Terms of Service

These Terms of Service ("Terms") govern your access to and use of the The Ad Learning Exchange website, learning platform, and applications (“The Ad Learning Exchange”, “ALEx” or the “Service”). Please read these Terms carefully before purchasing an online course or subscription and print off a copy for your records. By accessing or using The Ad Learning Exchange, you agree to be bound by these Terms, our Privacy Policy, our Cookie Policy, and our Community Guidelines.

Our Service

The Ad Learning Exchange (hereafter may be referred to as “ALEx”, “we”, “our”, or “us) is an online educational marketplace to help individuals and companies grow their advertising and media expertise. We are able to cultivate course content and recommend specific courses based on your behavior both on and off the ALEx platform. Our connection features allow us to recommend connections based on course participation of you and your colleagues. To provide these services, we need to be able to identify you, your course interests, and your ALEx connections.

Using The Ad Learning Exchange

Who Can Use ALEx

You may use The Ad Learning Exchange only if you are able to legally form a binding contract with The Ad Learning Exchange, and be in compliance with these Terms of Service and all applicable laws. You may not use ALEx if it would be prohibited by U.S. sanctions, are under the age of 13, or at a legal age at which you cannot provide consent to data processing under the laws of your country or if verifiable parental consent for your use of ALEx has not been provided to us. Any use or access by anyone under the age of 13 is strictly prohibited, and certain courses may have additional requirements and/or restrictions.

Your License

Subject to your agreement to these Terms and our policies (including our Community Guidelines), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service. You may download content from our Services only for your personal, non-commercial use, unless you obtain ALEx’ written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. In addition, using ALEx may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.

Commercial Use of ALEx

If you want to use The Ad Learning Exchange for commercial purposes you must create a Content provider or Enterprise account and agree to our Provider Terms of Service. If you open an account for a company, organization, or other entity, then "you" includes you and that entity, and you promise that you are authorized to grant all permissions and licenses provided in these Terms, bind the entity to these Terms, and agree to these Terms on the entity's behalf.

Our Courses & Content

Course Modifications

While we take pride in the excellence of our course content, unexpected events do occur. The Ad Learning Exchange reserves the right to cancel, interrupt, reschedule, or modify any course or course content. In addition, we reserve the right to modify the point value or weight of any assignment, quiz, or other assessment. Courses offered are subject to the Disclaimers and Limitation of Liability sections below.

No Academic Credit

Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of a course does not confer any academic credit. Even if credit is awarded by an institution, there is no presumption that other institutions will accept that credit. ALEx and our content providers have no obligation to have a course recognized by any educational institution or accreditation organization.

Disclaimer of Student-University Relationship

Nothing in these Terms or otherwise with respect to your participation in any course: (a) establishes any relationship between you and any educational institution with which ALEx may be affiliated; (b) enrolls or registers you in any educational institution, or in any course offered by any educational institution; or (c) entitles you to use the resources of any educational institution beyond participation in the course.

Provider Content

The Ad Learning Exchange allows Content Providers to: (1) create and sell course content on on ALEx, (2) post, comment, and discuss course content with users, and (3) interact with individual or groups of users enrolled in courses. Anything that Content Providers create, post, distribute, or otherwise make available on ALEx is referred to as "Provider Content” and may not be provided or sold anywhere outside of ALEx. Content Providers retain all rights, and are solely responsible for the Provider Content distributed through the Service. To learn more about posting course content, please refer to our Provider Policy.

User Content

The Ad Learning Exchange allows you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on ALEx is referred to as "User Content."

You grant ALEx and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, and distribute your User Content on ALEx solely for the purposes of operating, developing, providing, and using the service. Nothing in these Terms restricts other legal rights The Ad Learning Exchange may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason including User Content that we believe violates these Terms, our Community Guidelines, or any other policies.

We reserve the right to keep any User Content, even if it has been removed by the User or the account has been terminated or deactivated, for a reasonable period of time for backup, archival, audit, or legal purposes.

User Feedback

User feedback is invaluable for our customer service team as we are constantly looking to improve our user’s experience. If you choose to submit comments, ideas, or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, The Ad Learning Exchange does not waive any rights to use similar or related feedback, feedback developed by its team members or affiliates, or feedback obtained from sources other than you. You may submit comments, ideas or feedback at anytime here.

Copyright & Trademark Policy

The Ad Learning Exchange has adopted and implemented a Copyright & Trademark Policy in accordance with the Digital Millennium Copyright Act and other applicable copyright laws. For more information, please read our Copyright & Trademark Policy.

Subscriptions

Subscriptions can be purchased either by paying a monthly or annual subscription fee. Monthly subscriptions will start once ALEx confirms your payment and will continue for a period of thirty days. Annual subscriptions will start once ALEX confirms your payment and will continue for a period of one year. When you register for a paid subscription, you immediately agree to get access to the for-pay functionalities of the Service.

When you purchase a subscription, auto-renew is automatically selected in your ALEx account and will renew at the end of the subscription period. If you do not want your subscription to auto-renew, you may discontinue your subscription. If you wish to discontinue your subscription, you must cancel the applicable paid subscription through your ALEx account or terminate your ALEx account before the end of the current billing period.

The Ad Learning Exchange reserves the right to update the price for paid subscription plans from time to time, and will communicate any price change to you via your ALEx account email in advance. Price changes for paid subscriptions will take effect at the start of the next billing period following the date of the price change. As permitted by law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the price change by unsubscribing from the Services prior to the price change going into effect. You may terminate your paid subscription at any time, after which you will be downgraded to a free account.

We reserve the right to offer trials of paid subscriptions for a specified period without payment or at a reduced rate to non-subscription holders. The Ad Learning Exchange reserves the right, in its absolute discretion, to determine your eligibility for a free trial, and, subject to applicable laws, to withdraw or to modify a free trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. At the end of the free trial, auto-renew will be automatically enabled and will start charging you for the applicable paid subscription on the first day following the end of the free trial and on a recurring monthly basis thereafter. By providing your payment details in conjunction with the free trial, you agree to this charge using such payment method.

Security

We care about your security, your content, and the integrity of your account. While we work hard to protect your security, The Ad Learning Exchange cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. We ask that you do not share your account credentials, including your password. You agree to provide accurate and complete information when registering for an account and at all times thereafter. You are solely responsible for maintaining the confidentiality of your account, username, and password. Please contact us if you suspect your account was compromised or used without your permission.

Third Party Links, Sites, and Services

The Ad Learning Exchange may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by ALEx. We do not endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from ALEx, you do so at your own risk. The Ad Learning Exchange is not liable for your use of or access to any third party website, service, or content.

Termination

The Ad Learning Exchange may terminate or suspend your right to access or use the service for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice for any violation of the Terms and Service and any violation of our Community Guidelines. Upon termination, you continue to be bound by Sections 3 and 8 of these Terms.

Indemnity

If you use The Ad Learning Exchange for commercial purposes (i.e. you promote products or services through the connect feature or course discussion boards) without agreeing to our Business Terms as required by Section 2(c) of these Terms, you agree to indemnify and hold harmless (business name), their affiliates and their respective officers, directors, employees, and agents from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses. This includes, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content, or your breach of any of these Terms

Disclaimers

Our Service and all content on The Ad Learning Exchange is provided on an "as is" basis without warranty of any kind, whether expressed or implied.

ALEx takes no responsibility and assumes no liability for any User Content or Provider Content that you, any other person, or third party posts or sends using our Service. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

If you're a consumer in the EEA, we do not exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.

If you see inaccurate or inappropriate information, please report it to us here.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AD LEARNING EXCHANGE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AD LEARNING EXCHANGE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

If we cause damage to you and you are a consumer in the EEA, the above does not apply. Instead, ALEx’ liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. The Ad Learning Exchange is not liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.

Arbitration

This Arbitration Agreement applies only to users in the United States.

You and The Ad Learning Exchange agree that any dispute, claim, or controversy (excluding claims for injunctive or other equitable relief) between you and The Ad Learning Exchange arising in connection with or relating in any way to these Terms will be determined by mandatory binding individual arbitration in small claims court. Should any dispute, claim, or controversy arise, you agree to contact us first informally to resolve the dispute. Should we need to contact you, we will do so at the email address in your ALEx account.

By agreeing to these Terms of Service, you agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and The Ad Learning Exchange are each waiving the right to a trial by jury or to participate in a class action suit. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration.This arbitration provision shall survive termination of this Agreement and the termination of your ALEx account.

Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org. Unless you and The Ad Learning Exchange agree otherwise, the arbitration will be conducted in the county (or parish) where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that The Ad Learning Exchange will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $25,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b).
If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND The Ad Learning Exchange ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. To the extent any claim, dispute, or controversy regarding The Ad Learning Exchange or our Service isn’t arbitrable under applicable laws or otherwise, you and ALEx both agree that any claim or dispute regarding The Ad Learning Exchange will be resolved exclusively in accordance with Section 12 of these Terms.

Governing Law & Jurisdiction

These Terms are subject to the laws of the State of New York, United States of America, without regard to choice or conflicts of law principles. If you are not a consumer in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is New York, New York County, New York, or the United States District Court for the Southern District of New York and our dispute will be determined under New York law.

If you are a consumer in the EEA, this will not deprive you of any protection you have under the laws in your country of domicile and access to the courts in that country.

General Terms

Notification Procedures and Changes to these Terms

We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that is what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we will notify you. By continuing to access or use The Ad Learning Exchange after revisions become effective, you agree to be bound by the new Terms. If you do not agree to the new terms, you must stop using The Ad Learning Exchange.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Ad Learning Exchange without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

If you are a consumer in the EEA, either you or The Ad Learning Exchange may assign this agreement, and any rights and licences granted under it, to a third party. In case of such an assignment by The Ad Learning Exchange, you are entitled to terminate the agreement with immediate effect by deactivating your account. The Ad Learning Exchange will provide you with reasonable notice of any such assignment.

Entire Agreement/Severability

These Terms, together with the Privacy Policy, any amendments, and any additional agreements you may enter into with The Ad Learning Exchange shall constitute the entire agreement between you and ALEx concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver

No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and The Ad Learning Exchange's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Parties

If you live in the United States, these Terms are a contract between you and (Need Business name and address). If you live outside the United States, these Terms are a contract between you and The Ad Learning Exchange, Inc., 298 5th Avenue, New York, NY 10010.

Effective September 1, 2019