TERMS & CONDITIONS
Terry Erle Clayton
Effective: January 31, 2019
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Thank you for using terryerleteaches.com
The products and services on this website are provided by Red Plough International Co. Ltd. These Terms of Use (Terms) govern your use of the website and any related products and services (Services). By using our Services, you agree to be bound by these Terms, including the policies referenced.
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Using terryerleteaches.com
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WHO CAN USE THESE SERVICES
Only registered users can access the material on this site. Registered users must provide accurate and complete information, and you agree to update your information to keep it accurate and complete.
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OUR LICENSE TO YOU
Subject to these Terms and policies, you have a limited, personal, non-exclusive, non-transferable, and revocable license to use our services. You may download content only for your personal, non-commercial use, unless you obtain written permission from Red Plough International Co. Ltd. to otherwise use the content. You also agree that you will create, access, and 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.
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Courses
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COURSE MODIFICATIONS
Red Plough International Co. Ltd. reserves the right to cancel, interrupt, or reschedule any course or to modify any course content or 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.
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Your Content
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USER CONTENT
The Services enable you to share your content, such as quiz results and other assignments you submit, and posts you make in the forums with instructors and other users. You retain all intellectual property rights in, and are responsible for, the User Content you share.
HOW RED PLOUGH INTERNATIONAL AND OTHERS MAY USE USER CONTENT
To the extent that you provide User Content, you grant Red Plough International Co. Ltd. a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Red Plough International the right to authorize participating institutions to use User Content with their registered students independent of the Services. Nothing in these Terms shall restrict other legal rights Red Plough International 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.
FEEDBACK
We welcome your suggestions, ideas, comments and other feedback regarding the Services (Feedback). By submitting Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Red Plough International does not waive any rights to use similar or related Feedback previously known to Red Plough International, developed by its employees or contractors, or obtained from other sources.
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Security
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Red Plough International cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing clayton@redplough.com.
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Third Party Content
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Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Red Plough International cannot guarantee that such third-party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Red Plough International disclaims any responsibility or liability related to your access or use of such third-party content.
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Copyright and Trademark Policy
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Red Plough International respects the intellectual property rights of our users, participating institutions, and other third parties and expects our users to do the same when using the Services. We have adopted the Red Plough International Copyright and Trademark Policy in accordance with applicable law, including the Digital Millennium Copyright Act.
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Education Research
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Red Plough International is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the course content. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.
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Paid Services
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Red Plough International offers paid Services for a fee. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Red Plough International reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.
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Modifying and Terminating Our Services
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We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Red Plough International may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. None of Red Plough International, its participating institutions and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the Red Plough International Parties) shall have any liability to you for any such action. You can stop using our Services at any time.
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Disclaimers
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The Services and all included content are provided on an as-is basis without warranty of any kind, whether express or implied. The Red Plough International Parties specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade. The Red Plough International Parties further disclaim any and all liability related to your access or use of the services or any related content. You acknowledge and agree that any access to or use of the services or such content is at your own risk.
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Limitation of Liability
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To the maximum extent permitted by law, the Red Plough International Parties 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: i) your access to or use of or inability to access or use the services; ii) any conduct or content of any party other than the applicable Red Plough International Party, including without limitation, any defamatory, offensive, or illegal conduct; or iii) unauthorized access, use, or alteration of your content or information. In no event shall Red Plough International’s aggregate liability for all claims related to the services exceed twenty U.S. Dollars or the total amount of fees received by Red Plough International from you for the use of paid services during the past six months, whichever is greater.
You acknowledge and agree that the disclaimers and the limitations of liability set forth in these terms of use reflect a reasonable and fair allocation of risk between you and the red plough international parties, and that these limitations are an essential basis to Red Plough International’s ability to make the services available to you on an economically feasible basis.
You agree that any cause of action related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
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Indemnification
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You agree to indemnify, defend, and hold harmless the Red Plough International Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: i) your use or attempted use of the Services in violation of these Terms; ii) your violation of any law or rights of any third party; or iii) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
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Governing Law and Jurisdiction
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The Services are managed by Red Plough International, located in the Kingdom of Thailand. You agree that any dispute related to these Terms will be governed by the laws of Thailand, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in Thai courts located in a as the legal forum for any such dispute.
Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or Red Plough International may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (ADR) provider, mutually agreed upon by you and Red Plough International. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
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General Terms
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REVISIONS TO THE TERMS
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
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SEVERABILITY & WAIVER
If any provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have, such as taking action in the future.
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PARTICIPATING INSTITUTIONS
Red Plough International’s participating institutions are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.
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Acceptable Use Policy
Effective: January 31 2019
YOU ARE PROHIBITED FROM USING OUR SERVICES TO SHARE CONTENT THAT:
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Contains illegal content or promotes illegal activities with the intent to commit such activities.
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Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
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Harasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.
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Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.
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Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
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Otherwise violates the Red Plough International Terms of Use. Please note that specific courses may have additional rules and requirements.
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YOU MAY NOT:
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Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
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Share your password, let anyone access your account, or do anything that might put your account at risk.
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Attempt to access any other user’s account.
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Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.
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Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.
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Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
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Try to reverse engineer any portion of our Services.
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Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
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Use our Services to distribute malware.
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Impersonate or misrepresent your affiliation with any person or entity.
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Encourage or help anyone do any of the things on this list.
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Copyright and Trademark Policy
Effective January 31, 2019
Red Plough International respects the intellectual property rights of our partner institutions, instructors, and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 (the DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
If you believe in good faith that materials on the Services infringe your copyright, the DCMA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
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The notice must include the following information:
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the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
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identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
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identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Red Plough International to locate the material on the Services;
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the name, address, telephone number, and email address (if available) of the complaining party;
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a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
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a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent:
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via mail: Copyright Agent, Red Plough International, 462/11 Ban Nong Li Hu, Tambon Sam Phrao, Muang Udon Thani, 41000, Thailand
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via email: clayton@redplough.com
Be aware that there can be penalties for false claims under the DMCA.
Red Plough International also respects the trademark rights of others. Accounts with any other content that misleads others or violates another’s trademark may be updated, suspended, disabled, or terminated by Red Plough International in its sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at clayton@redplough.com and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.
Red Plough International Refund Policy
Effective 31 January, 2019
For details on our refund deadlines and policies, please refer to the information below; note that our policies differ for individual payments versus group purchases, and that payment options may vary from one Service to another. We have no obligation to offer late refunds to learners who do not pass a course or Specialization, or who are otherwise unsatisfied with their final grade. For more information about our refund process, including instructions for requesting a refund, please visit our Information Library
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For Course Purchases
If you cancel your paid enrollment for a course, Red Plough International will offer you a complete refund up to 15 days after payment, or until you have earned your Course Certificate, whichever is earlier. Once you have earned a Course Certificate with your payment, you are not eligible for a refund even if it is within 15 days. If you’re taking a course through your company or organization then you can earn your certificate as long as your company’s contract with Red Plough International is active and your access has not expired in accordance with the terms of that contract. Similarly, refunds and cancellations will also be governed by the terms of that contract between your organization and Red Plough International.
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For Other Paid Services
Except as described in this Refund Policy or as explicitly stated as part of the sign-up process for a Service, Red Plough International has no obligation to provide refunds or vouchers for any other Services.
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