TERMS AND CONDITIONS FOR ONLINE COURSES, VIRTUAL WORKSHOPS, PODCASTS AND OTHER WEBSITE CONTENT

These Terms and Conditions apply to all online trauma education courses, virtual workshops or conferences, podcasts, social media posts, or any other website content (“Programs”) offered by Lost Sparrows University (hereafter “LSU”, “we” or “us”) on our website at www.university.lostsparrows.org (the “Website”). By accessing the Website, viewing, purchasing or downloading any Program, you are signifying your acceptance of these Terms and Conditions, and agree to these Terms and Conditions on your own behalf and on behalf of any other individual or company identified on the order and/or registration for such Program.


  1. Content. Each Program contains a variety of: (i) materials and other items relating to LSU, our products and services, likeness and image, and similar items from our licensors and other third parties, including all information, articles, posts, photographs, audio clips, videos, and the compilation, assembly, and arrangement of the materials of the Program and any and all copyrightable material; (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including those of LSU; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”).


  1. Disclaimers. THE WEBSITE AND ALL PROGRAMS ARE FOR EDUCATIONAL PURPOSES ONLY. NO CONTENT IS INTENDED TO CONSTITUTE (OR BE USED AS A SUBSTITUTE FOR) PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. LSU, PROGRAM GUESTS, AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, CONTENT OR MATERIAL ON ANY PROGRAM ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, CONTENT OR OTHER MATERIAL ON THE PROGRAM, INFORMATION FOUND ON THE WEBSITE OR IN ANY PROGRAM. RELIANCE ON INFORMATION PROVIDED BY LSU, PROGRAM GUESTS OR VISITORS ON THE WEBSITE, EVEN IF THEY ARE EXPERTS, IS COMPLETELY AT YOUR OWN RISK.

 

You understand that by using and accessing any Program, you may encounter Content that you may deem to be offensive or objectionable, and that such Content may or may not be identified as having explicit material. Nevertheless, you agree to the use of the Program at your sole risk and LSU shall have no liability to you for material that may be found to be offensive or objectionable.

 

  1. Ownership. The Programs (including past, present, and future versions) and the Content are owned or controlled by LSU, our licensors and/or certain other third parties. All right, title, and interest in and to the Content available via the Program is the property of LSU or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, and/or other intellectual property rights and laws.  LSU owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Program.

 

  1. Limited License. Subject to your strict compliance with these Terms and Conditions, LSU grants you a limited and nonexclusive license to: (i) download, display or view the Content on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device”) for your personal, noncommercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in LSU's sole discretion, and without advance notice or liability. Any unauthorized use of any Content or the Program for any purpose is prohibited.


  1. Availability of Program and Content. LSU may immediately suspend or terminate the availability of the Program and Content (and any elements and features of them), in whole or in part, for any reason, in LSU's sole discretion, and without advance notice, liability or remuneration to you. 


  1. Pricing; No Refunds. LSU offers its Program and Content for a fixed price and for a fixed duration of time as specified on the Program and course description at the time of your purchase. All purchases are final and the failure to access your purchased Program within the specified duration will not result in a refund. Prices are subject to change without notice. 

 

  1. Feedback Submitted by You. LSU may now or in the future offer users of the Website the opportunity to post, upload or submit through the Website, messages, comments, reviews, suggestions, including personally identifiable information, or other information or materials (collectively, “User-Generated Content”). LSU may allow you to do this through “contact us”, e-mail, and other similar functions.  Subject to the rights and license you grant in these Terms and Conditions, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content. By submitting such information, you agree that your User-Generated Content will be treated as non-confidential—regardless of whether you mark it “confidential,” “proprietary,” or the like—and will not be returned. By submitting such User-Generated Content, you grant to LSU, our successors and assigns, the non-exclusive and unrestricted right and license to publish and/or otherwise use in any manner whatsoever, all or any portion of your User-Generated Content, for any purpose, and to advertise, market, and promote the same, without any obligation or remuneration to you. 

 

  1. Notices and Questions. You agree that: (i) LSU may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the homepage of the Website, or in another reasonable manner that we may elect; and (ii) we may contact you by mail or e-mail sent to the address provided by you. You agree to promptly notify us if you change your e-mail or mailing address by updating your account information. If you have a question regarding the use of any Program, you may contact us at support@lostsparrows.org. 

 

  1. Linked-To Websites; Advertisements; Dealings with Third Parties. The Programs may contain links, as part of third-party ads on the Programs, to or from third-party websites (“Linked Services”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with LSU. LSU may have no control over the content, terms, or other elements of Linked Services, and LSU does not assume any obligation to review any Linked Services. LSU does not endorse, approve, or sponsor any Linked Services, or any third-party content or advertising, products or services. Furthermore, LSU is not responsible for the quality or delivery of the products or services offered or advertised at such Linked Services, or for any dealings or transactions between you and the third party. Finally, LSU will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third-party Linked Services. Any activities you engage in connection with the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Linked Services. LSU disclaims all liability in connection therewith.

 

  1. Governing Law. These Terms and Conditions will be governed by and construed in accordance with, and any disputes will be resolved in accordance with the laws of the State of Indiana, without regard to its conflicts of law provisions.

 

  1. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. YOUR ACCESS TO AND USE OF ANY PROGRAM IS AT YOUR SOLE RISK. ALL PROGRAMS ARE PROVIDED ON AN “AS IS” and “AS AVAILABLE”. Therefore, to the fullest extent permissible by law, LSU and each of our employees, agents, Program guests, licensors, licensees, contractors, successors, and assigns (collectively, the “Program Parties”), hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to the Programs.  EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.

  

  1. LIMITATIONS OF LSU'S LIABILITY. TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY PROGRAM PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE PROGRAM.  EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROGRAM PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF ANY PROGRAM AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID LSU TO ACCESS THE PROGRAM OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM. 


  1. Updates to Terms and Conditions. These Terms and Conditions, in the form posted at the time of your use of the applicable Program to which it applies, shall govern such use (including transactions entered during such use). As our programs evolve, the terms and conditions under which LSU offers the programs may prospectively be modified and we may cease offering the programs under the terms for which they were previously offered. Accordingly, each time you sign in to or otherwise use any program you are entering into a new agreement with LSU on the then applicable terms and conditions and you agree that we may notify you of other terms (the “Additional Terms”) by posting them on the website (or in any other reasonable manner of notice which we elect), and that your access to any program after such notice constitutes your agreement to the other terms for your subsequent use and transactions. Therefore, you should review the posted terms of use each time you use any Program (at least prior to each transaction or submission). The Additional Terms will be effective as to new use and transactions as of the time that LSU posts them, or such later date as may be specified in them or in other notice to you.

 

  1. Indemnity. You agree to indemnify and hold Program Parties harmless from and against any and all claims, damages, losses and expenses (including attorneys' fees) that arise from or are related to any claim, suit, demand, or proceeding made or brought against any Program Parties arising out of or in connection with (i) your User-Generated Content; (ii) your use of any Program and your activities in connection with any Program; (iii) your breach or alleged breach of these Terms and Conditions or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or otherwise in connection with your use of any Program; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Program Parties' use of the information that you submit to LSU (including your User-Generated Content). 

 

  1. Operation of the Programs; Availability of Products and Services; International Issues. The Programs are operated in the United States, and are primarily intended for users located in the U.S. LSU makes no representation that any Program is appropriate or available for use beyond the U.S. If you listen to the Programs from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. LSU reserves the right to limit the availability of the Programs and/or the provision of any content, program, product, service, or other feature described or available on the Programs to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any Program that we provide. 

 

  1. Severability; Interpretation. If any provision of these Terms and Conditions is for any reason deemed void or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and Conditions, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms and Conditions. To the extent permitted by law, you hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms and Conditions.

 

  1. Communications. As permitted by applicable law, when you communicate with LSU electronically, such as via e-mail and text message, you consent to receive communications from us electronically. Please note that LSU is not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that LSU provides to you electronically satisfy any legal requirement that such communications be in writing.

 

  1. Investigations; Cooperation with Law Enforcement; Termination; Survival. LSU reserves the right, without any limitation, to: (i) investigate any suspected breaches of security or our information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and Conditions, (iii) investigate any information obtained by us in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and Conditions, and (vi) discontinue any Program, in whole or in part, or suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to LSU under these Terms and Conditions. Upon suspension or termination of your access to any Program, or upon notice from LSU, all rights granted to you under these Terms and Conditions will cease immediately, and you agree that you will immediately discontinue access to the Programs. The provisions of these Terms and Conditions (including the terms applicable to User-Generated Content), will survive your suspension or termination, including the rights and licenses you grant to LSU in these Terms and Conditions, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction and choice of law. 

 

  1. Assignment. LSU may assign our rights and obligations under these Terms and Conditions, in whole or in part, to any party at any time without any notice. These Terms and Conditions may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of LSU.

 

  1. No Waiver. Except as expressly set forth in these Terms and Conditions: (i) no failure or delay by you or LSU in exercising any of rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms and Conditions will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. For avoidance of doubt, nothing herein shall be construed to restrict LSU's right to amend these Terms and Conditions as otherwise permitted herein.

 

  1. Contact Us. If you have questions or suggestions, please contact us at support@lostsparrows.org.