grant Ardor an irrevocable, worldwide, perpetual, royalty- free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to Ardor above shall be exclusive. Ardor reserves the right to remove any User Content at any time and for any reason.

To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Ardor to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Ardor, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.

With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Use of provided communication methods and related services

The Online Courses may provide you with the ability to post messages to user forums or user review pages, enter chat rooms or send similar messages and communications to third party service providers, other users and/or Ardor. You agree to use communication methods available on the Online Courses only to send communications and materials related to the subject matter for which Ardor provided the communication method, and you further agree that all such communications by you shall be subject to and governed by these Terms of Use. By using any of the communications methods available on the Online Courses, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by Ardor in any manner (unless expressly stated otherwise by Ardor) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by Ardor in any manner, though Ardor reserves the right to do so at any time at its sole discretion in accordance with these Terms of Use. Additionally, through such communication methods, Ardor may make certain types of services available to you. For instance, Ardor may make available to you, as part of your participation in an Online Course, chat room services that allow you to communicate with Ardor staff members so that you may ask questions about the materials in the Online Course or about your general experiences on the website. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered “Content” under these Terms of Use and is provided for educational purposes only.

Disclaimer of warranties

You expressly acknowledge and agree that your use of the website, the Online Courses and all Content and services available on the website is at your sole risk and responsibility. THE ONLINE COURSES (INCLUDING ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE ONLINE COURSES AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE WEBSITE , CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITE OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE CLASS SITES OR THE ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE CLASS SITES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF THE ONLINE COURSES AND CONTENT.

 

Limitation of liability

UNDER NO CIRCUMSTANCES SHALL ARDOR BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OF USE (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. ARDOR’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF USE WILL NOT EXCEED THE GREATER OF TWENTY U.S. DOLLARS ($1) OR THE AMOUNT OF FEES RECEIVED BY ARDOR FROM THE COMPLAINING USER FOR THE USE OF THE WEBSITE OR ONLINE COURSES; THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT ARDOR WOULD NOT ENTER INTO THESE TERMS OF USE OR MAKE THE ONLINE COURSES AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.

 

Linking to other sites

The website may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. Ardor does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the website at any time for any reason or for no reason. ARDOR WILL NOT BE LIABLE FOR ANY TRANSACTIONS conducted by you WITH THIRD PARTIES through the Linked Sites OR for ANY LIABILITY ARISING FROM the representations OR INFORMATION PROVIDED on such Linked Sites. We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.

 

Indemnity

You agree to indemnify, defend and hold harmless Ardor, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the website or Online Courses in violation of these Terms of Use, (b) your use or attempted use of any code, program, data, information or any other Content provided on the website or through the Online Courses in a manner inconsistent with these Terms of Use, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on the Class Sites or through the Online Courses, including without limitation any claim of infringement of intellectual property or other proprietary rights.

Termination of rights

You agree that Ardor, in its sole discretion, may terminate your use of the website or Online Courses for any reason or no reason, including, without limitation, if Ardor believes that you have (a) breached these Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted Unauthorized Content to the Class Sites; or (d) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the website or Online Courses may be effected without prior notice to you and that Ardor shall not be liable to you nor any third party for any termination of your account or the Online Courses.

 

Dispute procedure and claims of copyright infringement

Ardor respects the rights and intellectual property of others, and we ask our users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Ardor’s Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest; a description of the product, work or other intellectual property that you claim has been misrepresented or infringed; a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf.

Ardor’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:

Copyright Agent

Ardor Learning

Email: info@ardor.com

Miscellaneous provisions

You affirm that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use. In any case, you affirm that you are over the age of 13 as the Online Courses are not intended for children under 13. If you under 13 years of age, do not use the website or Online Courses.

Ardor may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of Ardor.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within California and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by Ardor, you or any third party to enforce these Terms of Use, or in connection with any matters related to the Class Sites or Online Courses, shall be subject only to the jurisdiction of the courts located in Santa Clara County, California. Ardor makes no representations that the website operate (or are legally permitted to operate) in all geographic areas, or that the website, or information, services or products offered through the website are appropriate or available for use in other locations. Accessing the website from territories where the website, or any content or functionality of the or portions thereof, including but not limited to functionality discussed in the Privacy Policy, is illegal is expressly prohibited. If you choose to access the website, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

 

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. Ardor shall have no liability under these Terms of Use to the extent arising from any failure of Ardor to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event not within Ardor’s reasonable control. Ardor shall not be responsible for damage or other problems caused by any unauthorized change to these Terms of Use made by way of hacking or cracking this page. Any delay or failure on the part of Ardor to enforce any rights under these Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time.

These Terms of Use constitute the entire agreement between you and Ardor relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Class Sites by Ardor or through a specific writing between you and Ardor.

Any notice which may be required to be given to us under these Terms of Use may be sent to us by emailing to the following addresses:

Ardor Learning.

Email: info@Ardor.com