Terms of Use

Last Updated February 13, 2025‍

The services and content that Ziplines, Inc. (referred to as “Ziplines Education,” “us,” “we,” or “our”) provides to you through Ziplines Education’s website www.ziplines.com and applications (collectively, the “Platform”), and all related products, programs, mobile services, curriculum, courses, or learning assessment and interactive tools that we offer (collectively, “Services”) are subject to the terms and conditions contained in these Terms of Use (“Terms”), which incorporate by reference any rules or licenses posted in connection with specific program or course offerings and our Privacy Policy, available here. In the event a conflict exists between the terms of a specific license or rule related to a program or course offering and these Terms, these Terms shall prevail.

Acceptance of these Terms

By accessing our Platform or Services in any manner from any device or by clicking “Submit” on a registration, “enrollment” page, or a single-sign-on page (or similar mechanism), you are entering into a legally binding agreement with Ziplines Education regarding the use of our Platform or Services that binds you. By enrolling in courses or programs offered on our Platform, you acknowledge such course or program is designed, taught, and administered by Ziplines Education.  By accessing the Platform or Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms. If the individual who accepts these Terms is accepting on behalf of a company or other legal entity, that individual represents that they have the authority to bind that entity and its affiliates to these Terms, in which case the term “you”, “your”, and “yourself” also refers to that entity and its affiliates. 

YOU MAY NOT USE THE PLATFORM OR SERVICES OR ACCEPT THIS AGREEMENT IF YOU ARE NOT AT LEAST SIXTEEN (16) YEARS OLD. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OUR PLATFORM OR SERVICES. ALL USE OF OUR PLATFORM OR SERVICES IS EXPRESSLY CONDITIONED ON ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS OR DO NOT HAVE THE AUTHORITY TO BIND THE COMPANY OR OTHER LEGAL ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THESE TERMS, YOU SHOULD NOT USE, APPLY FOR, REGISTER FOR, OR ACCEPT ADMITTANCE INTO OUR PLATFORM OR SERVICES, AND YOU ARE NOT PERMITTED TO USE, APPLY FOR, REGISTER FOR, OR ACCEPT ADMITTANCE INTO OUR PLATFORM OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Changes to these Terms

We reserve the right to make changes to these Terms at any time, for any reason, in our sole and absolute discretion. We encourage you to review these Terms from time to time. If we change these Terms, we will post an updated version with a new effective date. If we make changes in a material way, we will post a prominent notice on our Platform and may send you a notice by email or text if you have provided us with your contact information.Your continued use of our Platform or Services following notice of such changes means that you accept and agree to be bound by these Terms as amended.  In the event that you do not consent and agree to the updated Terms, you must discontinue using our Platform or Services.

Communications

By providing us with your email address, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Where permitted by applicable law or when you have provided us with your consent, you may receive electronic or telemarketing communications from us related to our Platform or Services.  If you do not wish to receive such commercial electronic communications from us, you may unsubscribe by emailing our team at support@ziplines.com or use the unsubscribe link in the commercial electronic communication you received from us.  If you enrolled in any of our courses or programs or are otherwise a registered user, we may still use your email address to provide you with transactional communications, including information about your enrollment, your registration, payment information, receipts, responses to communications from you, and other information necessary for you to use our Platform or Services.  

By providing us with your mobile telephone number, you consent to receive communications from us via SMS or text messages to that number. You may also receive auto-dialed and prerecorded messages and communications. Such messages may be used to provide you with access to or use of our Platform or Services, to notify and collect on any past due amount, to provide information about our Platform or Services, and to enforce these Terms. You acknowledge and agree to be responsible for all standard phone charges from your mobile carrier. To permanently stop receiving SMS text messages from Ziplines Education (if you are located in the U.S. or Canada) text STOP, CANCEL, or UNSUBSCRIBE to (502) 237-4395 or in reply to any SMS text message sent by Ziplines Education.

Authorized Users

‍Access or use by anyone under the age of sixteen (16) is strictly prohibited. Use of our Platform or Services is for our registered users or enrolled students and for visitors to our Platform who want to learn more about Ziplines Education and our Services. Any commercial use is prohibited without Ziplines Education’s prior written consent. Keep in mind that federal, provincial, territorial, state, and local rules and regulations governing advertising apply to online and other web-based advertising, too. You are solely responsible for your compliance with applicable law.

Limitations on Use

‍While using the Platform or Services, you may not perform actions that could interfere with or otherwise adversely affect the proper functioning of the Platform or Services.  Without limiting the generality of the foregoing, you may not: 

• provide, disclose, divulge, or make available to, or permit use of the Platform, Services, or Ziplines Education Content (as defined below) by, any third party without Ziplines Education’s prior express written permission;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, Services, or Ziplines Education Content to any third party, including on or in connection with the internet or any time-sharing, service bureau, software as a service, cloud, or other technology or service;
• copy, modify, or create derivative works or improvements of or based on the Platform, Services, or Ziplines Education Content;
• use any robot, spider, scraper, crawler, artificial intelligence, bot or other automated means to access our Platform or Services for any purpose without Ziplines Education’s prior express written permission; 
• take any action that interferes with or disrupts the Platform or Services, including to reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Platform or Services, in whole or in part, or that may impose, in Ziplines Education’s sole discretion, an undue or disproportionate burden on Ziplines Education’s infrastructure; 
• bypass any measures Ziplines Education may use to prevent or restrict access to the Platform or Services including, without limitation, through password mining or contravention of technological protection measures; 
• remove, obscure, or alter any copyright, trademarks, or other proprietary rights notices affixed to or contained within the Platform, Services, or Ziplines Education Content;
• provide, or contribute any false, inaccurate, or misleading information via the Platform or Services;
• use the Platform or Services to stalk, attempt to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
• include or submit any material through the Platform or Services that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Zipline Education's sole discretion;
• use the Platform or Services to send altered, deceptive, or falsely-sourced information, including, without limitation, by forging TCP-IP packet headers or email headers; 
• upload, transmit, or distribute to or through the Platform or Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; 
• send through the Platform or Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; 
• use the Platform or Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
• promote any illegal activity, or advocate, promote, or assist any unlawful act; or
• otherwise access or use the Platform or Services beyond the scope of the authorizations expressly granted under these Terms.

Ziplines Education has the right, in its sole discretion, to change, modify, adapt, or discontinue any page, feature, content, or other component or element of the Platform, Services, or Ziplines Education Content (as defined below) at any time and for any reason, with or without prior notice to you.  All topics, grading or point systems, completion, matriculation, and all other evaluations and assessments are at Ziplines Education’s sole discretion.  Ziplines Education reserves the right to restrict your access to some or all parts of the Platform or Services at any time for any reason or for no reason, with or without prior notice to you.  You agree that these Terms will apply to any upgrades, changes, or modifications to our Platform, Services, or the Ziplines Education Content.

For purposes hereof, “Ziplines Education Content shall mean any type of material or information that is created with the intent to educate, inform, or teach a specific subject or skill. Ziplines Educational Content can be in contained various formats such as articles, videos, podcasts, infographics, webinars, and interactive modules. Ziplines Educational Content can be conveyed through a multitude of media, including but not limited to multimedia elements like videos, images, and interactive quizzes and accessed via the Platform, websites, and mobile applications.Any unauthorized or prohibited use of the Platform, Services, or Ziplines Education Content may subject you to civil liability and criminal prosecution under applicable provincial, territorial, state, and federal law.

User-Generated Content

Our Platform may provide the functional ability to post, submit, upload, embed, display, communicate, broadcast, or otherwise distribute content, including but not limited to text, documents, assignments, assessments, data, images, photographs, video clips, graphics, external links, location data, or other materials (collectively, “User Content”).  You hereby grant Ziplines Education a non-exclusive, irrevocable, worldwide, perpetual, royalty-free, fully paid, sublicensable and transferrable right and license to use, reproduce, transmit, broadcast, display, exhibit, distribute, index, comment on, modify, create derivative works, perform, or otherwise exploit such User Content and the personal information that forms part of the User Content which has been de-identified, aggregated, or anonymized, in whole or in part, in any format or manner and for any purpose, whether now known or hereafter devised or invented without further notice to you, with or without attribution. 

You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. We reserve the right to remove or modify User Content for any reason.  IF YOU DO NOT WANT TO PROVIDE ZIPLINES EDUCATION WITH SUCH RIGHTS, DO NOT SUBMIT USER CONTENT. 

By submitting User Content, posting, or otherwise providing or submitting content on the Platform, by any means whatsoever, you represent and warrant that: (a) you own or otherwise have all of the necessary rights to the User Content, and the rights to use it as provided in these Terms; (b) all information you provide is true, accurate, complete, and does not violate these Terms; and (c) the User Content will not cause injury or damage to any person or entity.  You shall be solely liable and responsible for any and all damages resulting from any infringement of patent, copyright, trademark, or other proprietary right or other harm resulting from your User Content.

We will use commercially reasonable efforts to make your User Content unavailable or inaccessible on your written request.  However, you acknowledge that User Content may not be made unavailable immediately, even if removed, and User Content may still exist on our server or through other user accounts or on the internet, generally. We are not responsible for ensuring the removal or unavailability of your User Content once you have posted or submitted any User Content.

We are not obligated to back up any User Content.  You are responsible for creating and maintaining your own backup copies of your User Content if you desire.

Feedback

We welcome your suggestions, ideas, comments, recommendations, corrections, enhancements and other feedback regarding the Platform, Services, Ziplines Education Content, or any other product or service developed by Ziplines Education or its affiliates (“Feedback”).  By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. Specifically, you grant to Ziplines Education, its affiliates, and their respective licensees, successors, and assigns, an exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid up, transferrable, and sublicensable right and license to use and incorporate Feedback in the Platform, Services, Ziplines Education Content, or any other product or service developed by Ziplines Education or its affiliates.

Tagged Social Media 

From time to time, Ziplines Education may use content you posted on social media channels (such as, by way of example, Instagram, LinkedIn, Facebook, Twitter, TikTok, etc.), including photography, videos, captions, and or related content, when you tag us using relevant hashtags (# or @) (your "Social Media Content"). You acknowledge and agree that your Social Media Content may be used in our marketing, advertising and social media channels, Services or other websites that we operate, control or partner with, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with your Social Media Content for identification, publicity related to the Services and similar promotional purposes, including after you terminate your account or your use of the Platform or Services. You represent and warrant that posting and use of your Social Media Content, including to the extent such Social Medial Content include your name, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark or other intellectual property rights. You represent and warrant that any statements or testimonials that are included in your Social Media Content are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences as it relates to Ziplines Education, our Platform and our Services.

Rules of Conduct

You agree that you will not post, submit, or otherwise distribute User Content or Social Media Content that:

• contains a virus or other harmful component, or that tampers with, impairs, or damages the Platform, any related network or IT systems or the technical delivery systems of Zipline Education’s service providers, or otherwise interferes with any other user’s enjoyment or use of the Platform or Services;
• disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
• contains someone else’s personal information without permission or authority; 
• contains encrypted content or encoded messages;
• impersonates or misrepresents your connection to Ziplines Education, another entity, person, or user, or otherwise manipulates headers or identifiers to disguise the origin of the content;
• interferes with, or otherwise harms or violates the security of the Platform or any system, resource, account, password, servers, or network connected to or accessible through the Platform or affiliated or linked sites;
• infringes any of Ziplines Education’s rights or those of a third party including, without limitation: copyright, trademark, patent, trade secret, moral rights or other proprietary rights or contractual rights, right of publicity or privacy, or confidentiality obligation;
• promotes any activity that may be illegal at the local, state, provincial or federal level or that is content that is itself illegal in any way;
• is untrue, inaccurate, deliberately misleading, or trade libelous;
• includes offensive language, hate speech, or defamatory, abusive, threatening, or harassing speech, racial, religious, or personal attacks or any kind, or is sexually explicit;
• constitutes stalking, bullying, or harassment;
• does not disclose that you are a commercial user;
• send through the Platform or Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or
• contains link(s) to other sites that contain content that falls into the categories above (collectively, “Rules of Conduct”).
  

If you are a registered or enrolled user, you agree that you will not cheat, help another person cheat, manipulate the program or course in any way, share assignment or examination solutions, or breach these Terms or the applicable course rules. You understand and agree that Ziplines Education may, in its sole discretion without notice, in compliance with any applicable enrollment agreement, terminate your enrollment for breach of these Terms without a refund. We reserve the right (but have no obligation) to review any User Content and to investigate and/or take appropriate action against you in our sole discretion (including terminating your account and/or reporting you to law enforcement authorities) if you violate these Terms.

We cannot (and do not) promise that other users are complying or will comply with these Rules of Conduct or any other provisions in these Terms. As between you and Ziplines Education, you hereby assume all risk of injury or harm, and waive any and all claims against Ziplines Education, of any nature whatsoever resulting from any such lack of compliance or use of our Platform or Services.

Although Ziplines Education is under no obligation to monitor, refuse, or remove any User Content from our Platform, Ziplines Education reserves the right to do so at Ziplines Education’s sole discretion. Without limiting the foregoing, Ziplines Education and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable, in Ziplines Education’s sole discretion.

User Accounts

Our Platform or Services may require you to register for a user account before you can access them. All programs and courses are restricted to enrolled users with a user account.  You agree that by registering for an account or enrolling in a course or program, you will abide by these Terms and will not use any means to deceive Ziplines Education or any entity assisting us in offering our Services.  Your user account is personal to you, and you may not sublicense, transfer, sell, or assign your account to any other person. To open an account, you must complete the application process by providing Ziplines Education with current, complete, and accurate information as prompted by the applicable application or enrollment form.  You must not impersonate any person or misrepresent your identity or affiliation with any person or entity, including any other person’s name, likeness, username, or other account information, and you may only open one account for your own use.  You are responsible for updating your information as necessary to remain complete and accurate.

If you open a user account, you will need to choose a password. You are entirely responsible for maintaining the confidentiality of your password, username, and other account information and you agree not to share your password or account with any third party.  Furthermore, you are entirely responsible for any and all activities that occur under your account.  If you become aware of any unauthorized use of your account or any other breach of security, you agree to notify us immediately by emailing us at security-alert@ziplines.com.  Ziplines Education will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.  If Ziplines Education or a third party incurs losses due to someone else using your account or password, you agree to indemnify Ziplines Education or such third party for those losses.

Subject to applicable law, we may suspend or terminate your account and your ability to use any portion of our Platform or Services for failure to comply with these Terms or for any other reason whatsoever.

Fees

Zipline Education offers paid Services for a fee. Unless otherwise stated, fees are quoted in the local currency of the school partner. Fees may vary based on your location and other factors, and Ziplines Education 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 below.

Payment Terms  

You agree to pay the fees for Ziplines Education Content or Services that you purchase on our Platform or through our partners, and you authorize us to charge your debit or credit card or process other means of payment (such direct debit, or mobile wallet) for those fees. Ziplines Education works with payment service providers (such as Stripe (US and Canada) and Affirm (US)) to offer you the most convenient payment methods in your country and to keep your payment information secure. We may update your payment methods using information provided by our payment service providers. Check out our Privacy Policy for more details.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the content you are enrolling in, you agree to pay us the corresponding fees within 7 days of notification from us. We reserve the right to disable access to any content for which we have not received adequate payment.

Refund Policy

Students will have one week or seven days after the posted course start date (the “Course Start Date”) to drop a course and receive a full refund of the amount collected to enroll in the course (the “Course Drop Period”).If a student wishes to withdraw from a course after the Course Drop Period (the “Drop Deadline”), a “withdrawal” status will be given, and no refund will be given. Furthermore, if you withdraw after the Drop Deadline, you are still liable for any unpaid portion of the course or program fee. Students may withdraw by contacting Ziplines Education at registrar@ziplines.com or by notifying us at learning@ziplines.com.

Third Parties

‍While using our Platform or Services, you may be introduced to, or be able to access, information, websites, advertisements, surveys, features, contests or sweepstakes offered by third parties (“Third-Party Links & Ads”). For example, our Platform may contain a link to a third-party website to our corporate or educational partners. These Third-Party Links & Ads are not under the control of Ziplines Education, and we are not responsible for them. Such Third-Party Links & Ads are provided solely as a convenience to you and do not imply our endorsement of, or any affiliation with, the owner of the linked website. Further, Ziplines Education does not review, approve, monitor, warrant, or make any representation with regard to the Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data-gathering practices. Ziplines Education is not responsible for the actions or policies of such third parties and, under no circumstances will Ziplines Education be liable for any goods, services, resources or content available through the Third-Party Links & Ads, or for any harm related thereto or resulting therefrom. Before clicking on the third party’s web page, providing information to such third party or otherwise entering into a transaction with such third party, you should carefully review that third party’s policies and practices and make sure you understand and accept them. Complaints, concerns or questions relating to materials provided by third parties, including Third-Party Links & Ads, should be forwarded directly to the third party.

Accessibility

Ziplines Education is committed to ensuring that the Platform and Services remain accessible to all individuals, regardless of disability. Ziplines Education will take reasonable steps to ensure that the Platform and Services meet common industry standards for accessibility and materially comply with the requirements of the Americans with Disabilities Act (“ADA”), the Accessibility for Ontarians with Disabilities Act (“AODA”), and other applicable legislation. If you have any suggestions about improvements Ziplines Education can make to enhance the accessibility of the Platform or Services, please contact us at learning@ziplines.com.

Intellectual Property Rights

Our Platform and Services, including without limitation, all software code, site architecture and design, tools, interactive features and appearance, all registered and unregistered trademarks, design marks and logos, service marks, and trade names used in connection with our Platform and Services (collectively, “Marks”), and all text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, instructional materials, assessments, quizzes, examinations, assignments, and other copyrightable elements, and the selection and arrangements thereof are the property of Ziplines Education and/or its assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S., Canadian, and foreign copyright, trademark, and other intellectual property rights laws. You may not make any use of any of the Marks without our express, prior written consent.

Subject to these Terms, Ziplines Education hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, store, view, and/or display the Ziplines Education Content solely for noncommercial purposes and solely in connection with your use of our Platform and Services in accordance with these Terms. YOU ACKNOWLEDGE AND AGREE THAT NOTHING IN THESE TERMS SHALL HAVE THE EFFECT OF TRANSFERRING THE OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS OR OTHER PROPRIETARY RIGHTS IN THE PLATFORM, SERVICES, OR ZIPLINES EDUCATION CONTENT OR ANY PART THEREOF TO YOU OR ANY THIRD PARTY. You agree not to take any action which could be considered inconsistent with or which is likely in any way to prejudice such ownership rights.

Dispute Resolution; Mandatory Arbitration

Please read this Arbitration Agreement carefully. To the maximum extent permissible by applicable law, this Arbitration Agreement forms part of your contract with Ziplines Education and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. Applicability of Arbitration Agreement.  All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms or the use of any product or service provided by Ziplines Education that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration proceedings shall be held in English.  This Arbitration Agreement applies to you and Ziplines Education and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under these Terms.

Notice Requirement and Informal Dispute Resolution.  Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to Ziplines, Inc. should be sent to 1180 San Carlos Ave #930, San Carlos, CA 94070.  After the Notice is received, you and Ziplines Education may attempt to resolve the claim or dispute informally.  If you and Ziplines Education do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules.  Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms.  The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any hearing permitted by the rules will be held (a) in the city and state where the main campus of the university partner whose course or program you are enrolled in is located or (b) in Santa Clara, California if you are not enrolled in a course or program, unless the parties agree otherwise.  The arbitrator shall give the parties reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider; provided, however, that the arbitrator shall have the discretion to alter the parties’ share of the fees and costs of the ADR Provider in accordance with the Arbitration Rules and related Principles.

Additional Rules for Non-Appearance Based Arbitration.  If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. 

Time Limits.  If you or Ziplines Education pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator.  If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Ziplines Education, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and these Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and Ziplines Education.

‍Waiver of Jury Trial.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in a court and are subject to very limited review by a court.  In the event any litigation should arise between you and Ziplines Education in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND ZIPLINES EDUCATION WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Confidentiality.  All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability.  If any part or parts of this Arbitration Agreement is found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Terms shall continue in full force and effect.

Right to Waive.  Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement.  This Arbitration Agreement will survive the termination of your relationship with Ziplines Education.

Small Claims Court.  Notwithstanding the foregoing, either you or Ziplines Education may bring an individual action in small claims court.

Emergency Equitable Relief.  Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration.  Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.

Courts.  In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within San Mateo County, California, for such purpose.  In the event you reside in Canada, you agree to submit to the personal jurisdiction of the courts located in Toronto (Ontario), Canada.

These terms shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.

Availability and Currency of the Platform and Services

While Ziplines Education endeavors to keep downtime to a minimum, we cannot promise that the availability of the Platform or Services will be uninterrupted, secure or error-free. We reserve the right to interrupt or suspend access to the Platform or Services, or any part thereof, with or without prior notice for any reason and you will not be entitled to any refund of fees or other compensation for any such interruption or suspension.

You are solely responsible, at your own expense, for obtaining and maintaining all Internet access, computer hardware, and other equipment and services needed to access and use the Platform and Services.

Warranty Disclaimer

YOUR USE OF THE PLATFORM, SERVICES, AND THE ZIPLINES EDUCATION CONTENT IS AT YOUR OWN RISK.  THE PLATFORM, SERVICES, AND THE ZIPLINES EDUCATION CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”  ZIPLINES EDUCATION SHALL HAVE NO LIABILITY WITH RESPECT TO THE SEQUENCE, ACCURACY OR COMPLETENESS, OR USEFULNESS OF THE PLATFORM, SERVICES, OR THE ZIPLINES EDUCATION CONTENT.  YOU AGREE THAT ANY MODIFICATIONS OR EFFORTS BY ZIPLINES EDUCATION TO MODIFY THE PLATFORM, SERVICES, OR THE ZIPLINES EDUCATION CONTENT SHALL NOT BE DEEMED A WAIVER OF THE LIMITATIONS CONTAINED HEREIN.

ZIPLINES EDUCATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES REGARDING: (a) THE PLATFORM; (b) THE SERVICES; (c) THE ZIPLINES EDUCATION CONTENT; (d) INFORMATION, PROGRAMS, COURSES, MATERIALS, AND SERVICES AVAILABLE THROUGH THE PLATFORM, SERVICES, OR ZIPLINES EDUCATION CONTENT; OR (e) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF ANY OF THE FOREGOING WHATSOEVER, INCLUDING WITHOUT LIMITATION JOB PLACEMENT, EMPLOYMENT, AND ADVANCEMENT.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ZIPLINES EDUCATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE PLATFORM, SERVICES, AND ZIPLINES EDUCATION CONTENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ZIPLINES EDUCATION SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR: (a) LOSS OR DELETION OF, OR FAILURE TO RECEIVE, PROCESS OR STORE ANY USER CONTENT OR OTHER INFORMATION MAINTAINED ON OR TRANSMITTED USING THE PLATFORM OR SERVICES; (b) SOFTWARE, VIRUSES, OR OTHER DESTRUCTIVE, HARMFUL, OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY; (c) USER CONTENT OR OTHER INFORMATION POSTED ON THE PLATFORM OR SERVICES BY THIRD PARTIES; OR (d) THE ACTIONS OF ANY THIRD PARTY. ZIPLINES EDUCATION DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE PLATFORM OR SERVICES. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN ALL CASES, ZIPLINES EDUCATION’S LIABILITY TO YOU, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR A BREACH OF ZIPLINES EDUCATION’S OBLIGATIONS UNDER THIS AGREEMENT OR ZIPLINES EDUCATION’S PRIVACY POLICY, OR FOR NEGLIGENCE, SHALL BE LIMITED TO THE GREATER OF $50.00 OR THE TOTAL FEES YOU HAVE PAID TO ZIPLINES EDUCATION FOR YOUR USE OF THE PLATFORM OR SERVICES IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE CLAIM, AS LIQUIDATED DAMAGES, NOT AS A PENALTY, AND AS YOUR SOLE AND EXCLUSIVE REMEDY.  TO THE FULLEST EXTENT PERMITTED BY LAW, ZIPLINES EDUCATION, ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, AND THEIR RESPECTIVE MEMBERS, MANAGERS, EMPLOYEES, REPRESENTATIVES, SERVANTS, CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR ANY REASON, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR EVEN IF THE ABOVE LIQUIDATED DAMAGES SHOULD FAIL IN THEIR ESSENTIAL PURPOSE.

To the maximum extent permitted by law, you also agree that you will not seek to hold Ziplines Education and its affiliates liable:

• directly or indirectly in contract, tort, equity or otherwise for any damage (including direct, indirect, incidental, consequential, special, punitive, exemplary and aggravated damages and damages for loss of use, profits or revenue) or other remedy whatsoever in connection with the Platform or Services; and

• to you or anyone else for any loss or damage, however caused which may be directly or indirectly suffered in connection with websites of other entities that are hyperlinked from the Platform or Services.

Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, and in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnity

You agree to indemnify, defend and hold harmless Ziplines Education, and its past, present, and future suppliers, content providers, licensors, and its and their respective members, managers, shareholders, officers, directors, employees, representatives, service providers, contractors and agents from any and all claims and damages (including, without limitation, attorneys’ fees, expert witness fees, and court costs) arising from or relating to any allegation regarding: (a) your use of the Platform or Services; (b) Ziplines Education’s use of any User Content you provide, as long as such use is not inconsistent with these Terms; (c) User Content or other information posted or transmitted through your account, even if not posted or transmitted by you; and (d) your violation of these Terms or any applicable law.  Ziplines Education reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of Ziplines Education.  Ziplines Education will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Privacy

Your use of our Platform and Services and any information you provide to Ziplines Education is governed by Ziplines Education’s Privacy Policy, which is available here, and which is incorporated herein by this reference.

Security

We care about the security of our users and our Platform. While we work to protect the security of our Platform, Ziplines 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 our Platform by emailing us at security-alert@ziplines.com.

Copyright Dispute Policy

United States
If you are a copyright owner or an agent thereof and believe that any material available on the Platform infringes upon your copyrights, you may submit a notification of claimed infringement (“Notification”) pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Ziplines Education’s agent designated to receive Notifications (“Copyright Agent”) with a notice containing the information described below.

Please note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be subject to liability for damages. Please also note that the information provided in a Notification may be forwarded to the person who posted the allegedly infringing material.

All Notifications must include the following (see 17 U.S.C § 512(c)(3) for further details):

- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Ziplines Education to locate the material;
- Information reasonably sufficient to permit Ziplines Education to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- 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
- 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.

Designated Agent:
Mail: Ziplines, Inc.
Attn: Copyright Agent
1180 San Carlos Ave.  #930 
San Carlos,  CA   94070
E-mail: support@ziplines.com

If you believe that material you posted to our Platform that was removed (or to which access was disabled) as a result of a Notification is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material, you may send a written counter notification (“Counter Notification”) to the Copyright Agent containing the information described below.

Please note Ziplines Education is required to send a copy of your Counter Notification to the party who submitted the Notification and that in response to a Counter Notification that person may file a lawsuit against you seeking a determination of its rights with respect to the material.  Please also note that under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability for damages.

All Counter Notifications must contain the following (see 17 U.S.C. § 512(g)(3) for further details):
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the District in which the address you list is located, or if that address is located outside of the United States, for the Northern District of California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.

After receipt of a Notification or Counter Notification, Ziplines Education will comply with the applicable procedures set forth in 17 U.S.C. § 512. Pursuant to 17 U.S.C. § 512(i)(l)(A), it is Ziplines Education’s policy to terminate user account holders who are repeat infringers in appropriate circumstances.

Canada
If you believe that material or content that resides or is accessible on or through the Platform infringes a copyright, please send a notice of claimed infringement to Ziplines Education, either by email at support@ziplines.com or by mail to Ziplines, Inc., Attn: Customer Support, 1180 San Carlos Ave.  #930, San Carlos, CA   94070.

The notice should contain the following information:

• contact information about the claimant, including name, mailing address, and other particulars required to communicate with the claimant;
• identification of the work or other subject matter to which the claimed infringement relates;
• a description of the claimant’s interest or rights in or to the work or other subject matter;
• identification of the electronic location of the infringing material to which the claimed infringement relates, with sufficient detail so that Ziplines Education is capable of finding and verifying its existence;
• the data and time of the commission of the claimed infringement; and
• any other information that may be prescribed under applicable laws.

The notice may not contain any of the following:

• an offer to settle the claimed infringement;
• a request or demand, made in relation to the claimed infringement, for payment or for personal information;
• any reference, including by way of hyperlink, to such an offer, request, or demand; or
• any other information that may be prescribed under applicable laws or regulations.

If the notice is not compliant with these requirements, Ziplines Education will have no legal or other obligation to take any action in relation to the claimed infringement.

If a proper bona fide infringement notice is received in accordance with these Terms, it is Ziplines Education’s policy to remove or disable access to the infringing material; notify the user that posted, submitted, or uploaded the subject content that Ziplines Education has removed or disabled access to the material; and where Ziplines Education deems appropriate, discipline repeat offenders, in accordance with applicable laws, by suspending or terminating the offender’s access to or use of the Platform and the Services, in whole or in part.

Assignment

‍These Terms and any rights and licenses granted hereunder may not be transferred or assigned, subcontracted, delegated, or otherwise transferred by you without Ziplines Education’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Ziplines Education may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon permitted assignees.

Termination

We may terminate your access to and use of the Platform and/or Services and related services at our sole discretion, at any time and without notice to you. If Ziplines Education determines, in its sole discretion, that you are in violation of any provision of these Terms, Ziplines Education may suspend or terminate your use or access to the Platform and/or Services without the notice to you. At all times, Ziplines Education shall have the discretion to take such action as Ziplines Education deems necessary, in its sole discretion, to preclude a violation, and Ziplines Education shall not be liable for any damages of any nature suffered by you or a third party resulting from Ziplines Education's exercise of its rights under these Terms. Upon any termination, discontinuation or cancellation of services or your account, the following sections will survive: Rules of Conduct, Intellectual Property Rights, Feedback, Social Media Content, Payment Terms, Refund Policy, Warranty Disclaimer, Limitation of Liability, Indemnity, Dispute Resolution and Miscellaneous.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ziplines Education as a result of these Terms or use of our Platform or Services.

A printed version of these Terms and of any notice given in electronic form shall be admissible in any judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of these Terms is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect to the extent that the remaining provisions can be substantially applied within the original intent of these Terms taken as a whole.  Any court holding a provision to be invalid, illegal, or unenforceable shall not render the offending provision void or unenforceable but instead shall modify the provision to the minimum extent necessary to make the provision valid, legal, and enforceable.

The Platform and Services may be subject to U.S. and Canadian export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any technical data acquired from Ziplines Education or any products utilizing such data in violation of the United States, Canadian, or other applicable export laws or regulations. Use of a virtual private network service, IP routing services, or other similar service for the purpose of circumventing these laws is strictly prohibited.

The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.

Ziplines Education’s failure to exercise or enforce these Terms shall not operate as a waiver of such right or provision.  In the event of the termination of these Terms, you agree that the following provisions will survive: the provisions regarding limitations on your use of User Content, Ziplines Education Content, and the Marks, the license(s) you have granted to Ziplines Education, the limitation on liability, indemnity, and all other provisions for which survival is equitable or appropriate.

This Terms, any rules or licenses posted in connection with specific program or course offerings, and our Privacy Policy constitute the entire agreement between you and Ziplines Education regarding the subject matter herein, and supersede any prior understandings or agreements, written or oral.

It is the express wish of the parties that these Terms and all related documents be drawn up in English. C'est la volonté expresse des parties que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

Contact Us

If you have any questions about these Terms, the Platform, the Services, or to resolve a dispute, you may contact Ziplines Education by:

Mail: Ziplines, Inc.
          Attn: Customer Support
          1180 San Carlos Ave.  #930 
          San Carlos, CA   94070

E-mail: support@ziplines.com

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.