Terms of Service

Thank you for using Kólá Abímbọ́lá LMS. As a learner enrolled in one of my courses, you are required to use, access, and interact with the learning management system (“LMS”), which includes all content, information, and functionality available through the https://lms.abimbola.net domain name, mobile applications, and any other media, telephony, software, devices or networks now in existence or developed later in connection with the program or other functionality displayed or available to you through this LMS.

By using, accessing, and interacting with the LMS, you agree to be bound by the following LMS terms of use (“Terms of Use”) and the LMS privacy policy (“Privacy Policy”), which is incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use, and the Privacy Policy, do not use the LMS.

Kọ́lá Abímbọ́lá LMS (or “LMS” or “Kọ́lá Abímbọ́lá”) reserves the right to modify or revise these Terms of Use, in its sole discretion, at any time. Your continued usage of the LMS will mean you accept those changes and comply with all applicable laws and regulations. The materials provided on this LMS are protected by law, including, but not limited to, United States copyright laws and international treaties.

Eligibility

You must be 18 years of age or older to visit or use the LMS in any manner. By visiting the LMS or accepting these Terms of Use, you warrant and represent that you are either 18 years of age or older, an emancipated minor, or possess legal parental and/or guardian consent, and are capable of entering into the terms and conditions, obligations, affirmations, representations, and warranties outlined in terms of use and the Privacy Policy.

Learning Management System Services

Kọ́lá Abímbọ́lá LMS provides the LMS as a service to you to facilitate your studies in classes you take with Dr. Kọ́lá Abímbọ́lá. You must use the LMS to participate in my courses, such as attending class sessions or discussions, obtaining faculty feedback, or submitting assignments. You agree that Kọ́lá Abímbọ́lá LMS may record, archive, and make available recordings of live class sessions through the LMS (the “Recordings”) for your reference. The Recordings may be made available to other users who access the LMS and need to view the Recordings as part of their participation in my courses.

In addition, by using the LMS, you acknowledge and agree that Kọ́lá Abímbọ́lá may communicate with you and send you administrative messages and service announcements regarding your participation in my classes (the “Class Communications”). You cannot opt out of receiving the Program Communications while enrolled in my classes.

Account Information Obligations

You are responsible for submitting, maintaining, and updating the information you submit through your account (such as your user name and password) (“Your Account Information”) to ensure that all information is and remains accurate, current, and complete. You are solely responsible for all activity associated with your account information, including your online conduct and use of the LMS and the consequences of any such use. As such, you should maintain the confidentiality of your account login and password.

If Your Account Information is not accurate, current, or complete, or if Kọ́lá Abímbọ́lá LMS has reason to believe that Your Account Information is not accurate, current, or complete or that the LMS is being accessed by Your Account Information in violation of these Terms of Use, Kọ́lá Abímbọ́lá LMS has the right to suspend or terminate your account and prohibit you from any and all future use. Should you become aware of any unauthorized use of Your Account Information, you should notify Kọ́lá Abímbọ́lá LMS immediately by sending an email to info@abimbola.us with the words “Unauthorized Access” in the subject line of email.

LMS Materials; Use Restrictions

The LMS contains copyrighted material (including but not limited to text, graphics, videos, images, music, sounds, source code, user-generated content, and compilations of individual data), trademarks, trade names, other proprietary information, and other content such as text, graphics, images, photographs, illustrations, logos, information obtained from Kọ́lá Abímbọ́lá LMS’s licensors (collectively, “LMS Materials”). You acknowledge and agree that Kọ́lá Abímbọ́lá LMS retains all ownership, rights, title, and interest to and in the LMS Materials. You represent and warrant that you will not:

copy, modify, publish, transmit, distribute, publicly perform, publicly display, reverse engineer, create derivative works of, sell, or otherwise exploit any LMS Materials (including but not limited to any LMS Materials that you download), excluding information that is in the public domain or has been licensed to you; and
(endeavor to ascertain any source code used in connection with the LMS.

You may view, access, download, or print hard copies of the LMS Materials only for your personal, educational, and non-commercial use and where such option is made available to you in the LMS. You may not change the LMS Materials in any way or copy, modify, publish, transmit, distribute, publicly perform, publicly display, reverse engineer, create derivative works of, sell, or otherwise exploit or use them for any public or commercial purpose. We strictly prohibit any use of the LMS Materials for any purpose not specifically identified or authorized in these Terms of Use or expressly permitted by Kọ́lá Abímbọ́lá.

You may not, without Kọ́lá Abímbọ́lá LMS’s written permission, “mirror” any LMS Materials contained in the LMS or any other server. You may not use the LMS for any unlawful or prohibited purpose by these Terms of Use. You may not use the LMS in any manner that could damage, disable, overburden, impair the Site, or interfere with any other party’s use and enjoyment of the LMS. You may not attempt to gain unauthorized access to the LMS through hacking, password mining, or other means. Kọ́lá Abímbọ́lá LMS reserves the right, in its sole discretion, to terminate your access to the LMS, or any portion thereof, at any time, for any reason or no reason at all, without prior notice or any notice.

Your Content

You agree that you alone are responsible for any and all text, graphics, videos, images, music, sounds, and any other content that you publish, upload, display, or transmit on or through the LMS (collectively “Your Content”), including any information that you submit in connection with your participation in the Program. The term “Your Content” does not include any Recordings, as defined in these Terms of Use. You further agree that Your Content is true and accurate and that Your Content will not contain any information that you did not create or that you do not have permission to publish, upload, display, or transmit on the LMS. You are responsible for creating backup copies of any of Your Content that you post on the LMS or otherwise provide to Kọ́lá Abímbọ́lá LMS and any necessary replacement thereof.

You agree that Kọ́lá Abímbọ́lá LMS may review any of Your Content posted on the LMS and delete or remove any of Your Content for any reason, including where Kọ́lá Abímbọ́lá LMS reasonably determines that Your Content violates these Terms of Use or is offensive or illegal, or may violate the rights of, harm, or threaten the safety of others.

By publishing, uploading, displaying, or transmitting Your Content to the LMS, you permit and direct the Kọ́lá Abímbọ́lá LMS to create such copies of Your Content as may be deemed necessary to facilitate the posting and storage of Your Content on the LMS. By publishing, uploading, displaying, or transmitting Your Content to the LMS, you hereby grant to Kọ́lá Abímbọ́lá LMS a limited, transferable, and worldwide license (which includes the right to sublicense) to copy, modify, publish, transmit, distribute, publicly perform, or publicly display Your Content. You may remove Your Content at any time unless otherwise instructed by your professor. If you remove Your Content, you agree that Kọ́lá Abímbọ́lá LMS may preserve archived copies of Your Content and that any previous uses by Kọ́lá Abímbọ́lá LMS before your removal shall remain fully permissible as set forth hereunder.

By publishing, uploading, displaying, or transmitting Your Content to the LMS, you understand and agree that other users of your LMS community may access, view, store, and reproduce any of Your Content posted by you on the LMS to the extent permitted herein, subject to any applicable restrictions.

User Code of Conduct

Kọ́lá Abímbọ́lá LMS provides the LMS to you for your personal, educational, and non-commercial use only. You agree that Your Content does not include any libelous, defamatory, or otherwise unlawful material or violate or infringe upon the rights of any third party, including but not limited to any and all copyright, trademark, privacy, publicity, or other personal or proprietary rights.

Additionally, you represent and warrant that you will not visit or use the LMS to:

publish, upload, display, transmit, or otherwise make available:
any of Your Content that Kọ́lá Abímbọ́lá LMS may reasonably deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, false, invasive of privacy or publicity rights, hateful, discriminatory, defamatory, or racially, ethnically, or otherwise (similarly) objectionable;
any of Your Content that would constitute, encourage, or provide instructions for a criminal offense or violate the rights of any party or that would otherwise create liability or violate any local, state, national, or international law;
any unsolicited or unauthorized advertising, solicitations, promotional materials, or any other form of solicitation;
any materials that contain software viruses or any other computer code, files, or programs designed to interrupt, or destroy any computer software or hardware, or telecommunications equipment;
objectionable, that restricts or inhibits any other person from using or enjoying the LMS, or that may expose Kọ́lá Abímbọ́lá LMS or LMS users to any harm or liability of any type;
engage in any unlawful conduct or act in any other manner that could damage, disable, overburden, or impair the LMS;
obtain email addresses or other contact information of any individual from the LMS for the purposes of sending unsolicited emails or other unsolicited communications for commercial purposes or unrelated to your participation in the Program;
intimidate or harass any individual;
use automated scripts to collect information from or otherwise interact with the LMS;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity; or
use or attempt to use another’s account, service, or system without authorization from Kọ́lá Abímbọ́lá LMS, or create a false identity on the LMS.

You are solely responsible for your interactions with any other individuals who visit or use the LMS and for resolving any disputes that might arise due to your interactions. Notwithstanding the foregoing, Kọ́lá Abímbọ́lá LMS reserves the right to monitor disputes between you and any other individual who visits or uses the LMS and to take any action that they, in their sole discretion, deem necessary up to and including termination of an individual’s access to and use of the LMS.

Hyperlinks from the Website

The LMS may contain hyperlinks to other websites and webpages (“Third-Party Websites”) as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). Kọ́lá Abímbọ́lá LMS does not investigate, monitor, or review any Third-Party Website or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. Kọ́lá Abímbọ́lá LMS is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Website. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the LMS does not indicate Kọ́lá Abímbọ́lá LMS’s approval or endorsement thereof. If you choose to leave the LMS to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

Intellectual Property Rights

Trademarks, logos, and service marks displayed or otherwise used on the LMS, including, but not limited to, “Southern Methodist University” and “Kọ́lá Abímbọ́lá LMS” (collectively the “Intellectual Property”), are registered trademarks of Kọ́lá Abímbọ́lá LMS. Intellectual Property is protected by law. All rights in the Intellectual Property are reserved to Kọ́lá Abímbọ́lá LMS, the University, or their licensors, affiliates, principals, or partners. Nothing contained on the LMS should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property displayed on the LMS without the written permission of Kọ́lá Abímbọ́lá LMS or the third party that may own the Intellectual Property displayed on the LMS. Your misuse of the Intellectual Property displayed on the LMS is strictly prohibited.

Digital Millennium Copyright Act

Any copyright owner or its agent that believes that any Materials or other content on the LMS infringes upon its copyright(s) should give written notice to Kọ́lá Abímbọ́lá LMS’s authorized agent, listed below, in accordance with the Digital Millennium Copyright Act (“DMCA”). The notice to Kọ́lá Abímbọ́lá LMS shall contain the following information:

authorized to act on behalf of the owner of a copyright that has allegedly been infringed upon;
Identification of the copyrighted work claimed to have been infringed or a representative list of such works;
Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity that is reasonably sufficient to permit Kọ́lá Abímbọ́lá LMS to locate the material;
The contact information of the copyright owner or the individual authorized to act on behalf of the copyright owner, such as an address, telephone number, and, if available, an email address;
A statement that the copyright owner or the individual authorized to act on behalf of the copyright owner has a good faith reasonable belief that the particular use of the identified material is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the notification is accurate and that the individual submitting the notice is authorized to act on behalf of the copyright owner that has been allegedly infringed.

Any copyright owner or its agent may provide written submissions of alleged infringements to Kọ́lá Abímbọ́lá LMSs at: info@abimbola.us.A notice may not be valid if it fails to comply with all of the above-listed requirements.

Disclaimers and Warranties

Your use of the LMS is at your sole risk. Any material you download or otherwise obtain through your use of the LMS is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or other device or data loss resulting from downloading any such material. No advice or information, whether oral or written, obtained by you from Kọ́lá Abímbọ́lá LMS, their subsidiaries, agents, affiliates and/or licensors, or other users of the LMS, or through or from the LMS shall create any warranty not expressly stated in these Terms of Use.

KỌ́LÁ ABÍMBỌ́LÁ LMS PROVIDES THE LMS “AS IS” AND “AS AVAILABLE,” AND KỌ́LÁ ABÍMBỌ́LÁ LMS, ITS SUBSIDIARIES, AGENTS, AFFILIATES AND/OR LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

YOUR USE OF THE LMS WILL MEET YOUR ACADEMIC REQUIREMENTS;
YOUR USE OF THE LMS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE LMS WILL BE ACCURATE OR RELIABLE; OR
THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE LMS WILL BE CORRECTED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KỌ́LÁ ABÍMBỌ́LÁ LMS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT KỌ́LÁ ABÍMBỌ́LÁ LMS’S WARRANTY OR LIABILITY FOR LOSSES, WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT, BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND KỌ́LÁ ABÍMBỌ́LÁ LMS’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT KỌ́LÁ ABÍMBỌ́LÁ LMS, ITS SUBSIDIARIES, AGENTS, AFFILIATES, AND LICENSORS SHALL BE LIABLE TO YOU FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER, CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL, ANY LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS; OR (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY CHANGES WHICH KỌ́LÁ ABÍMBỌ́LÁ LMS MAY MAKE TO THE LMS, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE LMS (OR ANY FEATURES WITHIN THE LMS); (II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY OF YOUR CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE LMS; (III) YOUR FAILURE TO PROVIDE KỌ́LÁ ABÍMBỌ́LÁ LMS WITH ACCURATE PERSONAL INFORMATION; OR (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

THE LIMITATIONS ON KỌ́LÁ ABÍMBỌ́LÁ LMS’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT KỌ́LÁ ABÍMBỌ́LÁ LMS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

Indemnification

You agree to indemnify, defend, and hold harmless Kọ́lá Abímbọ́lá LMS, its respective officers, directors, employees, agents, and affiliates from and against any and all legal claims arising from your inappropriate use of the LMS, or your violation of any of these Terms of Use. Your indemnification obligation to Kọ́lá Abímbọ́lá LMS shall survive these Terms of Use and your use of the LMS.

Modification or Suspension of the LMS

You agree that Kọ́lá Abímbọ́lá LMS may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the LMS, any part thereof or any LMS Materials, temporarily or permanently, without notice or liability to you.

Governing Law; Severability

You acknowledge and agree that any and all disputes, claims, and causes of action arising out of, or in connection with, in whole or in part, your use of the LMS shall be resolved exclusively by a court of competent jurisdiction located in Prince George’s County, Maryland. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms of Use, your rights and obligations, or the rights and obligations of Kọ́lá Abímbọ́lá LMS or the University shall be governed by, and construed in accordance with, the laws of Maryland, without giving effect to any choice of law or conflict of law rules (whether of Maryland or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Maryland.

Severability

The Terms of Use and Privacy Policy, together with any applicable software licensing agreement(s), shall constitute the entire agreement between you and Kọ́lá Abímbọ́lá LMS related to your use of the LMS. The various provisions of the Terms of Use and Privacy Policy are separate and independent and should any term be declared invalid or unenforceable by a court or other appropriate tribunal, the remaining provisions and terms shall remain in full force and effect. The Terms of Use and Privacy Policy shall be binding on the parties and their respective successors and assigns.

Entire Agreement

The Terms of Use and Privacy Policy shall constitute the entire agreement between you and Kọ́lá Abímbọ́lá LMS with respect to the LMS. The Terms of Use and Privacy Policy shall be binding on the parties and their respective successors and assigns.

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