Terms of Service
The Deming Way reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.
DESCRIPTION OF THE Deming Way UNIVERSITY
The Deming Way University offers online courses via the open-sourced online education platform developed by edX Inc. ("edX") which include opportunities for professor-to-student and student-to-student interactivity, individual assessment of a student's work and, for students who demonstrate their mastery of subjects, a certificate of completion or other acknowledgment.
The Site allows students (the "Students") to contact the independent contractor instructors (the "Staff") who provide live and recorded instructions, tutoring, and learning services in our proprietary online classrooms (the "Courses"). Students and Staff are, collectively, "Users." The Site include, without limitation, facilitating and hosting Courses and supporting materials, and taking feedback from Users. You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Site, as well as for obtaining and maintaining all phone, computer hardware, and other equipment required for such access and use. If You choose to access or use materials that involve some fee, then You agree to pay, and will be responsible for payment of that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees, then You hereby represent and warrant that You are authorized to provide such information and hereby authorize the Deming Way to use Your credit card on a regular basis to pay required fees, if any. If Your payment method fails or Your account expires, then we may block Your access to any materials waiting for the amount due by You to Deming Way.
THE SITE USAGE RULES
You agree that you are responsible for your own use of the Site and for your User postings. User postings include all content submitted, posted, published or distributed on the Site by you or other users of the Site, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos and file uploads. You agree that you will use the Site in compliance with these TOS and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence.
As a condition of your use of the Open edX services, you will not utilize the Site in any manner intended to damage, disable, overload or impair the server or the network connected to any Deming Way University Open edX server or to interfere with any other party's use and possession of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to any Deming Way University Open edX server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information stored on the Site, its servers or associated computers through any means not intentionally made available through the Site.
THE FOLLOWING LIST OF ITEMS IS STRICTLY PROHIBITED ON THE SITE:
- Content that defames, harasses or threatens others;
- Content that discusses illegal activities with the intent to commit them;
- Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks;
- Profane, pornographic, obscene, indecent or unlawful content;
- Advertising or any form of commercial solicitation;
- Content related to partisan political activities;
- Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar software that may damage the operation of another's computer or property;
- Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.
Furthermore, you agree not to scrape, or otherwise download in bulk, any Site content, including, but not limited to, a list or directory of users on the system, on-line textbooks, user postings or user information. You agree not to misrepresent or attempt to misrepresent your identity while using the Site (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).
USER ACCOUNTS AND AUTHORITY
In order to participate fully in Site activities, you must provide your name, email address and user password in order to create a user account. You agree that you will never divulge or share access or access information for your User Account with any third party for any reason. In setting up your User Account, you may be prompted to enter additional optional information. You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and up to date.
LICENCE TO USE SITE MATERIALS
Unless otherwise indicated, the Site and all its content, such as text, images, and HTML code used to generate the pages ("Material") are the property of Deming Way, or that our suppliers or licensors are protected by patent, trademark and/or copyright under UA or foreign laws. In consideration for your agreement to the terms and conditions contained here, Deming Way grants you a personal, non-exclusive, non-transferable license to access and use the Site and its Material. Registered users may download Material from the Site only for such personal and non-commercial use. No user may copy, reproduce, duplicate, retransmit, distribute, publish, scrape, download in bulk, sell, resell, commercially exploit or transfer any Material or modify or create derivative works of the Material. The burden of determining that use of any information, software, material or any other content on the Site is permissible rests with User. Some content on the Site is provided by third parties, and the use of that content is subject to rules and restrictions as indicated on the Site. You agree to be bound by all such rules and restrictions.
SPECIFIC OBLIGATIONS OF STAFF
If You are instructing Students in connection with a Course You are a "Staff" and the following additional terms and conditions apply, and You represent, warrant and covenant that:
- You are subject to the Deming Way's approval, which we may grant or deny in our sole discretion
- You need to contact us at email@example.com and complete the Staff enrollment form.
- You will be responsible for all of Your Submitted Content, that You own or have the necessary licenses, rights, consents, and permissions, and have the authority to authorize Deming Way to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and, otherwise, use and exploit any of Your Submitted Content on the Site in the manner contemplated by these Agreements, and that no Submitted Content shall infringe or misappropriate any intellectual property right of a third party.
- You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets to teach and offer the services You offer on and through the Site.
- You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content.
- You will not upload, post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or to any User.
- You will not use the Site for any business other than for providing tutoring, teaching and instructional services to Students.
- You will not engage in any activity that will require Deming Way to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings.
- You will not copy, modify or distribute Deming Way Content except as permitted in these Agreements.
- You will not interfere with or otherwise prevent other Staff from providing their services or Courses.
- You will maintain Your enrollment and account information, and all such enrollment and account information shall be accurate.
- You may be permitted to upload materials for unlimited quantity of online courses;
- After notifying the User, Deming Way have the right to remove material from the Site, block access, or take other action with respect to the material in its sole discretion.
- You have the right to upload materials for unlimited quantity of online courses with up to 1000 enrolled students for free. If enrolled students are more than 1000, we will take some minor fee for hosting of your courses. For detailed information, please contact us at firstname.lastname@example.org
- You have the right to remove or replace all or any portion of Your Submitted Content from the Site at any time.
To take tuition fee, you will need to contact us at email@example.com and Deming Way will help you to set up E-commerce functionality.
SPECIFIC OBLIGATIONS FOR STUDENTS USING THE SITE
If You are a User in search of or participating in a Course, You are a "Student" and the following additional terms and conditions apply, and You represent, warrant and covenant that:
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Site or the Products;
- You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content;
- You will not reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Deming Way Content, the Products or Courses or Submitted Content except as permitted by these Terms or the relevant Instructor as applicable;
- You will not disclose any personal information to an Instructor, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information;
- You will not solicit personal information from any Instructor or other User.
- If you enroll in paid course, You agree to pay the fees for Courses that You take, and hereby authorize us to charge Your credit card for these amounts. We will charge Your credit card monthly for all amounts owed. If Your credit card is declined, You agree to pay us the fees within thirty (30) days after receiving a notification from us, and pay (at our discretion) a late payment charge at 1.5% per month, or the maximum permitted by law, whichever is greater.
Content uploaded, transmitted or posted to the Site by a User is "Submitted Content." Submitted Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to UA and foreign copyright and other intellectual property laws. You represent and warrant that any material you submit to the Site is accurate and complete and will not violate or infringe the rights of any third party, including without limitation privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights. You agree that, if a third party claims that any material you have contributed to a Site is unlawful, you will bear the burden of establishing that the material complies with all applicable laws. Grant of license.You hereby grant Deming Way a non-exclusive right and license to reproduce, distribute, publicly perform and otherwise use and exploit the User Content on the Site, and sublicense it to Instructors and Users for these purposes directly or through third parties. Notwithstanding the foregoing.
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