Terms and Conditions
The following terms and conditions (“Terms & Conditions” or “Terms” or “T&Cs”) govern all use of the Lab Manager Academy website platform (the “Platform”), including any use or viewing of any Content (defined below), services, and products available at or through the Platform (collectively, “Services”), by Platform visitors and participants (collectively, “Users”). The Platform is operated by LabX Media Group Inc., with a business address 1000N West Street, Suite 1200; Wilmington, DE 19801, email email@example.com (“Lab Manager Academy” or the “Company”). The Services are offered to each User subject to such User’s acceptance of all of these Terms & Conditions and all other applicable terms and conditions, operating rules, policies, and procedures that are communicated from time to time on or through the Platform by Lab Manager Academy.
By browsing, accessing, or using any part of the Platform, including the registration by a Registered User to open an account (a “User Account”), a User agrees to be bound by these Terms & Conditions. If a User disagrees with or cannot follow these Terms & Conditions (in part or in whole), then such User should not browse or access the Platform, use any Services, or register to create a User Account.
The Content hosted on the Platform can be distinguished as follows (all such content, including Company created content and User Generated Content is referred to collectively herein as “Content”):
A. Lab Manager Academy Content: The Platform hosts its own Content, including articles, eBooks, webinars, and other items it creates.
B. Third-Party Content hosted on the Platform for free: The Platform hosts User Generated Content that is contributed by Registered Users (which User Generated Content is not controlled by the Company), which may include: non promotional articles, free directory listings, comments, and reviews.
1. Grant of License
1.1 In consideration of your payment, we hereby grant you a license to use the purchased Lab Manager Academy courses (“the Products”). This license is limited, revocable, non-exclusive, non-sublicensable and non-transferable, and is subject to the rights and obligations granted under these Terms. This license is personal to you and cannot be shared or exchanged with others.
2.1 We develop, distribute, and maintain the Products and will also provide you with log in details. We will also manage your access to the Products and provide support to you, where necessary.
2.2 You shall not copy, modify, transmit, distribute, or in any way exploit the Products or any other copyrighted materials provided other than for your individual training. Any other purpose is expressly prohibited under these terms. You shall also not permit anyone else to copy, use, modify, transmit, distribute, or in any way exploit the Products or any other copyrighted materials.
2.3 We provide the materials ‘as is’ and without any warranties, whether express or implied, except those that cannot be excluded under statute. We also do not warrant that the materials will be error free, including technical inaccuracies.
2.4 We will endeavour to allow uninterrupted access to your Content, but access to the courses may be suspended, restricted, or terminated at any time. We reserve the right to change, modify, substitute, or remove without notice any information in the material from time to time.
2.5 If you are inactive within the Platform for 30 consecutive days, you will receive written notification that you have an additional 15 days to log into the Platform. If you remain inactive for 45 consecutive days, your User Account will become inactive. To reactivate your account, you will need to email firstname.lastname@example.org to request reactivation.
3. User Registration with the Platform
3.1 Upon registering to the Platform, a Registered User creates: i) a User Account, including the above mandatory professional personal data and ii) a User Profile where each registered User can provide any personal data it wishes to voluntarily provide. More specifically:
3.1.1 “User Account”: is only used by the Platform for internal purposes (relationship between the User and Platform)—User Account data is not visible to other Users and is not transferred to any third party.
3.1.2 “User Profile”: is the profile that the User wishes to have in the Platform, which may be visible to other Users. Each User can decide what information to include in the User Profile and the extent such information will be visible to the public and other Users. However, note that for some actions it might be necessary to make the User Profile visible to other Users and reveal some User Profile data depending on the nature of the Content uploaded by the User (for example, data necessary for Content reliability and attribution purposes).
3.3 Each User Account and User Profile are personal and non-transferable. Each Registered User is responsible to retain the secrecy and non-disclosure of such User’s password from third parties. The Platform also highly recommends that a Registered User not allow the access and use of its User Account and User Profile by any third party and not to share their secret password with anyone else.
3.5 Any act and/or omission through the User Account (including, but not limited to, the posting of Content, reviews, comments etc., the provision of information in the User Account, the submission of a takedown notice, the submission of a purchase and/or payment order etc.) shall be reasonably considered by the Platform as the act and/or omission of the Registered User, conducted with the Registered User’s prior approval and shall be binding on that Registered User. Each Registered User is solely responsible for the safety of his/her User Account and User Profile as well as for any loss or damage occurred to the User and/or to a third party and/or to the Platform from the use of that User Account up to the moment the User explicitly notifies us, at email@example.com, of any unauthorized access and/or use of his/her Account or any other breaches of security. This notification applies for any subsequent use. Lab Manager Academy will not be liable for any acts or omissions by Users, including any damages of any kind incurred as a result of such acts or omissions and, where applicable, shall reasonably rely on the warranties and representations of the User referred to in 3.4.
3.6 Deletion of a User Account:
3.6.1 If a Registered User wishes to delete the Registered User’s applicable User Account, such Registered User may email the Platform at firstname.lastname@example.org with a request to delete the User Account. As soon as the User Account is deleted, the associated User Profile will also be automatically deleted. Following such a request, Lab Manager Academy will permanently delete the User Account, as well as any data contained in the User Account and in the User Profile and all Content the User has submitted to the Platform as a Registered User, within fifteen (15) days from the submission of the User’s deletion request. The provisions of article 9 below also apply.
3.6.2 A Registered User acknowledges that by submitting a request to delete the applicable User Account, Lab Manager Academy will permanently delete the User’s data and Content hosted in the Platform as well as any other data hosted in the applicable User Account on behalf of the Registered User and that such User will no longer be able to retrieve such information. The Platform shall not be liable for any damages caused from this deletion of the data and Content.
4. Access to the Content
4.1 Lab Manager Academy strives to provide uninterrupted Content to its customers. To that end, Lab Manager Academy will take all commercially reasonable efforts to provide uninterrupted access of the courses to its customers. However, from time to time, customers may be unable to access the courses due to conditions beyond Lab Manager Academy’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the courses to its customers, Lab Manager Academy will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term "commercially reasonable," as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel, or money.
4.2 Lab Manager Academy endeavours to provide the highest quality content to its customers. To that end, Lab Manager Academy reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Content in whole or in part, including, without limitation, availability, access and/or the Terms of this Content. Such changes, modifications, additions, or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes to the Lab Manager Academy site.
4.3 Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment, and internet service necessary for use of the site and Content.
5. Discussion Forums
5.1 All Users may read and post (as User Generated Content) comments on any Discussion hosted in the Platform.
5.2 To post comments, a User must maintain their account in order for the applicable comment to remain visible on the Platform. It is noted that if a User deletes his/her account, any comments posted in the Platform could be also deleted and no longer be visible on the Platform either.
5.3 The Company is under no legal obligation to review the comments Users upload in the Platform. However, comments must also follow the rules set in article 5.5 below and Platform reserves the right to delete a comment if it determines in its discretion that there is a violation, in case it receives a Takedown Notice pursuant to article 7 herein, or for any reason it determines.
5.4 Each Registered User is responsible for any User Generated Content created and/or uploaded in the Platform by such User. Lab Manager Academy does not have any knowledge or control over any such User Generated Content. Registered Users must take all prudence not to upload any User Generated Content that contains illegal material (of any type) nor to create Content that could result in any illegal act or omission (of any type) nor violate the Terms and Conditions nor any other guidelines posted in the Platform and declaration undertaken by the Registered User with regard to the Content.
5.5 By submitting any Content to upload to the Platform, the User represents, warrants, and agrees as follows:
(a) All Content submitted for posting in the Platform does not infringe third-party rights; the User is in compliance with and shall comply with all laws, rules, and regulations applicable to the use of the Platform and the uploaded Content, including but not limited to, applicable copyright and data protection laws;
(b) The User is either the copyright owner of the Content being uploaded or has the lawful right to upload such Content to the Platform and to provide a license agreement to the Platform in order to host the Content and make it available to the public through the Platform without territorial or other limitations under the provisions set forth herein.
(c) The User acknowledges that the Content generated and posted represents the User’s views and opinions and not the Platform’s opinions or views and that the Platform does not necessarily endorse or agree with any such views and opinions by hosting the Content on the Platform;
(e) Where the Content includes the images and/or any other personal data of third parties (e.g. webinar presenters), the Client is the sole responsible party to inform such third parties in detail about the use of their images and to ensure that the third parties have granted their free and informed consent to include the third-party personal data in the content that the Client uploads in the Platform and to provide appropriate proof when so requested. The Client represents and warrants that all such permissions and licenses have been obtained or granted before uploading any Content.
(f) Without limitation, the Registered User represents, warrants, agrees, and guarantees that it shall not upload any Content (or link to any Content) nor proceed to any action in or through the Platform that is illegal. Indicatively and non-exhaustively, and will not post nor act in any way that:
(i) infringes or violates another party’s intellectual property rights (such as content, music, videos, photos, or other materials for which they do not have written authority from the owner of such materials to post on the Platform), including any party’s right of publicity or right of privacy; or
(ii) promotes illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures; or
(iii) violates any law, statute, ordinance or regulation; or
(iv) is threatening, harassing, or that promotes racism, bigotry, or hatred of any kind against any group or individual; or
(v) promotes or encourages violence against a person or damage or destruction of property; or
(vi) is inaccurate, false, or misleading in any way; or
(vii) promotes any illegal activities; or
(viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(ix) contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; or
(x) infringes the personality right as well the right of privacy and/or protection of personal data; or
(xi) promotes unfair competition and unfair commercial practices and/or violates competition rules
The above reflect solely examples of prohibited material and are not intended to be exhaustive of what constitutes prohibited User Generated Content.
5.6 Warranties and Liability of the User: By submitting any content to be uploaded in the Users warrant to the Platform compliance with the provisions of article 5.4 and 5.5 above, as well as with the terms of the present and with any other declarations and acknowledgements undertaken in the Platform from time to time. Each User acknowledges that he/she bears the responsibility to compensate, defend, hold harmless and exempt the Platform and its directors, officers, employees, consultants, representatives, and affiliates from any and all claims by third parties’ liability, damages, and/or costs (including, but not limited to, legal consultants’ fees) which occur as a result of or in connection with the Content they upload or from the breach of the present terms or in case any other User or third party turns against the Platform in relation to any Content they have uploaded to the Platform or in connection to the use of the Platform or the services. In addition, Users acknowledge that they shall respect the notice and take down process of the Platform set in article 7.
5.7 Platform does not and is under no legal obligation to systematically monitor and/or review any Content created or uploaded in the Platform.
5.8 In some cases, in order to ensure that the Content the Users post on the Platform is in line with the Platform’s scope as an informative and educational online community of lawful content for the Lab Manager Academy market professionals, Platform conducts a preliminary high-level review of the Content. This review focuses mainly on assessing whether Content is consistent with the Platform’s purpose, that Content is legible, and can be easily found by Users as well as to identify potential obvious infringements. Such high-level screening is in principle, based on general predefined rules and guidelines provided to Users and includes:
(i) relevance to the topics within Lab Manager Academy
(ii) suitability for the Lab Manager Academy audience;
(iii) that the Content is not evidently self-promotional (i.e. principally with the purpose to market the products and/or the services of the Registered User) and does not solely serve promotional purposes;
(iv) that the Content is not obviously and evidently infringing any third-party intellectual property rights or otherwise illegal or inappropriate. Without limiting the foregoing, any Content submitted by a User must not:
- contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material;
- promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- violate any party’s legal rights (including rights of publicity and privacy);
- contain any material that could result in civil or criminal liability;
- conflict with these T&Cs or any other applicable policy;
- be likely to deceive any person;
- advocate, promote, or assist any illegal or unlawful activity;
- cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
- impersonate any person, or misrepresent the identity or affiliation of the user or any other party;
- involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising, other than as conducted by the Platform; or
- appear as if they are sent by or endorsed by us or any other person, if this is not the case.
(b) For legibility and presentation purposes (indicatively, breaking down the text into smaller paragraphs, adjusting the fonts, and applying other formatting characteristics).
It is specified that review of the Content by the Platform can include some or all of the above activities depending on the type of Content uploaded in the Platform. It is clarified that some parts of Content uploaded cannot be reviewed by the Platform such as (indicatively) the contents of a Webinar; the truth and accuracy of events, job openings, press releases; or the links to third-party websites and Content.
5.9 The Platform reserves the right to refuse to upload any Content that does not successfully pass the above high-level review in the Platform’s sole discretion. In addition, the Platform reserves the right (but is under no legal obligation) to make grammatical or spelling corrections to the Content. Any manual intervention that could be necessary is solely made to facilitate this typical check. In any case whatsoever, the above review, when conducted by the Platform is conducted notwithstanding the Users obligations and the guarantees undertaken by Users with regard to the Content as laid down in article 5.4, 5.5, and 5.6 above and does not limit nor exclude in any way that liability of each User and his/her obligation to hold harmless the Platform in case of any breach or violation, as further described in article 6 below.
5.10 The Platform acts principally as the automated, technical, and neutral host of the Content that is uploaded by Users. Any Content review of User Generated Content only aims to ensure that Content is coherent and consistent with the Platform’s purpose and to identify obvious infringement and we do not guarantee (nor control or initiate) the Content’s lawfulness and/or fitness for a specific purpose. Regarding the legal nature and the limitations of liability of the Platform article 6 below is applicable.
6. Legal Nature of the Platform - Disclaimers–Limitation of Liability
6.1. In addition to hosting its own Content, the Platform principally acts as an intermediary service provider that: (a) Hosts and stores information and data at the direction of its Users and (b) Provides links or other tools for locating content online
6.2 With regard to the Services referred to in article 6.1, the Platform acts as an intermediary information service provider that hosts information and data at the direction of its Users—the Platform does not control or solicit User Generated Content but allows Registered Users to upload such Content for discussion purposes on the Platform. In this context, Platform acts as the automated, technical, and neutral host of the Content that is uploaded by Users. It is each User’s obligation to follow the strict rules of the Platform regarding copyright protection and lawful Content provision in general. Given the nature of the Platform and the Content, it is not possible for the Platform (and it is under no legal obligation) to constantly monitor the Content uploaded by User’s nor to actively seek facts or circumstances to confirm intellectual property rights and monitor for all inappropriate or illegal activity. However, the Platform intends to take reasonable precautionary measures (including, but not limited to, the measures specified under article 5.7, 5.8, 5.9, 5.10 above, and article 7 below) to prohibit obviously illegal activity.
6.3 It is clarified that except for Content it expressly creates, the Platform is not intended to act and should not be regarded as a publisher. To mitigate the possibility of inappropriate content, the Platform has put in place and apply the aforementioned reasonable precautionary measures and undertakes reasonable efforts not to post infringing, unlawful, or undesirable Content. In addition, as also mentioned in the present terms, the User Generated Content depicts the opinions and the views of the User/author which are not initiated, controlled, or endorsed by the Platform.
6.4 The Platform and the User Generated Content uploaded in it may contain hyperlinks (links) to third-party websites. Platform does not control nor review the Content of such links and bears no responsibility for the Content and the services of those third-party websites, nor does it warrant the continuous and safe accessibility to them.
6.5 The Platform and the Services are provided “as is” and “as available” using a commercially reasonable level of skill and care. Except as expressly stated in these Terms & Conditions, Lab Manager Academy does not provide and expressly disclaims warranties, conditions, or undertakings of any kind in relation to the Services, either expressed or implied, including, without limitation, warranties of merchantability and fitness for a particular purpose. No advice or information, whether oral or written, obtained by Users from Lab Manager Academy will create any warranty not expressly stated or incorporated herein. Without limiting the foregoing, Lab Manager Academy, its subsidiaries, its licensors and affiliates, do not warrant that any Content is accurate, true, reliable, correct, or complete.
EXCEPT AS EXPRESSLY PROVIDED IN WRITING, A USER’S USE OF THE PLATFORM, IT’S CONTENT AND ANY SERVICES THROUGH THE PLATFORM IS AT THE USER’S OWN RISK AND THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
6.6 Lab Manager Academy agrees to undertake reasonable efforts and technical measures so that the Services and access to the Platform can take place smoothly and without interruption and that an adequate level of security is maintained. However, Lab Manager Academy does not guarantee that the Services and the Platform will be available without interruption and without errors. We are not liable, though, if for any reason, negligence included, despite the maintained security measures adopted by us, the operation of the Platform is interrupted or access to the Platform or the User Profiles becomes difficult and/or impossible, or if viruses or other harmful software is identified and transmitted to the terminals of the users/visitors, or if third unauthorized parties intervene in any way to the Content and operation of the Platform making the use of it difficult or causing problems to its proper function. Moreover, we are not liable if the Platform is not accessible for reasons beyond our control as well as for reasons due to technical or other failure of the backbone network or for reasons of force majeure or incidental facts. In case of any loss or damage of the Content, our sole liability and responsibility will be to repost the Content to the extent technically feasible from our periodic back-ups.
6.7 We reserve the right: (a) to change at any time, without justification and without prior notice, partially or in total, the Terms & Conditions, the features and services provided, the Platform’s functionalities as well as the Platform’s versions or the provided Content and features, (b) to renew or upgrade or discontinue/stop, partially or in total, all of the Content of the Platform and/or any User Account, (c) to renew or upgrade partially or in total the external appearance (interface), the structure or composition (configuration) of the Platform and/or any User Account as well as their technical specifications, (d) to limit the access of the entire Platform to any registered or unregistered User. Moreover, Lab Manager Academy reserves the right at any time, to cancel, suspend or pause, or shut down its operation.
6.8 Furthermore, Platform reserves the right to suspend and/or delete a User Account and/or refuse the opening of a User Account, at any time, for any reason, including in the event we become aware of a repeatedly infringing use of the Platform from any User and/or any Platform visitor and/or any third party, or in case we receive takedown notices regarding a User’s repeatedly infringing behavior.
6.9 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH, YOUR USE, OR INABILITY TO USE, THE PLATFORM OR ANY CONTENT ON THE PLATFORM INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In no event shall Lab Manager Academy, its officers, directors, employees, or agents, be liable to Users for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever. This limitation on liability includes, but is not limited to, (i) personal injury or property damage of any nature whatsoever, resulting from the Users’ use of the Platform, (ii) any loss or damage due to unauthorized access to or use of our servers and/or any and all business information stored therein, (iii) any loss or damage due to interruption or cessation of transmission to or from our Platform or interoperability problems, (iv) any loss or damage due to bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, (v) any errors or omissions in any Content, (vi) any defamatory, offensive, or illegal conduct of any third party, (vii) any statement or conduct of any third party on the Platform (viii) any loss or damage resulting from the use, or inability to use, any portion of our website or the Platform or for any loss or damage of any kind in the User data, or (ix) any loss of revenue, profits, goodwill or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses. In any case whatsoever to the extent permitted by applicable law, liability of the Platform is limited to the amount paid by such User in the prior six months. The limitations on liability apply whether liability is based on warranty, contract, tort, or any other legal theory, and whether or not Lab Manager Academy is advised of the possibility of such damages.
7. Notice and Take Down Process—Report to Competent Authorities
7.1 The Platform reserves, and has the right to, suspend temporarily or permanently delete, any User Account and Profile or User Generated Content any time at its sole discretion, including when it becomes aware of any breach of law or the present Terms & Conditions by any User or by any third party.
7.2 More specifically, the Platform reserves the right to remove from the Platform any allegedly infringing Content following the submission of a takedown notice. Anyone who wants to send to the Platform a claim asking to take down any Content (notice and take down process), as provisioned in the law, should take every reasonable measure to ensure that the grounds for this claim are adequate and concern specific Content uploaded or posted by a specific registered User. Notice and take down notices submitted to the Platform must be clear and explicit, specifically indicating the (allegedly) infringing Content to be taken down. The claimant should provide to us adequate data to be able to identify the potential unlawful act or omission, as well as to avoid unjustified, unsubstantiated, untrue, and unfair disclosures.
7.3 The Platform will respond to notices of alleged copyright infringement that comply with applicable law. If any person believes that any materials accessible on or from the Platform infringes that person’s copyright, that person may request removal of those materials (or access to them) from the Platform by writing, the written notice must include substantially the following:
7.3.1 Include the complaining party’s contact information. The information must be reasonably sufficient for the Platform to contact the complaining party.
7.3.2 Identify the copyrighted or otherwise protected work or works claimed to be infringed.
7.3.3 Identify (a) for material stored by the Platform, the allegedly infringing and/or unlawful material, or (b) for information location tools, the reference or link to the allegedly infringing material or activity. This information must be sufficient to allow the Company to locate the material, reference, or link.
7.3.4 Include a physical or electronic signature of a person authorized to act on the rights holder’s behalf.
7.3.5 Include a statement that the complaining party has a good faith belief that the infringing material is not authorized by the copyright owner, the copyright owner’s agent, or law.
7.3.6 Include a statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the rights holder.
A takedown notice that does not substantially comply with the above requirements generally does not require the Platform to take down the allegedly infringing material.
7.4 Counter-notice: Further to the submission of a takedown notice as per the above, the alleged infringer may submit a counter-notice, which must substantially include:
7.4.1 The counter-claimant’s name, address, telephone number, and physical or electronic signature.
7.4.2 Identification of the material that was taken down.
7.4.3 The counter-claimant’s statement, under penalty of perjury, of its good faith belief that the material was taken down due to a mistake or misidentification.
7.5 For the purposes of the notice & takedown process described above, the Platform has designated, as an agent for the receipt of notifications of claimed infringements, Program Manager with contact information email@example.com
7.6 If any damage occurs to the Platform because of the Platform’s actions further to a notice submitted by a claimant, that claimant assumes all responsibility for covering the damage and any related expenses of the Company. We shall disregard any claim that does not fulfill the above prerequisites. Any claimant and/or counter-claimant that knowingly makes a material misrepresentation that Content is infringing and, following such misrepresentation, Lab Manager Academy takes down any Content, shall be fully liable toward Lab Manager Academy for any damage caused as a result to such misrepresentations.
7.7 In any case and notwithstanding the above, if any breach of the present Terms & Conditions comes to the attention of the Platform (following any automated control or complaint as per the above) may at its discretion (depending to the severity of each case) (a) give notice to the User and request to refrain from any such violation, and/or (b) block a User from the Platform (temporarily or permanently) and withdraw the relevant credentials, and/or (c) delete the User Account (see also article 9 below).
7.8 Notwithstanding the above, we shall proceed to suspension or termination of any Content further to a Court or a Competent Authority order.
7.9 Lab Manager Academy shall in no manner be liable toward the Users and/or any third party for taking down Content, pursuant to the above process, and each User acknowledges that Lab Manager Academy is in no position and has no obligation to examine the accuracy of any notice and take down request and/or counter-notice submitted by any User, Client, and/or any third party.
7.10 Report to the competent authorities: The Platform further reserves its right to report any breach coming to its attention to the relevant law enforcement authorities under the conditions laid down in the applicable laws of Delaware. Also, Lab Manager Academy could provide any information requested by any competent authority (including personal or business data) with regard to the Users and the User Account in the Platform, with or without prior notice to such Users, subject to the applicable laws of Delaware.
8. Intellectual Property
8.1 Except as otherwise indicated for User Generated Content in the present terms, the Platform and all text, images, marks, logos, and other Content contained herein, including, without limitation, the logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Lab Manager Academy or its licensors and are protected by applicable intellectual property laws. You may not modify, reproduce, or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose except in accordance with the terms of the Company Platform. A User may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the Platform or any materials on the site, except as expressly permitted by these Terms or other applicable policies. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials.
8.2 The Lab Manager Academy logo and name and all other product or service names or slogans of Lab Manager Academy displayed on the Platform are trademarks of Lab Manager Academy and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Lab Manager Academy. In addition, the look and feel of the Platform may not be copied, imitated, or used, in whole or in part, without the prior written permission of Lab Manager Academy. All other trademarks, including registered trademarks, product names, and company names or logos mentioned in the Platform are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Lab Manager Academy.
8.3 As soon as anyone becomes a User, the Platform provides him/her with a personal, non-transferable, non-exploitable, non-exclusive, open-ended one user license to access the Content hosted in the Platform only for legitimate private use purposes under the present terms and conditions. It is expressly forbidden to use the Content for illegal purposes and/or for professional exploitation. Users may not sublicense the use of, or the access to the Platform and the services, to any third party with or without remuneration. The present license shall be automatically terminated when the relationship with the Platform is terminated for any reason, as provisioned in article 9.
8.4 Providing access and allowing the use of the features, tools, and Services provided by the Platform does not give any User or any other third-party ownership of any of the Company’s intellectual property rights to any of the above. We retain ownership of all intellectual property rights in and to the Platform, its features, tools, and Services including copies, improvements, enhancements, derivative works, and modifications thereof. The rights to use the Platform are limited to those expressly granted hereby. No other rights with respect to the Platform or any related intellectual property rights are granted or implied.
8.5 The Platform is not liable for any access or use of any User Generated Content, including any that is uploaded by Registered Users in violation of any User’s and/or any other third party’s intellectual property rights. Platform bears no liability for any dispute that may arise between the Users, registered Users and Clients and/or between the Users, registered Users, and Clients on the one hand and any third party on the other, regarding intellectual property rights in relation to the Content uploaded by the registered Users on the Platform.
8.6 All Users browsing and having access to Content in the Platform are expressly prohibited to engage in any unlawful act which may undermine the rights of the registered Users-owners or right holders of the Content uploaded at the Platform. Indicatively, but not exclusively, Users are prohibited from engaging into any unlawful act or omission, including (but not limited to) the following activities:
- Recording and direct or indirect, temporary or permanent reproduction of the Content by any means and in any form, in whole or in part, except as expressly allowed within the Platform.
- Translation of the Content.
- Arrangement, adaptation, or other alteration of the Content.
- Unauthorized and/or illegal distribution to the public in any form by sale or otherwise.
- Renting and public lending of the original or copies of their work.
- Public performance of the Content.
- Transmission or retransmission of the Content to the public by radio and television, by electromagnetic waves or cables or pipes or other material in any other way, parallel to the surface of the earth or through satellites.
- Any other act or action contrary to these Terms & Conditions.
9.1 A Registered User may at any time decide to delete such User’s User Account and Profile by emailing us at firstname.lastname@example.org with a request to delete the User Account and Profile. In this case, article 3.6 shall apply. Register Users who wish to delete their User Account and Profile and terminate their relationship with the Platform, will no longer be able to make use of the services provided in the Platform for Registered Users.
9.2 The Platform may terminate a User’s access to all or any part of the Platform and/or his/her User Account at any time, without cause, with or without a prior notice.
9.3 Lab Manager Academy will deem a User inactive and remove them from any courses they are registered in if they are inactive for 45 consecutive days.
9.4 The Platform reserves without limitation the right to suspend and/or delete any User Account and terminate the Platform’s relationship with any registered User for due cause, including (indicatively but not exclusively) the following:
9.4.1 any violation of the present terms and conditions or any other illegal act or omission violating any laws or statutory provisions;
9.4.2 provision of false/inaccurate information in the User Account;
9.4.3 violation of any right of a third person that has come to our attention;
9.4.4 following a complaint received by another User or by third parties for breach of the present terms, violation of any law or statute;
9.4.5 following the request of any Authority and/or Court decision and/or relevant competent Body;
9.4.6 any other omission that could damage or harm in any ways the Platform (i.e. indicatively its operation, its reputation, its tradename and IPRs, its technical specifications, its software etc.);
9.4.7 repeatedly infringing and unlawful conduct on behalf of any User;
9.4.8 as a result of the notice and take down process described in article 7 above.
As a result of the provision of the Platform services to Users, and whether due to any intentional or negligent act or omission, we may disclose to Users or they may otherwise learn of or discover, our non-public documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business (“Confidential Information”). Users hereby agree and acknowledge that such information is confidential and shall be our sole and exclusive intellectual property and proprietary information. Users agree to use our Confidential Information only for the specific purposes as allowed in these Terms. Any disclosure of our Confidential Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of these Terms. Furthermore, Users acknowledge that our information is proprietary, confidential, and extremely valuable to us, and that we would be materially damaged by any disclosure of our Confidential Information. Users acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
In addition to any other warranty, indemnification, and declaration of Users, all Users also agree to indemnify and hold harmless Lab Manager Academy, LabX Media Group Inc., any related corporations, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses including attorneys’ fees, arising out of their use of the Platform, including but not limited to, the violation of the Terms & Conditions.
12. Discrimination and Harassment
Lab Manager Academy is committed to providing an environment free of discrimination and harassment, where all individuals are treated with respect and dignity, can contribute fully, and have equal opportunities. Harassment and discrimination will not be tolerated, condoned, or ignored within the Lab Manager Academy. If a claim of harassment or discrimination is proven, disciplinary measures will be applied, up to and including termination of employment for an instructor/employee or the suspension of a learner’s account.
Lab Manager Academy does not advocate, support, or practice discrimination based on race, religion, age, national origin, language, sex, sexual orientation, or mental or physical handicap or any other personal attribute protected by law. Lab Manager Academy will make all reasonable accommodations to allow people who experience difficulties in their dealings with the organization to benefit equally from its work. Any inquiries regarding this policy should be directed to email@example.com.
13. Disclosure of Instructor’s Proprietary Interest
We strongly discourage the promotion of paid services to the participants of our courses. While the faculty’s expertise and leadership position in the field will inevitably lead to requests for subsequent services, questions and advice, maintaining professional decorum during the course delivery mandates that such discussions take place only after the course has been delivered.
14. Payments and Costs
14.1 Payments will be completed through Stripe and can be made with any major credit card. Lab Manager Academy reserves the right to switch payment providers without notice.
14.2 By submitting payment details to us, you warrant that you are entitled to purchase a course using those payment details.
14.3 Transaction Fees: Depending on your location, a transaction fee from your bank or card issuing company may apply. Please contact your bank or card issuing company with questions on applicable fees.
14.4 Promotional offers and incentives are subject to availability and may be changed at any time, subject to applicable laws.
14.5 Course fees are subject to change without notice.
15. Refund Policy
15.1 Should you become dissatisfied with the Service within the first 14 days after purchase, and have not started the purchased course, Lab Manager Academy will refund the full amount of your purchase and subsequently terminate your access to the course. Refunds are not available to customers 14 days after a purchase. Refunds or substitutions will not be issued once the program, course, module, or materials have been accessed.
15.2 Refunds are not available for Users who which have violated the terms of service as set out here.
15.3 To request a refund please contact firstname.lastname@example.org.
16.2 If individual terms of the Terms & Conditions become partially or wholly invalid or unenforceable, the validity of the remaining provisions shall not be affected.
16.3 The Company’s failure to enforce any right or provisions of the present Terms & Conditions will not constitute a waiver of such or any other provision.
16.4 Users may not assign any of their rights under the present Terms & Conditions to any third party. Lab Manager Academy reserves the right to assign its rights under the present to any other individual or entity at its sole discretion.
16.5 A learner has complete access to all of their information within their personal account in the LMS. A learner does not have to request access for a release of their information as they can access it themselves once they login to their account. A learner can view the courses they have taken, the total number of CEUs they have earned, the certificates they have earned and any other relevant stats. They can export and download that information from their account
16.6 Lab Manager Academy reserves the right, at its own discretion, to modify or replace any part of these Terms. It is the Users’ responsibility to check the Terms & Conditions periodically for changes. The Users’ continued use of or access to the Platform following the posting of any changes to the Terms & Conditions constitutes acceptance of those changes. Lab Manager Academy may also, in the future, offer new services and/or features through the Platform. Such new features and/or services shall be subject to the Terms & Conditions.
(Updated January 26, 2023)