This Student Enrollment Agreement (“Enrollment Agreement”), is a binding agreement between you, the Student (“Student” or “you”), and The Institute for Human Identity (“IHI”) (collectively, the “Parties”). This Agreement sets forth the terms and conditions of your access to and use of the Intro to LGBTQ+ Competency course (the “Course”) offered by IHI, including but not limited to, IHI’s websites and apps. This Agreement becomes binding and effective upon the student’s acceptance, indicated by online acknowledgement of receipt of, and agreement to, the provisions of this Agreement.
The Parties hereto agree as follows:
1. ADMISSIONS CRITERIA: The Student shall have responsibility for review of the Program Description for the Intro to LGBTQ+ Competency course (available at https://ihicompetencycourses.thinkific.com, whether the Student self-enrolls or enrolls with the assistance of an admissions advisor or counselor.
2. TUITION: Tuition for the Intro to LGBTQ+ Competency course, including any applicable taxes, must be paid in full at the time of enrollment unless an alternative payment plan is offered by IHI and accepted by the Student. Tuition and fee charges are subject to change at IHI’s discretion.
3. COMPLETION REQUIREMENTS: In order to receive a Certificate of Completion and/or the four continuing education credits (if applicable), the Student must successfully complete the program within six months following the date on which the Student enrolls in the Course, and tuition must be paid in full before the Student can receive a Certificate of Completion and/or continuing education credits (if applicable).
4. COURSE CANCELLATION POLICY: The Student may request the Student's enrollment be canceled within twenty-four (24) hours following the Student’s enrollment in the Course.
5. REFUND POLICY: Students can withdraw from the Course within twenty-four (24) hours following the Student’s enrollment in the Course. For refunds requested within twenty-four (24) hours following the Student’s enrollment in the Course, one hundred percent (100%) of the tuition amount shall be refunded, provided no more than fifty percent (50%) of the program has been completed. Refunds shall be issued to the Student within twenty (20) days following the deactivation date of the program. Refund requests must be made through email by the Student. No refunds shall be available after the first twenty-four (24) hours following the Student’s enrollment in the Course.
6. TERM AND TERMINATION: This Enrollment Agreement shall become effective upon your acceptance of same and shall remain in effect until: you have paid all tuition and fees for the Course in which you are enrolled; you withdraw or are withdrawn from the Course; or your participation in the Course is suspended. If your participation in the Course is restored, you shall continue to enjoy your rights under this Enrollment Agreement.
The Student’s enrollment may be terminated for several reasons, upon IHI’s discretion, including failure of the Student to comply with IHI’s rules and policies, or failure to comply with the terms and conditions set forth herein. IHI may terminate the Student’s enrollment at any time for such violations, or take other action as IHI deems necessary. IHI further reserves the right to modify the rules and policies, and any such revisions will be posted online at https://ihicompetencycourses.thinkific.com/pages/terms.
IHI may terminate the Course at any time, for any reason. If a Course is terminated following your enrollment, but prior to your completion, you shall be entitled to a full refund of the tuition and fee amounts you have paid at the time of termination.
7. CONFIDENTIALITY: At times, students may be invited and encouraged to share personal and/or private information with others. You agree not to disclose this information to others. By sharing such information you acknowledge that IHI is not responsible for ensuring that others maintain the confidentiality of such information and you agree not to hold IHI liable or otherwise responsible for the disclosure of such information.
8. NON-COMPETE: You acknowledge that IHI has invested extensive resources into developing the Course. By enrolling in the Course, you gain access to confidential information that constitutes IHI’s proprietary materials and business methods. As a result, your use of this information to compete with IHI would be unfair and would violate IHI’s legitimate business interests. Accordingly, while enrolled in the Course and for a period of one (1) year from the completion date of the Course, you agree not to compete with IHI by providing the same or similar services as IHI provides, which include, but are not limited to, developing, designing, providing, marketing, or selling a course, curriculum, or materials relating to the subject matter of the Course (“Competitive Services”). Accordingly, you will not own an interest in, operate, serve as a director or officer for, and/or otherwise work (either as employee or independent contractor) for,a school or other organization that provides Competitive Services. You acknowledge and agree that these restrictions are reasonable and necessary to protect IHI’s legitimate interests, and that IHI would not have permitted you to enroll in the Course in the absence of your agreement to comply with such restrictions. Nothing in this paragraph shall prevent the Student from owning shares in a publicly-traded company that is registered on national exchanges or from coaching individual or group clients.
9. NON-DISPARAGEMENT: You agree not to disparage IHI or any of its officers, directors, or employees. For purposes of this section, “disparage” shall mean any negative statement, whether oral or written, whether in print or electronic form, including, without limitation, on any Internet site or web application such as Facebook, YouTube, Instagram, Twitter, chat forums, communities, and/or message boards. You acknowledge and agree that this provision is a material term of this Enrollment Agreement, and that IHI would not have permitted you to enroll in the Course in the absence of your agreement to comply with this provision. You further acknowledge that if it becomes necessary to commence legal action to ascertain your name from an anonymous post, you will be responsible for all legal and related fees and costs associated therewith.
10. COURSE TECHNOLOGY: The Course will be made available online. Information regarding the technology requirements necessary to participate in the Course are available at https://ihicompetencycourses.thinkific.com. Students are solely responsible for ensuring they have the appropriate hardware, software, Internet access, and/or other equipment necessary to participate in the Course. IHI may provide you with limited technical support to access the Course, but in no event will such support include providing desktop computer troubleshooting (i.e., computer freezes, browser problems), assistance with third-party websites, or support with non-IHI products.
11. INTELLECTUAL PROPERTY: You acknowledge and agree that the Course and any resources or materials relating to the Course, including all concepts, techniques, methods, handouts, materials and/or other information (collectively, the “Materials”) constitute the sole and exclusive property of IHI. You acknowledge that IHI has invested substantial resources in developing the Materials, and that the Materials constitute commercially valuable and confidential property of IHI. IHI reserves all ownership rights to the Course and Materials, including any copyrights, trade names, trademarks, trade dress, logos, or service marks therein. You agree not to reproduce, copy, duplicate, distribute, lend, sell, or otherwise transfer or disclose to any other individual or party, the Materials, without the express prior written consent of IHI, which such consent may be withheld in IHI’s sole and exclusive discretion. You agree to comply with any instructions and limitations regarding use of the Materials contained herein or otherwise provided to you by IHI.
Notwithstanding and subject to the foregoing, Students who are in full compliance with the Enrollment Agreement (“Licensee”) shall be granted a worldwide, royalty-free, non-exclusive, non-transferable, non-sublicenseable, revocable, license to access the Course and Materials for their own personal, non-commercial use, while enrolled in the Course (the “Student IP License”). Unless otherwise agreed to by IHI, you may not use any Materials for any other purpose including, but not limited to use on any websites, social media sites, other forms of online and offline media, or in connection or as part of any other materials owned or used by you or any other party. You agree to comply with any additional instructions and/or restrictions accompanying any Materials. IHI, in its sole discretion, may modify the Student IP License at any time, for any reason. By accessing the Course and/or using any Materials you shall be deemed to have accepted any changes to the Student IP License.
The Student IP License may be terminated if:
a) IHI or Licensee provide notice of termination, at any time, for any reason;
b) Licensee withdraws or is withdrawn or suspended from the Course;
c) Licensee violates any provision of the Enrollment Agreement or any other terms and conditions applicable to any products and services offered by IHI or its affiliates.
Upon termination of the Student IP License, for any reason, Licensee shall immediately cease and desist from using any of the Materials.
You grant IHI and its affiliates a worldwide, irrevocable, perpetual, royalty-free, nonexclusive, sub-licensable, transferable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish content you submit in connection with the Course (the “IHI IP License”). The IHI IP License applies to the distribution and the storage of your content in any form, medium, or technology now known or later developed. You acknowledge that, any content you would like to retain as your exclusive intellectual property, or that you wish to keep private, should not be posted or otherwise shared by you in connection with the Course.
12. NO GUARANTEE: EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IHI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE COURSE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IHI DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY PARTICIPATING IN THE COURSE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, NOT CONTAINED IN THIS ENROLLMENT AGREEMENT SHALL BE DEEMED TO BE A WARRANTY BY IHI.
13. GOVERNING LAW AND JURISDICTION FOR DISPUTES: This Agreement shall be construed and enforced in accordance with the laws of the State of New York, without regard to its conflict of law provisions which would require the application of the laws of another jurisdiction. Each party hereby consents to the jurisdiction of a state or federal court situated in New York City, New York in connection with any dispute arising hereunder, and waives to the fullest extent permitted by law its right to a trial by jury. To the extent that in any jurisdiction any party may now or hereafter be entitled to claim, for itself or its assets, immunity from suit, execution, attachment (before or after judgment) or other legal process, such party irrevocably agrees not to claim, and it hereby waives, such immunity.
14. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless IHI, its subsidiaries, and its affiliates, as well as their respective directors, officers, employees, contractors, partners, clients, and owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees and costs, (collectively or individually “Losses) insofar as such Losses arise out of or are based upon: your performance of, or failure to perform under the Enrollment Agreement, or any other agreement with IHI; your breach of any representation, warranty, or obligation under the Enrollment Agreement; your violation of the Student IP License or any other misuse of IHI’s intellectual property resulting from your acts or omissions; and/or your violation of any copyright, patent, trade secret, trademark, and/or other intellectual property right of any person. IHI shall have the option of assuming control over the defense and/or settlement of such claim, and you will reimburse IHI for all costs of defending the matter, including, without limitation, reasonable attorneys’ fees and costs; and you shall not settle any claim or action on behalf of IHI without first notifying IHI of all details related to such settlement, and receiving IHI’s prior written consent.
15. LIMITATION OF LIABILITY: In no event shall IHI’s liability arising out of or related to the Course or the Enrollment Agreement, whether in contract, tort, or any other theory of liability, exceed the tuition and fees paid by you and received by IHI at the time of the first instance of the event giving rise to the liability. Notwithstanding and subject to the foregoing, in no event shall IHI have liability to you for any indirect, incidental, punitive, consequential, exemplary, or special damages of any kind or nature however caused, whether in contract, tort, or any other theory of liability.
16. RELATIONSHIP OF THE PARTIES: This Enrollment Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between you and IHI. You do not have the authority (and shall not hold yourself out as having the authority) to bind IHI to any agreements.
17. FORCE MAJEURE: IHI is not responsible for delays or failures to perform its responsibilities under the Enrollment Agreement due to causes beyond IHI’s control, including but not limited to acts of God, acts of government, flood, fire, earthquakes, tornadoes, civil unrest, acts of terror, strikes or other labor problems, computer, telecommunications, internet service provider or hosting facility failures or delays involving hardware, software or power systems, Malicious Code, denial of service attacks, and inability to obtain energy.
18. SEVERABILITY: Any provision of the Enrollment Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating or otherwise affecting the remaining provisions of the Enrollment Agreement in that or any other jurisdiction.
19. ASSIGNMENT: You may not assign the Enrollment Agreement or any rights or obligations thereunder, whether by operation of law or otherwise, without the prior written consent of IHI, and any such unauthorized assignment by you shall be void. IHI may freely assign the Enrollment Agreement.
20. ATTORNEYS’ FEES: If either party to the Enrollment Agreement files a legal proceeding arising out of or relating to the Enrollment Agreement or the Course, the prevailing party (as adjudged by a court, arbitrator(s), or other fact-finder) shall be entitled to an award of all costs and expenses incurred in connection with such proceeding, including but not limited to, reasonable attorneys’ fees and costs and expert witness fees.
21. ENTIRE ENROLLMENT AGREEMENT: The Enrollment Agreement constitutes the entire agreement between you and IHI regarding the Course and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning the Course. No modification, amendment, or waiver of any provision of the Enrollment Agreement shall be effective unless in writing and signed by you and IHI. With respect to the Course, in the event of a conflict between the provisions of the Enrollment Agreement and any of the other agreements, the Enrollment Agreement shall control.
By clicking the agreement acknowledgement checkbox via the website, I agree to the conditions of this Enrollment Agreement.