LearnFormula Terms of Use
This Terms of Use policy was last updated on January 8, 2025.
1. Introduction
THESE TERMS OF USE ("TERMS") BIND YOU, THE COMPANY YOU REPRESENT, AND THE COMPANY THAT REGISTERED YOU (COLLECTIVELY "YOU") TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF LEARNFORMULA ("OUR", "WE", "US") SOFTWARE, WEBSITE, MOBILE APPLICATIONS OR CONNECTED APPLICATIONS SUCH AS APPLE TV, SERVICES OR OTHER OFFERINGS ON OUR WEBSITE (COLLECTIVELY, OUR "SERVICES"). BY USING ANY OF THE LEARNFORMULA SERVICES OR CLICKING ON THE "SIGNUP" BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS. IF YOU DO NOT AGREE TO ALL THESE TERMS, CLICK ON THE "X" BUTTON AND DO NOT USE THE LEARNFORMULA SERVICES. LEARNFORMULA'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THESE TERMS, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY LEARNFORMULA, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
Pre-arbitration clause:
IMPORTANT: BY AGREEING TO THESE TERMS YOU AGREE TO RESOLVE DISPUTES WITH LearnFormula THROUGH BINDING ARBITRATION (AND WITH VERY LIMITED EXCEPTIONS, NOT IN COURT), AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS, AS DETAILED IN SECTION 19.
All capitalized terms used and not otherwise defined herein shall have the meaning ascribed to them in LearnFormula's Privacy Policy, and Instructor Terms.
Any version of these Terms of Use in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
2. Additional Agreements
Any personal information submitted in connection with Your use of the Services is subject to Our privacy policy which is hereby incorporated by reference into these Terms.
Additionally, if You are an Instructor (as defined below), You are also subject to the Instructor Terms and Intellectual Property Policy, which are hereby incorporated by reference into these Terms. If you are an Instructor, and there is a conflict between these Terms and the Instructor Terms, the Instructor Terms will govern.
3. General
Our Services enable students ("Students") to connect with independent contractor instructors (the "Instructors", collectively with Students, the "Users") who provide live and recorded instruction, tutoring, and learning services (the "Courses") via Our Services. The Services include, without limitation, facilitating and hosting Courses and supporting materials, and taking feedback from Users.
From time to time, We may update these Terms to clarify our practices or to reflect new or different practices, such as when We add new features, and LearnFormula reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If We make any material change to these Terms, We will notify You using prominent means such as by email notice sent to the email address specified in Your Account or by posting a notice through Our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of Our Services after changes become effective shall mean that You accept those changes. You should visit the Services regularly to ensure You are aware of the latest version of the Terms, as any revised Terms shall supersede all previous Terms.
LearnFormula may modify the Services or discontinue their availability at any time.
You are solely responsible for all service, telephone, data charges and/or other fees and costs associated with Your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
If You elect to access or use Our Services that involve payment of a 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 supply such information and hereby authorize LearnFormula to charge Your credit card on a regular basis to pay the fees as they are due.
If Your payment method fails or Your Account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with Us and/or retaining collection agencies and legal counsel. We may also block Your access to any Services pending resolution of any amounts due by You to LearnFormula.
All of Your use, access and other activities relating to the Services must be in compliance with all applicable laws and regulations and relevant regulator bylaws, including, without limitation, laws relating to copyright and other intellectual property use, and to privacy and personal identity. Further, access to Our Services from territories where their contents are illegal is prohibited. Those who choose to access or use the Services from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy. You further agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which You reside. If You use the Services or Third Party Platforms (as defined in the next section) from countries outside of Canada You must agree to abide by all local rules regarding online conduct and acceptable content.
We retain the following documentation for a minimum of 5 years: Records of participation (the start and completion time of participants in each course); dates of course completion; number of credits earned; how the credits were calculated, including word count formula; results of quizzes and final assessments; program descriptions: course instructor and reviewer information (including license number, status, and location, where application); program evaluation results.
To ensure you are keeping up-to-date with the current standards in your field, we provide the course's publication date and most recent review/update dates, if applicable. Courses with topics that undergo frequent changes are reviewed by a subject-matter expert as often as needed to maintain professional and relevant standards as set by each professional body/regulator. The onus on relevance is strictly placed on the Instructor and not on LearnFormula.
4. General Disclaimer
The Services provided consist of a marketplace for Instructors and Students. We do not hire or employ Instructors nor are We responsible or liable for any interactions involved between the Instructors and the Students who purchase an Instructor's Course via the Services. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of Instructors or Students, including, but not limited to, any Student's reliance upon any information provided by an Instructor.
We do not control Submitted Content (as defined below) posted on the Services and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Submitted Content. You also understand that by using the Services, LearnFormula may expose You to Submitted Content that You consider offensive, indecent, or objectionable. LearnFormula has no responsibility to keep such content from You and no liability for Your access or use of any Submitted Content, to the extent permissible under applicable law. LearnFormula provides a series of tools to Instructors to assist in the development of Submitted Content or Courses but does not guarantee the accuracy, validity, or truthfulness of Submitted Content or Courses developed via the use of these tools. In addition, LearnFormula does not bar the use of particular tools in the development of Submitted Content or Courses that employ machine learning, artificial intelligence, artificial voices, or any other tool that improves the efficiency with which Instructors may develop Submitted Content or Courses. It is the responsibility of the Instructor to ensure that the information presented within their Submitted Content or Courses is accurate, valid, and true.
The Services may give You access to links to third-party platforms ("Third Party Platforms"), either directly or through Courses or Instructors. LearnFormula does not endorse any of these Third Party Platforms and does not control them in any manner. Accordingly, LearnFormula does not assume any liability associated with Third Party Platforms. You need to take appropriate steps to determine whether accessing a Third Party Platform is appropriate and to protect Your personal information and privacy on such Third Party Platform.
5. Conduct
You may only access the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Services. You agree not to use the Services or the Company Content (as defined below) to recruit, solicit, or contact in any form, Instructors or potential users for employment or contracting for a business not affiliated with Us without Our advance written permission, which may be withheld in Our sole discretion. You assume any and all risks from any meetings or contact between You and any Instructors or other Users of the Services.
6. Specific Obligations of Instructors
Please see the Instructor Agreement and Intellectual Property policy at LearnFormula.com.
7. Specific Obligations of Students
As a Student, You represent, warrant and covenant that:
- You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Services or registering for a Course.
- You are over the age of 18, or, if not, You will only use the Services with the involvement, supervision, and approval of a parent or legal guardian. Children under the age of 13 may not register for an Account or register or purchase Courses.
- 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 Services.
- You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous content or information.
- You will not copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any Company Content, the Services or Courses or Submitted Content except as permitted by these Terms or the relevant Instructor as applicable.
- You will not frame or embed the Services to circumvent the Services.
- You will not impersonate another person or gain unauthorized access to another person's Account.
- You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services.
- 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 Student.
Students understand and agree that Instructors from whom Students may have purchased Course(s) may choose to terminate their Accounts with LearnFormula and become inactive. LearnFormula does not guarantee Instructor availability to Students and shall not be held liable for any issues relating to Instructor availability.
8. Registration
To use certain Services, You will need to register and obtain an account and password. When You register, the information You provide to Us during the registration process will help Us offer content, customer service, network management and other services. You are solely responsible for maintaining the confidentiality of Your account, user name, and password in your Profile (collectively, Your "Account") and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify Us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Services. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of the use of Your Account, either with or without Your knowledge, prior to Your notifying Us of unauthorized access to Your Account.
You may not transfer Your Account to any other person and You may not use anyone else's Account at any time without the permission of the Account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such Student; (ii) controlling that Student's access to and use of the Services; and (iii) the consequences of any misuse.
9. Content, Licenses & Permissions
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is "Content." Where LearnFormula provides Content to You in connection with the Services, including, without limitation, the software, the products and the site, it is "Company Content". 'Submitted Content' comprises educational resources or materials submitted by a User to LearnFormula for adaptation or reproduction to form a 'Course' to be hosted on LearnFormula's 'Platform' or 'Marketplaces'. Submitted Content may include audio and video recordings, graphics, coursebooks, text publications, written or supplementary materials, quizzes, examinations, and other materials. 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 Canadian, US and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to LearnFormula with respect to Your Submitted Content and that LearnFormula shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.
LearnFormula hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which You have paid all required fees, solely for Your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with particular Courses or Services. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless We give You explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to You. Instructors may not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.
Notwithstanding the foregoing, We reserve the right to revoke this license to access and use Submitted Content and Company Content granted to You as described above, as further detailed in sections 14 and 15 below.
LEANFORMULA RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, LEARNFORMULA DOES NOT SCREEN THE SUBMITTED CONTENT AND ALL USE OF THE SUBMITTED CONTENT BY YOU IS AT YOUR OWN RISK AND LEARNFORMULA SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE SERVICES OR THROUGH THE SERVICES IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. If You believe that Your Submitted Content violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that the Submitted Content of a third party or any Company Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to LearnFormula in accordance with the procedures that We maintain under Our Intellectual Property Policy.
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
You may decide to send us unsolicited ideas, including ideas for new promotions, products, services, applications, technologies, processes or other ideas (collectively, "User Ideas"). You must not transmit any User Ideas to or through the Services or Third Party Platforms, or to Us through e-mail, that You consider to be confidential or proprietary. You agree that We shall not be required to treat any User Ideas as being confidential or proprietary. You are responsible and liable for any User Ideas You submit. You agree that by submitting User Ideas to Us, including any concepts, know-how or ideas, You hereby grant Us a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, sell, exploit, prepare derivative works of and display the User Ideas in connection with the Services, and for LearnFormula's (and its successor's) business, including without limitation, for promoting and redistributing part or all of the User Ideas (and derivative works thereof) in any media formats and through any media channels whether now known or hereafter developed, without payment or accounting to You or others. We are under no obligation to evaluate, review, or use any User Idea.
10. Pricing, Payment & Taxes
a. Pricing
- Pricing of LearnFormula Courses is determined in accordance with the terms set forth in Our Instructor Terms and Our Pricing and Promotions Policy. If You are a Student, You agree to pay the fees for the Courses that You purchase and hereby authorize Us to charge Your credit card for such fees. If Your credit card is declined, You agree to pay Us the fees within thirty (30) days of notification from Us and pay (at Our discretion) a late payment charge of 1.5% per month, or the maximum permitted by law, whichever is greater.
b. Payment
- All payments are made to LearnFormula Inc.
- European Union Users: By purchasing Courses (e.g. clicking or tapping the relevant purchase button), You are confirming that You want the Course immediately credited to Your Account and that by doing so You are hereby waiving any and all cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it. Notwithstanding the foregoing, You will still be eligible for the 10-day refund right as set forth in this section 10. For the avoidance of any doubt, refunds to You shall be applicable only in accordance with our refund policy described in section 11.
c. Taxes
- For sales of any Courses or Submitted Content in any country, You are responsible for remitting the taxes to the appropriate taxing authority (which may be different from the tax authority in Your own location). LearnFormula is unable to provide You with tax advice and You should consult Your own tax advisor.
d. Rounding Off
- LearnFormula may, in its sole discretion, round up or round down the Sale Price to the nearest whole functional base unit in which the Sale Currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, LearnFormula will round up an amount of \$101.50 to \$102.00, and \$101.49 to \$101.00.
- Some currencies are denominated in large numbers. In those cases, LearnFormula may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for LearnFormula to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
e. Foreign Currency
- When browsing without logging in to Your Account, the Services will default the Sale Currency to the currency used in Your current geographic location. When you are logged in to Your Account, the Sale Currency will be based on Your geographic location as set upon Account signup. You cannot change Your displayed currency.
- Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US\$100.00 to buy CA\$144.00 of Canadian dollars, the currency conversion rate of US dollars to CAD would be 1.44, and the currency conversion rate from CAD to US dollars would be 0.70. Currency conversion rates will vary from time to time.
11. Refunds
LearnFormula offers Students a ten (10)-day, no-questions-asked money-back guarantee on Courses that are purchased but not 'completed' on the LearnFormula website (at LearnFormula.com or any platform owned by LearnFormula such as CPDFormula.com, or PECourses.com). Any Courses purchased through Third Party Platforms will not be eligible for refunds. If You, as a Student, are unhappy with such a Course and request a refund within ten (10) days of the date that You paid for access to that Course, We will provide You with a full refund of the amount You paid. However, You are not entitled to a refund where You have completed the entirety of a Course's components or materials or have generated a Certificate. To request a refund, please contact us at: support@learnformula.com. Please note that if We believe that You are abusing Our refund policy in Our sole discretion, We reserve the right to suspend or terminate Your Account and refuse or restrict any and all current or future use of the Services, without any liability to You. Examples of abuse include purchasing in the last 10 days before a regulatory period, completing Courses and requesting a refund initiating return fraud.
If you are an Instructor, you acknowledge and agree that Students have the right to receive a refund as set forth in this section. See Instructor Terms for additional information on refunds.
12. Financial Aid Policy
LearnFormula has implemented different financial aid policies that may be relevant to Students depending on their profession and the location where they are professionally active. If You, as a Student, would like to inquire as to whether LearnFormula has a financial aid policy relevant to You, please email accreditation@learnformula.com with Your name, return email address, professional designation, practice location, and Your inquiry.
13. Trademarks
The trademarks, service marks, and logos (the "Trademarks") used and displayed through Our Services or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to Canadian, US and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.
14. Warranty Disclaimer
THE SERVICES, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LEARNFORMULA AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. LEARNFORMULA AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF LEARNFORMULA OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT YOUR OWN RISK.
15. Limitation of Liability
NEITHER LEARNFORMULA NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR MATERIALS, INCLUDING ANY MATERIALS AVAILABLE THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS, ANY LINKED WEBSITES OR ANY CODE, PRODUCT OR SERVICE PURCHASED, ACCESSIBLE OR USABLE THROUGH THE SERVICES OR ANY THIRD PARTY PLATFORM. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES, AND MATERIALS, INCLUDING ANY PRODUCTS OR SERVICES AVAILABLE THROUGH ANY THIRD PARTY PLATFORM, SUBMISSIONS OR ANY LINKED WEBSITES IS TO STOP USING THE SERVICES, MATERIALS, SUBMISSIONS, PRODUCTS, OR LINKED WEBSITES, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO LEARNFORMULA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO LEARNFORMULA IN THE PRECEDING TWELVE (12) MONTHS, IF ANY, TO ACCESS OR USE THE SERVICES. BECAUSE SOME PROVINCES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO COMMUNICATION OF ANY KIND BETWEEN YOU AND LEARNFORMULA OR A REPRESENTATIVE OF LEARNFORMULA CONSTITUTES A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS. MULTIPLE CLAIMS WILL NOT INCREASE THE MONETARY DAMAGES LIMIT STATED HEREIN. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS OF USE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Inaccuracies. The Services provided on any Third Party Platform could include inaccuracies, errors, or information or materials violating these Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Services available on any Third Party Platform. Although LearnFormula attempts to ensure the integrity of the Services on Third Party Platforms, we make no guarantees as to the Services' completeness or correctness. In the event that a situation arises in which the Services' completeness or correctness is in question, please send an email to: support@learnformula.com (with the subject line "Inaccuracies in Services on Third Party Platform Name") with, if possible, a description of the Services to be checked and the location (URL) where such Services can be found on Our Services or Third Party Platform at issue, as well as information sufficient to enable Us to contact You. We will try to address Your concerns as soon as reasonably practicable. For copyright infringement claims, see our Intellectual Property Policy.
System Outages. LearnFormula periodically schedules system downtime for the Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that LearnFormula has no responsibility and is not liable for: (a) the unavailability of the Services including those available on Third Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, misdelivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services, any Internet service providers, any Third Party Platforms, or any Internet facilities and networks.
16. Indemnification
You hereby indemnify, defend and hold harmless LearnFormula, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third-party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You under this Section 16, and in such case, You agree to fully cooperate as reasonably required with such defence and in asserting any available defences.
Statute of Limitations. Any claim or cause of action arising out of or related to use of the Services, the Terms, or any services or information available through Third Party Platforms, must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1-year period, such claim or cause of action are forever barred.
17. Termination
LearnFormula reserves the right to terminate, suspend, modify, or delete, at Our sole discretion, any (a) Submitted Content, Company Content, Courses, or any Service; and (b) Your access to Our Services or Your Account, as follows:
- If You breach or violate any of these Terms or any of Our applicable policies, as posted on Our Services from time to time, LearnFormula may take action immediately without prior notice to You. If We take action pursuant to this section, We shall not have any liability to You for any Course(s) You may have purchased nor for any other use of Our Services associated with Your Account. For the avoidance of any doubt, You understand and agree that You will not be compensated nor be eligible for any refund under any circumstances for any such access lost to Our Services, including without limitation to Course(s) You may have purchased;
- We may also take action for any reason or no reason, in which case We will provide prior notice to You. If We take action pursuant to this section, (a) if You are a Student We will refund You for any access lost to Course(s) that You may have purchased during the three (3) months period prior to such termination, all in accordance with and subject to the terms of Our refund policy set forth herein; and (b) If You are an Instructor, any such termination will also terminate Your right to offer Your Course(s) through Our Services, and LearnFormula will pay all outstanding amounts owing to You up to termination date. Please note that Students who purchased your Course will retain access to the Course so long as LearnFormula deems necessary.
You may terminate Your use of the Services at any time, either by ceasing to access them or by deleting Your Account, by following the steps set forth in Our Privacy Policy and subject to the terms therein. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Services and Content. Any accrued rights to payment and Sections 1-16 and all representations and warranties shall survive termination.
18. Electronic Notices
By using Our Services or communicating with LearnFormula, You agree that LearnFormula may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Services or these Terms. If LearnFormula learns of a security system's breach, LearnFormula may attempt to notify You electronically by posting a notice through the Services or sending an email to You. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw Your consent from receiving electronic notice), please send an email to: support@learnformula.com. Notice will be deemed given twenty-four hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, LearnFormula may give You legal notice by mail to a postal address, if provided by You through Your use of any of the Services. In such a case, notice will be deemed given three days after the date of mailing.
19. Miscellaneous
Entire Agreement. These Terms and any policies applicable to You posted on Our Services constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of LearnFormula to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither LearnFormula nor any other party to these Terms shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
Governing Laws. These Terms and Your use of the Services shall be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction and shall be considered to have been made and accepted in the Province of Ontario, Canada.
20. Agreement to Arbitrate and Class Action Waiver
THIS SECTION ONLY APPLIES TO USERS IN CANADA AND UNITED STATES:
Before bringing a formal legal case, please first email: support@learnformula.com. Most disputes can be resolved that way.
We Both Agree to Arbitrate. If we can't resolve our dispute amicably, You and LearnFormula agree to resolve any claims relating to these Terms, or any of Our other terms posted on Our Services from time to time, through final and binding arbitration. This applies to all kinds of claims under any legal theory.
Either of Us can bring a claim in small claims court either in Toronto, Ontario, Canada, or the city where You live, or some other place we both agree on, if it qualifies to be brought in that court.
In addition, if You or LearnFormula brings a claim in court that should be arbitrated or any of Us refuses to arbitrate a claim that should be arbitrated, the other of Us can ask a court to force Us to go to arbitration to resolve the claim (i.e., compel arbitration). You or LearnFormula may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
No Class Actions. We all agree that we can only bring a claim against each other on an individual basis. That means: (a) neither You nor LearnFormula can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action; (b) an arbitrator cannot combine more than one person's claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this); (c) an arbitrator's decision or award in one person's case can only impact the person who brought the claim, not other Users, and cannot be used to decide other disputes with other Users. If a court decides that this subsection on "No Class Actions" is not enforceable or valid, then the entire Section 19 (Agreement to Arbitrate and Class Action Waiver) will be null and void, but, the rest of the Terms will still apply.
The Arbitration Process. Any disputes between You and LearnFormula relating to the Services that involve a claim of less than CAD\$25,000 must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the Canadian Arbitration Association. The arbitration proceedings shall be governed by the CAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, You and LearnFormula agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any disputes between You and LearnFormula relating to the Services that involve a claim of less than CAD\$25,000 must be resolved in accordance with the CAA's rules about whether the arbitration hearing has to be in person.
Jurisdiction for Legal Disputes Not Subject to Arbitration. If the Agreement to Arbitrate is determined to be invalid or unenforceable or for any disputes that do not qualify for arbitration, the dispute shall be subject to the exclusive jurisdiction of the Federal and Provincial courts located in Toronto, Ontario, Canada. You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
Changes. Notwithstanding the provisions of the modification-related provisions above, if LearnFormula changes this "Agreement to Arbitrate and Class Action Waiver" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing LearnFormula written notice of such rejection by sending an email to: support@learnformula.com within 30 days of the date such change became effective, as indicated by the "last updated on" language above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Agreement to Arbitrate and Class Action Waiver" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and LearnFormula in accordance with the provisions of this "Agreement to Arbitrate and Class Action Waiver" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).LearnFormula Instructor Agreement
This Instructor agreement was last updated on January 8, 2025.
These Instructor Terms & Conditions outline the conditions under which individuals or organizations participate as 'Instructors' on LearnFormula. By completing Your Instructor Profile and providing LearnFormula with 'Submitted Content', you agree to these terms incorporated into LearnFormula's Terms of Use. These terms constitute an Agreement between You and LearnFormula (the 'Parties').
This agreement is legally binding and governed by the laws of Ontario, Canada.
Any version of these Instructor Terms & Conditions in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
For inquiries:
- Related to working as an Instructor: instructors@learnformula.com
- Related to support or technological issues: support@learnformula.com
- Related to accreditation & continuing education: accreditation@learnformula.com
Definitions
Instructor, Student, and Course Definitions
"Instructor": An 'Instructor' on LearnFormula is a person or an organization that has created an Instructor Profile and that provides Submitted Content to LearnFormula to be adapted into, or reproduced as, 'Courses' on LearnFormula's 'Platform' or 'Marketplaces'.
"Submitted Content": 'Submitted Content' comprises educational resources or materials submitted by a User to LearnFormula for adaptation or reproduction to form a 'Course' to be hosted on LearnFormula's 'Platform' or 'Marketplaces'. Submitted Content may include audio and video recordings, graphics, coursebooks, text publications, written or supplementary materials, quizzes, examinations, and other materials. 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 Canadian, US and foreign copyright and other intellectual property laws.
"Student": A "Student" is a customer or user who has purchased or has otherwise been issued a 'Course License' to a 'Course' on LearnFormula.
"Course": A "Course" on LearnFormula is a digital product adapting or reproducing Submitted Content hosted on LearnFormula's Platform.
Related Terminology
- 'Access': 'Courses' can be accessed in different ways depending on their 'Publication Status' and the 'Course License' of a user. Courses can have a 'Publication Status' of 'Draft', 'In Review', 'Rejected', 'Published', or 'Deleted'.
- 'Course Onboarding': the process by which Submitted Content is uploaded to LearnFormula's Platform and adapted or reproduced to create a 'Course'. Instructors can onboard Courses themselves, though LearnFormula may also elect to offer onboarding as a service. Please contact instructors@learnformula.com to request assistance with onboarding.
- 'Draft' Status: Courses in 'Draft' Status are in the process of being onboarded and are only available to be accessed by LearnFormula's Content Moderation, Instructor Management, and Accreditation departments as well as the Instructor of the Course. They are not publicly available for viewing or for sale.
- 'In Review' Status: Courses that are 'In Review' are those that have been onboarded and are being reviewed by LearnFormula's Content Moderation team prior to determining if they will be published or require adjustments before publication. Courses that are 'In Review' are only available to be accessed by LearnFormula's Content Moderation, Instructor Management, and Accreditation departments as well as the Instructor of the Course. They are not publicly available for viewing or for sale.
- 'Rejected' Status: Courses that are 'Rejected' are those that have been reviewed by LearnFormula's Content Moderation team and have been rejected in their current form. Instructors will receive a notification if their course has been 'Rejected'. Courses that are 'Rejected' are only available to be accessed by LearnFormula's Content Moderation, Instructor Management, and Accreditation departments as well as the Instructor of the Course. They are not publicly available for viewing or for sale.
- 'Published' Status: Courses that are 'Published' are those that have passed LearnFormula's review process and have been published by LearnFormula's Content Moderation team. Only courses that are 'Published' are publicly available for sale: each Published Course has a 'Landing Page' associated with it that is viewable by potential Students on each Marketplace where the Course is available. The 'Landing Page' contains information such as the Course's title, description, learning objectives, Market Price, speaker and author information, available accreditations, preview videos, and so on. The core educational content of a course such as video(s) or text component(s), quizzes, exams, supplementary materials, etc. is only available to Students who possess a 'Course License', whether via 'Individual' or 'Package' methods of purchasing or via manual enrollment by LearnFormula.
- 'Deleted' Status: Courses that are 'Deleted' are those that have been completely removed from LearnFormula's platform and can no longer be accessed by anyone, including LearnFormula.
- 'Course License': When a Student purchases a Course or is otherwise enrolled in a Course, they purchase a 'License' to the Course that provides them with private access to the educational content of the Course, such as their video or text modules as well as associated evaluations, supplementary materials, and any other elements that constitute the educational content of the Course. Each Course License is only valid for a definite, finite period (ranging from 1 to 3 years). A Student who purchases a Course License is entitled to complete the course at any time throughout the duration of the Course License. A Course License entitles a Student to complete the Course even where the status of the Course is not 'Published' unless the Course is Deleted.
'Course Speaker(s)' / 'Course Author(s)': A Course 'Speaker' or 'Author' is an individual who is represented in Submitted Content or Courses as contributing to the educational content of the Submitted Content or Course, and may be distinct from the Instructor of the Submitted Content or Course. Speakers or Authors must be recognized as subject matter experts in their respective professions or industries by qualifications, credentials, expertise, education, training, knowledge, or skill sets. Course Speakers or Authors and a description of their professional qualifications may be featured on the Landing Pages of Courses that they have contributed to.
"Best Practices": means a voluntary checklist for Instructors when onboarding or hosting Courses on LearnFormula to maximize exposure in search ranking on the platform.
Platform Definitions
'LearnFormula's Platform': this refers to LearnFormula's main website (https://learnformula.com/), sub-domain websites (e.g. https://project-management.learnformula.com/) or affiliated websites (e.g. https://cpdformula.com/).
"Market" or "Marketplace": means a LearnFormula sub-domain website that sells continuing education or professional development Courses to a particular occupation in a specific location. Each Market is designed with the intention that each Course in its library is fully aligned with the standards set by the professional associations or regulators that govern continuing education or development for that occupation and average pricing is determined by industry demand and competition. An example of a LearnFormula Market or Marketplace would be https://cpdformula.com/ (this Market/Marketplace is specifically dedicated to Canadian CPAs, and all Courses meet the conditions governing continuing professional development that are set by national and provincial CPA regulatory bodies), or https://cle.learnformula.com/ (this Market/Marketplace is specifically dedicated to US Attorneys or Lawyers, and Courses meet the accreditation standards governing continuing legal education that are set by state associations or Bar organizations governing each State). A full list of LearnFormula Markets or Marketplaces is available via our main domain website, https://learnformula.com/.
"Accreditation": means the process by which a Course is recognized as 'valid' for continuing education or professional development credits by the regulatory body that oversees a given occupation or profession in a given location. Where Courses are not 'accredited' or do not meet 'accreditation requirements', they cannot be taken or sold for continuing education or professional development credits. The standards and procedures for accreditation differ across professions and jurisdictions. LearnFormula's Accreditation Department oversees accreditation compliance for all Courses on the LearnFormula platform. Where LearnFormula pursues accreditation as a service to an Instructor, LearnFormula assumes the associated costs. LearnFormula pursues accreditation as a service for Instructors at its discretion and as far as is economically viable to drive the highest volume of sales. If, as an Instructor, you have already achieved accreditation for your Courses from a regulatory organization, this accreditation can be represented to students on a Market by becoming listed as an 'External Provider'.
'External Provider(s)': External Provider(s) are Instructors that have achieved accreditation for their Courses independently of LearnFormula and elect to represent these accreditations to Students on LearnFormula. External Provider(s) agree to perform any responsibilities associated with the accreditations they represent on LearnFormula for any Course License that is purchased for their Courses. LearnFormula will supply External Providers with the required tools, services, and records necessary to facilitate the responsibilities they assume pertaining to their accreditations, such as attendance records, custom certificates with External Provider accreditation information, and so on. Inquiries about accreditation standards, procedures, or requests to become listed as an 'External Provider' should be sent to the Accreditation Department at accreditation@learnformula.com.
Pricing and Promotional Policy Terms
"Base Price": is the typical price of the Course when sold individually (as not part of a 'Package'), and is set by LearnFormula in collaboration with the Instructor.
"Base Currency": means the currency of the Base Price.
"Base Exchange Rate": means a system-wide rate used by LearnFormula for foreign currency conversion and does not include any fee or markup by LearnFormula. The rate is established using one or more third parties and is fixed periodically. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
"Market Price": is the publicly advertised price of a Course when sold individually (as not part of a 'Package'), and is a product of the Base Price subject to any modifiers or multipliers depending on the 'Market' in question and any promotional policies enacted by LearnFormula.
"Sale Price": means the actual sale price for the Course when a Student purchases a Course License. The "Sale Price" is determined based on the "Market Price" as well as any individual sales promotions or discounts offered by LearnFormula. When the Sale Currency is different from the Base Currency, LearnFormula will determine the Sale Price based on the applicable Base Exchange Rate.
"Sale Currency": means the currency of the sale. This is determined by the country of origin of the User purchasing the Course.
"Package"/"Bundle"/"Certificate Program": means a collection of Courses that are sold together at a singular price, determined by LearnFormula following market or industry demand. Where a Student purchases a Package, Bundle, or Certificate Program, they receive Course License(s) for all Courses that are a part of that Package, Bundle, or Certificate Program, and these Course License(s) are valid for the period set for the Package, Bundle, or Certificate Program (between 1 to 3 years, depending on the Package, Bundle, or Certificate Program). Courses that are sold as part of packages sell at a discounted Sale Price that partially corresponds to the Base Price. See the Instructor Revenue Policy (below) for further details.
"Package Price" / "Bundle Price" / "Certificate Program Price": the price of a Package, Bundle, or Certificate Program is determined by LearnFormula following market or industry demand.
"Instructor Revenue": shall mean the Net Amount less any refunds paid, as subject to the Instructor Revenue Policy (below).
"Gross Amount": means the amount received by LearnFormula for purchases by Students for Your Course.
"Net Amount": means Gross Amount, less (1) Taxes; (2) for web sales, a three percent (3%) administrative and handling fee, and (3) any amounts paid in connection with LearnFormula's Marketing Programs if You choose to opt-in (as further described below).
Payment Scenario Terms
"Individual Course Purchase": In this scenario, a student has found the Course organically or as a result of LearnFormula's advertising or marketing efforts to draw Students to one of LearnFormula's marketplaces and has purchased a Course License directly for this particular Course by accessing its Landing Page. The Instructor of a Course that is purchased via an Individual Course Purchase will receive a payment for the Course License after the Student starts the Course subject to the refund policy, at the set Instructor Fee (approximately 50% of the Course revenue, as explained in the Instructor Revenue Terms below).
"Package Sale/Purchase", "Bundle Sale/Purchase", "Certificate Program Sale/Purchase": In this scenario, a student has purchased a Package, Bundle, or Certificate Program either organically or as a result of LearnFormula's advertising or marketing efforts. The Instructor of a Course that is purchased via a Package, Bundle, or Certificate Program Purchase will receive a payment for the Course License after the Student starts the Course subject to the refund policy, at the set Fee Per Package Sale (approximately 50% of the Course revenue, as explained in the Instructor Revenue Terms below).
Instructor Agreement & Revenue Policy
1. Content Adaptation & Licensing
As an Instructor, You hereby grant LearnFormula a worldwide, non-exclusive license to adapt and reproduce Your Submitted Content as Courses on LearnFormula's Marketplaces, and to distribute, publicly perform, offer, market, advertise, and sell Your Courses at LearnFormula's discretion. As part of this license, LearnFormula may elect to pursue any necessary or desirable accreditations for Your Courses, with LearnFormula bearing the normal costs associated with accreditation. Insofar as LearnFormula successfully obtains accreditation for Your Courses, LearnFormula may be listed as the 'provider' or 'sponsor' of credits in the jurisdiction or for the profession for which it achieves accreditation.
You hereby agree that LearnFormula may record all or any part of Your Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating, or operating the Services. You hereby permit LearnFormula to use Your name, likeness, image, or voice in connecting with offering, delivering, marketing, promoting, demonstrating, and selling the Services, Courses, and Submitted Content, and waive any rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.
As an Instructor, you acknowledge and agree that Your Course(s) will not be published on LearnFormula's platform or Marketplaces without approval and that LearnFormula will only adapt or reproduce Your Submitted Content and publish any resulting Courses at its discretion. You may be notified of LearnFormula's refusal to publish Your Courses or adapt or reproduce Your Submitted Content.
The exact parameters of 'Submitted Content' will be determined by You in collaboration with LearnFormula. Submitted Content may include audio and video recordings, graphics, coursebooks, text publications, written or supplementary materials, quizzes, examinations, and any other materials necessary or desirable for the Courses adapted or reproduced from Submitted Content to satisfy applicable standards, requirements, and sales purposes.
Nothing in this Agreement will cause ownership of any Intellectual Property to change from one person or entity to another. The Intellectual Property of Courses adapted or reproduced from your Submitted Content belongs to You.
2. Term and Termination
The term of Your Agreement with LearnFormula is indefinite and can be terminated by You at any time by contacting instructors@learnformula.com. LearnFormula also reserves the right to terminate this Agreement at any time and will notify You by email if this decision is made. If and when this Agreement is terminated, LearnFormula will automatically change the status of Your courses to Draft Status, thus barring any new Students or customers from obtaining Course Licenses or access to Your content. Associated Landing Pages will also be removed from Marketplaces, meaning that your Courses will not be publicly accessible to any Students or potential customers. Students with pre-existing Course Licenses to Your Courses will be able to access Your Courses for as long as their Course Licenses last (from 1 to 3 years). You agree that Students who have purchased a Course License to any of Your Courses are entitled to complete them for the duration of their Course License. If acting as an External Provider, you further agree that you will fulfill any responsibilities pertaining to the accreditation of Your Courses even if you terminate your Agreement with LearnFormula for the duration of any Course Licenses purchased for your Courses before the date the termination of Your Agreement with LearnFormula is officially received and acknowledged. After the final Course License to your Courses has expired, LearnFormula will delete your Courses.
3. Relationship With Students
As an Instructor, You agree that You do not have any direct contractual relationship with Students. The only information You will receive about Students is what is provided to You through the Services ("Student Related Data").
4. Confidential Information
In the performance of this Agreement, the Parties may disclose or receive confidential information. Confidential information is any information not generally known to the public whose disclosure could reasonably be expected to harm either Party's business interests. Confidential information includes but is not limited to, content creation guidelines and other internal policies and practices, customer lists, sales leads, financial information, unreleased content in development, trade secrets, and user data (financial or personally identifiable information pertaining to any customer or constituent of You or LearnFormula, except where necessary to facilitate 'External Provider' responsibilities). Any information that has become disseminated without either Party's fault or breach of contract will not be considered confidential information.
Each Party agrees that it will not disclose or disseminate the other's confidential information, except as reasonably necessary to perform this agreement (and then only to those officers, agents, and employees of the receiving party with a reasonable need to know), as required by law, or as permitted beforehand in writing by the disclosing party. If anyone seeks to compel the disclosure of confidential information in any governmental, legal, or administrative proceeding, the receiving party agrees to give the disclosing party reasonable prior notice so that the disclosing party can participate in that proceeding at its own expense.
5. Indemnification
With respect to any issues arising from LearnFormula's platform and not Your Content, LearnFormula agrees to indemnify and hold harmless You and your agents, successors, constituents, and assigns from any and all liability arising from any lawsuit relating to accessibility or any negligent, reckless, or willful misconduct by LearnFormula's agents or employees on its own platforms. With respect to any issues arising from Your Content or Your use of any Student Related Data, you agree to indemnify and hold harmless LearnFormula and LearnFormula's agents, successors, and constituents, and assign from any and all liability arising from any lawsuit relating to negligent, reckless or willful misconduct by You, Your agents or employees.
6. Governing Law
This Agreement shall be construed according to the laws of the Province of Ontario, Canada, without regard to this jurisdiction's choice-of-law principles.
7. Waiver
Any Party's forbearance to exercise any right or remedy afforded by this Agreement shall not be considered a waiver or forfeiture of that Party's ability to exercise such right or remedy on any future occasion.
8. Damages and Remedies
With respect to any breach of this Agreement's confidentiality provisions, the disclosing party shall be entitled to any and all available legal and equitable relief, including damages or injunctive relief. With respect to any other material breach of this Agreement, and apart from any indemnification obligations, damages shall be limited to the total amount that the breaching Party has received pursuant to the revenue-sharing arrangement set forth in this agreement (see Instructor Revenue Policy), approximately the time of the breach.
9. Representations and Warranties
Each Party represents and warrants that it has full authority and capacity to enter this Agreement.
10. Instructor Obligations
As an Instructor, You represent, warrant, and covenant that:
- You will visit LearnFormula.com and complete Your Instructor profile with accurate information. By completing your Instructor profile you agree to accept all instructor-related terms and agreements;
- You will be responsible for all of Your Submitted Content. You further agree that You own or have the necessary licenses, rights, consents, and permissions, and the authority to authorize LearnFormula, 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 and through the Services in the manner contemplated by these Instructor Terms;
- No Submitted Content shall infringe or misappropriate any intellectual property right of a third party;
- You or the Speaker(s) or Author(s) represented in Your Submitted Content have the required qualifications, credentials, expertise, education, training, knowledge, and skill sets, to teach and offer the services You offer on Your Course and through the Services;
- You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous content or information;
- 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 Services or to any User;
- You will not use the Services for any business other than for providing tutoring, teaching and instructional services to Students;
- You will not engage in any activity that will require LearnFormula 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, distribute, reverse engineer, deface, tarnish, mutilate, hack, or interfere with Company Content and/or the Services or operations thereof, except as permitted in these Instructor Terms;
- You will not frame or embed the Services in a manner to embed a free coupon version of your Course or other similar functionality intended to circumvent the Services;
- You will not impersonate another person or gain unauthorized access to another person's Account;
- Your use of the Services is subject to LearnFormula's approval, which We may grant or deny in Our sole discretion;
- You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services;
- You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;
- You will maintain accurate Account information;
- You or the Speaker(s) or Author(s) of Your Submitted Content shall respond promptly to Students who have inquiries regarding the educational information represented by Your Submitted Content and ensure a quality of service commensurate with the standards of Your industry and instruction services in general;
- You are over the age of 18 or, if not, you are between the ages of 13 and 17 and a third party parent or legal guardian has agreed to these Instructor Terms, as well as all other of Our terms and policies as shall be posted on Our Services from time to time, and will assume responsibility and liability for Your performance and compliance hereunder.
11. Content Policy and Visibility
Your Content must be current, effectively designed, and accurate. Submitted Content must be developed by or in collaboration with a subject matter expert. Where the Instructor is distinct from the subject matter expert(s) that have contributed to the educational content of Submitted Content, LearnFormula must be able to feature the subject matter expert(s) on Course Landing Pages as Course Speaker(s) or Course Author(s), along with a short description of their professional qualifications. In order to be published, Your Submitted Content must be based on learning objectives and outcomes that are relevant to prospective participants in the Courses adapted or reproduced from Your Submitted Content.
Priority for search rankings will be based on compliance with as many Course marketplaces as possible. It is your responsibility as an instructor to comply with the LearnFormula best practices relating to the accreditation of your content. In other words, we reserve the right to drive less traffic to your Courses that are not compliant in several markets, or those in which you are not in compliance with best practices for accreditation.
12. Instructor Revenue Policy
As an Instructor, You agree to the following Instructor Revenue Policy.
Overview
LearnFormula will absorb all costs associated with adapting, reproducing, onboarding, reviewing, hosting, marketing, and advertising Your Submitted Content or Your Courses. Where LearnFormula further elects to pursue accreditation for Your Courses, LearnFormula will similarly absorb all associated costs and responsibilities (e.g. formal application fees, course attendance fees, credit reporting, certificate generation, etc.). As an Instructor, You will pay no fee to create and host Courses on LearnFormula.
The Parties agree that the sale of Your Courses by LearnFormula will operate under a revenue share agreement, where You will receive a fee payment of approximately 50% of the actual revenue for each sale of Your Courses. The fee payment will depend on which possible payment scenario the sale of Your Course falls under (defined below), as well as the agreed upon 'Pricing Matrix' which determines the standalone 'Base Price' of Your Courses (as well as the corresponding Instructor Fee and Package Fee to be paid to You) when hosted and sold on LearnFormula.
You agree to be enrolled in all marketing programs of LearnFormula's choosing and design but have the right to opt-out immediately by contacting an Instructor Manager (instructors@learnformula.com) or LearnFormula's Support Team (support@learnformula.com).
Refund Policy & Payment Processing
When you create Your Instructor Profile, You will have access to Your Instructor Dashboard where You will see all of Your Course sales that have passed the refund window. In order to receive payments from LearnFormula, You must register with 'Stripe' and link Your Instructor Account to Your Stripe profile.
You will be paid for each Course License subject to the refund policy. As an Instructor, you acknowledge and agree that Students have the right to receive a refund subject to the refund policy. The refund policy is provided on Section 11 of LearnFormula's Terms of Use. Once a Student has either completed Your Course or the refund policy no longer applies, the resulting payment for Your Course will appear as a 'pending payment' in Your Instructor Dashboard. Once a cumulative minimum of \$50 of 'pending payments' has been reached, You may request a payout which will be processed in 1-2 business days. This payment will be processed via Stripe and the payment will be sent to the bank account or financial institution you have elected to connect with your Stripe profile. There is no maximum size imposed on the payout that You may request, nor is there a limit to the number of payouts You can request, nor is there a limit to the frequency with which You can request and subsequently receive payouts.
In the event that a Student requests a refund for a Course after LearnFormula has sent You payment for that Course, LearnFormula reserves the right to either (1) deduct the amount of such refund from the next payment to be sent to You, or (2) require that Instructor to refund any amounts refunded to Students for Your Course to the extent no additional payments are due from LearnFormula to Instructor or such payments due to You are insufficient to cover the amounts refunded to Students.
As an Instructor, You are responsible for determining whether You are eligible to be paid by a Canadian Company. You also understand and agree that You are responsible for any taxes on Your income. LearnFormula reserves the right to withhold payment if You do not provide proper tax documentation.
Pricing
You agree to charge only for Your own Submitted Content, and You may not charge separately for any Course add-ons such as downloadable PDFs or other content and services (such as providing a link to a third-party service). LearnFormula will handle billing and other fee interactions with Students.
As part of Your participation on LearnFormula, You grant LearnFormula permission to share Your Course and information about You and the Course with LearnFormula employees and selected partners, for which You will not receive compensation.
There are three possible pricing scenarios.
The 'Base Price' of a Course is the typical, standalone price of Your Course on LearnFormula's platform. You will set this price in collaboration with LearnFormula, and it will remain fixed according to the Pricing Matrix you set in collaboration with LearnFormula. You can suggest a Base Price by going to the Price Edit screen in Your Instructor Profile.
The 'Market Price' of a Course is the standalone price of Your Course when it is viewed via the Landing Page for that Course via the particular Marketplace(s) on which it is featured. The Market Price of Your Course is a function of the Base Price of Your Course subject to any modifiers or multipliers set across the Marketplace by LearnFormula, subject to certain restrictions and conditions. The Market Price of Your Course may vary across the Marketplaces on which it is featured.
The 'Sale Price' of a Course is what an individual Student pays for a Course License for Your Course, subject to any individual modifiers or multipliers on the Market Price of Your Course (via e.g. discounts offered to particular students) as well as differences in the payment scenario.
These pricing scenarios relate to one another in the following manner: The Base Price and Market Price are typically identical except in instances where LearnFormula elects to engage in promotions (e.g. temporary market-wide discounts) or market multipliers (e.g. price discounting so that market-level pricing is competitive depending on the industry or jurisdiction). In these instances, while Your Course may have a Base Price of e.g. \$59 USD for two Credit Hours, a 10% discount offered across a Marketplace on which it is featured would bring the Market Price of Your Course to \$53.10. This does not affect the Fee Payment to You, as explained below.
The Sale Price of a Course will depend on the particular scenario of the purchase of a Course License. Assuming that a Course License is purchased via an Individual Course License Purchase, the Sale Price and Market Price will only diverge in the event that LearnFormula elects to offer individual promotions or discounts for particular Students. However, variances between the Base Price, Market Price, and Sale Price do not influence the Instructor Fee that You will receive, as explained further below.
Payment Scenarios
"Individual Course Purchase": In this scenario, a student has found Your Course organically or as a result of LearnFormula's advertising or marketing efforts to draw Students to one of LearnFormula's Marketplaces and has purchased a Course License directly for this particular Course by accessing its Landing Page. You will receive a payment for this Course License subject to the refund policy, at the set Instructor Fee, subject to the Pricing Matrix You have agreed upon in collaboration with LearnFormula via Your Instructor Manager or other authorized representative of LearnFormula.
"Package Sale/Purchase", "Bundle Sale/Purchase", "Certificate Program Sale/Purchase": In this scenario, a student has purchased a Package, Bundle, or Certificate Program where Your Course was featured, either organically or as a result of LearnFormula's advertising or marketing efforts. You will receive a payment for the Course License issued to the Student subject to the refund policy, at the set Fee Per Package Sale, subject to the Pricing Matrix You have agreed upon in collaboration with LearnFormula via Your Instructor Manager or other authorized representative of LearnFormula. Package prices are set by LearnFormula and vary according to the number of Credit Hours within the package as well as market demand.
Pricing Matrix
As part of this Agreement, You agree that Your Courses will have a fixed 'Base Price' determined by a Pricing Matrix that will be agreed upon between You and Your Instructor Manager (or another authorized representative of LearnFormula). The Parties agree that the pricing matrix will determine the Instructor Fee and Fee Per Package Sale (and thus, revenue) that You receive in differing payment scenarios. Any deviations in the Base Price from this Pricing Matrix that would require an adjustment in the Instructor Fee to ensure that You receive approximately 50% of the revenue of an individual, standalone purchase of Your Courses will be jointly agreed upon by both Parties via written communication (e.g. via email).
Your Courses will have a Base Price set according to a Pricing Matrix (an example will be provided below). The Parties Agree that Your Courses will have a set Instructor Fee which will be fixed at 50% of the Base Price set for Your Courses per Credit Hour. Every time Your Course is sold under an Individual Course Purchase, you will receive this Instructor Fee in full (subject to the refund policy and net of credit card fees). This fee will be paid to You irrespective of whether LearnFormula elects to engage in promotional marketing efforts on an individual basis that would lower the Market Price of Your Courses, thus ensuring that any marketing or promotional efforts that may render Your Course more competitive in order to increase the volume of sales will not result in a revenue share lower than 50% for You. As part of this Agreement, both Parties agree that the Base Price of Your Courses will not be raised by LearnFormula without a corresponding rise of the Instructor Fee so that it always corresponds to 50% of the Base Price.
Packages, Bundles, and Certificate Programs have an average price that depends on the marketplace in which they are sold, their length, and a variety of other considerations pertaining to marketing promotions (e.g. varying jurisdictional continuing education compliance requirements, marketing and promotional program testing in the form of certificate programs or 'featured topics' packages pertaining to specific practice areas, etc.). The payment allotted to You when a Course License is purchased for Your Course as part of a Package, Bundle, or Certificate Program sale is determined by taking a fixed percentage of the Instructor Fee assigned to You (according to the Pricing Matrix) to ensure that You receive approximately 50% of the revenue generated from the sale of Your Course within a Package, Bundle, or Certificate Program. This Fee Per Package Sale is always paid to You when a Course License is purchased for Your Course as part of a Package, Bundle, or Certificate Program, regardless of whether the actual revenue of Your Course is slightly higher than average (in the event that the Package of which it is part is of a price that is higher than average or contains a lower total number of Credit Hours than average) or slightly lower than average (in the event that the Package of which it is part is of a price that is lower than average or contains a higher total number of Credit Hours than average). This ensures that the Fee Per Package Sale paid to You is approximately 50% across the board, but also that You can rely on consistency in the fees that are paid out whenever e.g. package promotions or discounts offered by LearnFormula would make the actual revenue of Your Course within a Package (or Bundle or Certificate Program) lower than it otherwise would be when compared against the average revenue of a Course within a Package (or Bundle or Certificate Program). You may elect to be removed from Package (or Bundle or Certificate Program) promotions on written notice to instructors@learnformula.com or to Your Instructor Manager, on the understanding that this will likely negatively impact the volume of sales of Your Courses.
Illustration
Assuming that the average price of a Package on the Marketplace on which Your Courses are featured is \$299 with an average duration of 27 Credit Hours; the average revenue of a Course in Packages on this Marketplace is \$11 per Credit Hour. Under this scheme, assume that the following Pricing Matrix is set and agreed upon between You and LearnFormula:
Credit Hours | (Example) Course Base Price | (Example) Instructor Fee | (Example) Fee Per Package Sale |
---|---|---|---|
1 | $44 | $22 | $5.5 |
1.5 | $51 | $25.5 | $8.3 |
2 | $59 | $29.5 | $11.1 |
2.5 | $66 | $33 | $13.8 |
3 | $73 | $36.5 | $16.6 |
3.5 | $96 | $48 | $19.4 |
4 | $110 | $55 | $22.1 |
4.5 | $118 | $59 | $24.9 |
5 | $133 | $66.5 | $27.7 |
5.5 | $140 | $70 | $30.5 |
6 | $170 | $85 | $33.2 |
6.5 | $177 | $88.5 | $36 |
7 | $199 | $99.5 | $38.8 |
7.5 | $207 | $103.5 | $41.5 |
8 | $221 | $110.5 | $44.3 |
Under the above Pricing Matrix, the Base Price of Your Course where it is 1 Credit Hour would be set to \$44. Your Instructor Fee would be set to \$22 for 1 Credit Hour, and Your Fee Per Package Sale would be set at \$5.50 for 1 Credit Hour. The Instructor Fee and Fee Per Package Sale will be fixed according to the number of Credit Hours each Course is worth.
For the purpose of illustration, assume that one of Your Courses is purchased as an Individual Course Purchase and is worth 2 Credit Hours. You would receive \$29.50 for this Course License, regardless of whether LearnFormula elects to engage in any marketing or promotional activities that would bring the Market Price or Sale Price of Your Course below \$59 for 2 Credit Hours. For instance, assume that LearnFormula engages in a Marketplace-wide '10%' discount to customers. Even though a customer may purchase Your Course at \$53.10 (where 10% off the Base Price would determine the Market Price), You would still receive \$29.50 as per the Pricing Matrix. Similarly, assume that LearnFormula offered the particular customer a 20% discount - even though the Sale Price of Your Course would be \$47.20 in this instance, you would receive \$29.50 as per the Pricing Matrix.
For the purpose of illustration, assume that one of Your Courses is purchased via a Package Sale and that it is worth 1 Credit Hour. The average revenue of a Course in a Package on this Marketplace (as mentioned above) is \$11, and Your Fee Per Package Sale is set at \$5.50 for 1 Credit Hour (corresponding to 50% of the average revenue generated). You will receive Your Fee Per Package Sale of \$5.50 regardless of whether the actual revenue of Your Course in the Package of which it is a part is lower than \$11. For instance, assume that the Package is sold at \$199 for 27 Credit Hours. Even though the actual revenue of Your Course within this Package would be \~\$7.37 and thus 50% of the revenue would be \~\$3.68, You will still receive Your Fee Per Package Sale of \$5.50.
13. Best Practices For Course Compliance
As an Instructor, You acknowledge that LearnFormula will publish as well as pursue accreditation for Your Courses at its own discretion, and will typically reject publishing or pursuing accreditation for Courses that do not meet the requirements specified in the checklists below.
Requirement | Checklist | Details |
---|---|---|
Course Description | ⬚ Course Description | A 1-2 paragraph description of your Course that describes its subject matter, what happens in the Course, unique details pertaining to the way it is taught, etc. |
Learning Objectives | ⬚ Learning objectives | Let students know what they'll have achieved by the end of the Course. Add learning objectives to your Course. These Objectives should be relevant, testable, and very specific (e.g. "Be able to explain the role of an angel investor"), rather than broad (e.g. Gain an understanding of finance). |
Knowledge level and prerequisites | ⬚ Knowledge Level⬚ Prerequisites⬚ Advanced Preparation | Let students know if they need any preparation for the Course. Please add the knowledge level, Course prerequisites and advanced preparation. |
Field of Study | ⬚ Field of Study | Provide between 1-3 Fields of Study for your Course, describing the Course content in one or two words (e.g. Financial Accounting). |
Detailed curriculum | ⬚ Detailed curriculum | Make it easy for students to navigate through your Course by providing an outline of the Course, including titles of the major sections or segments along with a few details about what is discussed. |
Speaker Biographies | ⬚ Speaker Biographies | If your Course features speakers or authors other than yourself, they must be added as 'speakers' to the Course. A headshot image of them must be supplied, along with a 1-2 paragraph description of the professional background that makes them eligible to teach the elements of your Course that they have taught. |
Below are additional requirements depending on the Market to which your Course is relevant.
Engineering, Architecture, or Construction Courses:
Requirement | Checklist | Details |
---|---|---|
Final Exam | 5 Multiple Choice Questions / 50 Minute Segment | For engineering Courses, make sure to include some form of final exam in a multiple-choice question format. There should be at least 5 multiple-choice questions per 50-minute segment. |
(US Specific) Accounting - NASBA QAS Self-Study Courses:
Requirement | Checklist | Details |
---|---|---|
Glossary of terms | ⬚ Glossary of terms | You should provide a supplementary document in your Course, featuring a Glossary of terms (i.e. an alphabetical list of terms with definitions or explanations) that come up in your Course content. |
Quiz questions with feedback | ⬚ 3 questions / 50 minutes⬚ Multiple choice⬚ Detailed feedback | You must provide 3 quiz questions for every 50 minutes of Course content you provide. These questions should be multiple choice, not True/False. Quiz questions must also have detailed feedback. Evaluative feedback for each incorrect response must explain specifically why each response is wrong (e.g. writing "This is incorrect" or writing the correct answer as feedback is not accepted). Reinforcement feedback must be provided for correct responses (i.e. explain why the correct answer is correct). |
Final Exam | ⬚ 5 questions / 50 minutes⬚ Multiple choice⬚ Do not show question responses⬚ Passing grade of 70%⬚ Final exam assesses 75% of learning objectives | You must provide a Final Exam for your Course. There must be at least 5 questions for every 50 minutes of Course content. Questions should be multiple choice, not True/False. This should be uploaded in the same way as Quizzes, but should be titled Final Exam. You do not need to provide evaluative feedback for each correct/incorrect answer, as you do in the Review Quizzes. In the Quiz Editor, you should therefore unselect "Show question responses", as students should not receive feedback following Final Exam questions, and enter "70%" into the passing grade field. Lastly, the Final Exam must directly assess 75% of the stated Learning Objectives. For example, if you have 4 learning objectives stated, you must assess the students' knowledge of at least 3 of them. To indicate which questions are probing which Learning Objectives, you may write the Learning Objective in brackets following the relevant question (e.g. "What is an angel investor? [Learning Objective: Be able to explain the role of an angel investor]"). |
(US) Continuing Legal Education Courses (for Lawyers/Attorneys):
Requirement | Checklist | Details |
---|---|---|
Course Agenda | Course Agenda | Please provide a detailed schedule or agenda of the topics you cover in your Course, along with the approximate time each topic is discussed in the video components that make up your Course. |
Written Materials | Written Materials | A collection of materials, notes, or handouts must be provided with your Course. If your video Course is based on a PowerPoint or slideshow presentation, then the PowerPoint or slideshow can be uploaded as a Course Resource and will suffice as 'Written Materials'. |
Intellectual Property Policy
This Intellectual Property Policy was last updated on January 8, 2025.
Copyright
- Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements.
LearnFormula Inc. respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our instructors, students and other users of our website and services (the "Site") to do the same. Infringing activity will not be tolerated on or through the Site.
LearnFormula's intellectual property policy is to (a) remove material that LearnFormula believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Site, and (b) remove any Submitted Content posted to the Site by "repeat infringers." LearnFormula considers a "repeat infringer" to be any User who has uploaded Submitted Content to the Site and for whom LearnFormula has received more than two takedown notices. LearnFormula has discretion, however, to terminate the account of any User after receipt of a single notification of claimed infringement or upon LearnFormula's own determination.
- Procedure for Reporting Claimed Infringement.
If you believe that any content made available on or through the Site has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a "Notification of Claimed Infringement" containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
- Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
- Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LearnFormula to locate the material;
- Information reasonably sufficient to permit LearnFormula to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 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 owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement.
- Designated Agent Contact Information.
LearnFormula's Designated Agent for notices of claimed infringement can be contacted at:
- Via E-mail: support@learnFormula.com
- Counter Notification.
If you receive a notification from LearnFormula that material made available by you on or through the Site has been the subject of a Notification of Claimed Infringement, then you will have the right to provide LearnFormula with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to the Company's Designated Agent through one of the methods identified above, and include substantially the following information:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which Company may be found, and that the subscriber will accept service of process from the person who provided notification above or an agent of such person.
A party submitting a Counter Notification should consult a lawyer to confirm the party's obligations to provide a valid counter notification under the Canadian Copyright Act.
Trademarks
Procedure for Submitting a Trademark Infringement Notice
The fastest and easiest way to submit a claim of trademark infringement to us is to send a notice containing the following information to support@learnFormula.com.
Please note that a copy of your notice will be sent to the party who posted the content you are reporting. Your communication must substantially include the following:
- Your complete contact information (full name, mailing address and phone number).
- The specific word, symbol, etc. in which you claim trademark rights.
- The basis for your claim of trademark rights (such as a national or community registration), including registration number, if applicable.
- The country or jurisdiction in which you claim trademark rights.
- The category of goods and/or services for which you assert rights.
- Information reasonably sufficient to permit us to locate the material on LearnFormula that you believe violates your trademark rights. The easiest way to do this is by providing web addresses (URLs) leading directly to the allegedly infringing content.
- A description of how you believe this content infringes your trademark.
- If you are not the rights holder, an explanation of your relationship to the rights holder.
- The following statement: "I have a good faith belief that use of the trademark as described above, in the manner complained of, is not authorized by the trademark owner, its agent, or the law."
- The following statement: "The information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed."
- Your electronic signature or physical signature.
Designated Agent Contact Information.
LearnFormula's Designated Agent for trademark infringement notices can be contacted at:
- support@learnFormula.com if done via email.