Terms Of Use

Overview
By using our product and subscribing to our Template Library, you agree to the following terms:
This site, comprendo.me, (hereafter referred to as comprendo.me, site, Service, Library, or Website) is owned and operated by Comprendo Learning (hereinafter referred to as Comprendo Learning, Comprendo Learning trades as Tubale a Delaware Limited Liability Company, we, or Company). Please carefully read, review and be sure you understand our Terms of Use prior to downloading or using any of the materials or Products from comprendo.me. You should carefully read all of our terms and conditions as your purchase or use of any comprendo.me. Product(s), membership, or services and use of this Website and any materials or Products available herein identifies that you agree to the following Terms of Use and that you agree to be bound by these terms and conditions accordingly. If you do not agree to these terms then you should leave this Website immediately, not use any of the materials or Products available herein, and/or not subscribe to this service.
When you subscribe to our templates library we hereby grant to you a nonexclusive limited, nontransferable license to use the templates/images that you download for the following permitted uses: Advertising, training, and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards and promotional postcards.
Prohibited uses include, but are not limited to, the following: Design template applications intended for resale, whether on-line or not, including, without limitation, website templates, eLearning templates, flash templates, business card templates, electronic greeting card templates, and brochure design templates. You may not offer these templates for a price or for free on a website, blog, or social network.
You may only use these downloaded assets while operating under a current subscription to the library. Once your subscription has expired and/or is canceled you must immediately delete any downloaded assets that are not currently embedded in existing content. You do NOT need to remove assets from content that is currently part of a course/content. You may continue to edit and maintain templates that are currently in existing content.
Any new features, enhancements, tools or resources that augment the current Library, shall be subject to the Terms of Use. Continued use of the Library after any such change shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your account.
Use of Library by You
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You must provide your legal full name, a valid email address, and any other information required by Comprendo. Learning in order to complete the signup process.
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You must be at least 17 years of age to use this Service.
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Accounts registered by “bots” or other automated methods are not permitted.
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Though highly unlikely, Comprendo Learning reserves the right at anytime and from time to time to modify or discontinue, temporarily or permanently, the Library or any part thereof, with a 30-day notice. You agree that Comprendo Learning shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Library. Any unexpended or unearned subscription fees paid by the customer at the time of cancellation shall be refunded immediately upon termination or discontinuance.
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Technical support is provided at no charge to paying accounts. It may not be provided to accounts in the free trial stage, at Comprendo Learning's discretion.
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You may not sublicense, assign, or transfer this license to anyone else without prior written consent from Comprendo Learning.
Payment, Upgrading, Downgrading Terms
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All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
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For any upgrade or downgrade in plan level, the credit card that you provided will be automatically charged the new rate on your next billing cycle. You will be asked to verify this charge before hand.
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Downgrading your Service may cause the loss of content, features, or capacity of your Account. Comprendo Learning does not accept any liability for such loss.
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You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
Renewals
Monthly and annual renewals will automatically be billed to the credit card on file. If you desire to terminate your service, then you must send an email to support@comprendo.me (Refer to the section, “Cancellation and Termination” for more information). If the credit card on file is no longer valid Comprendo Learning will attempt to contact the contact person on the user account. If the service is not paid for within 5 business days of the renewal date the service/account will be suspended until payment is made.
Cancellation and Termination
You are solely responsible for properly canceling your account. To cancel your account, send an email to support@comprendo.me. You agree that Comprendo Learning has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service, or to provide any particular type or amount or quality of storage. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Upon your cancellation, no credits are given for unused days in a monthly plan or months unused in an annual plan.
Comprendo Learning, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Comprendo Learning service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. In the event of Service termination or cancellation, provisions of these Terms of Service related to the following shall survive: Indemnity, Privacy, Proprietary Rights, Appropriate Content, Exclusion of Warranties and Limitation of Liability. For the protection and safety of all of our customers, Comprendo Learning reserves the right to refuse service to anyone for any reason at any time, with or without notice.
Login and Users
If you purchase a “single designer” license your login may only be used by one person—a single login shared by multiple people is not permitted. Each person that is downloading and/or building content using the assets should have a unique user account.
Terms of Account Security and Legal Activities
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Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
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You are responsible for maintaining the security of your account and password. Comprendo Learning cannot and will not be liable for any loss or damage from your failure to provide Comprendo Learning with accurate information or to comply with security obligations.
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You agree to immediately notify Comprendo Learning of any unauthorized use of your password or account, or any other breach of security.
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You are responsible for your own conduct. You are also responsible for all content posted and activity that occurs under your account, even when content is posted by others who have accounts under your account.
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You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, trademark laws, patent laws, other intellectual property or industrial property laws, privacy laws, data export laws, and laws regarding libel and defamation).
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You agree not to engage in any activity that interferes with or disrupts the Service, or the servers and networks connected with the Service.
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You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without the express prior written permission of Comprendo Learning.
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You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Comprendo Learning, or any other Comprendo Learning service. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
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You must not transmit any worms or viruses or any code of a destructive nature.
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If your bandwidth usage/ downloads significantly exceeds the average bandwidth usage (as determined solely by Comprendo Learning) of other Comprendo Learning customers on your same account level, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
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Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Comprendo Learning customer, employee, member, or officer will result in immediate account termination.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Comprendo Learning disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Comprendo Learning does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Comprendo Learning does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Under no circumstances shall Comprendo Learning be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Comprendo Learning or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof.
You understand that Comprendo Learning uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service. Comprendo Learning does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.
Indemnification
You agree to indemnify, defend, and hold harmless Comprendo Learning, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Changes to Service and Pricing
Although Comprendo Learning endeavors to maintain its prices indefinitely once a subscriber becomes a paying customer, Comprendo Learning reserves the right at any time, and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Notwithstanding the foregoing, Comprendo Learning will endeavor to provide the customer with a 30-day notice of any changes and the customer shall have the right to cancel the Service and receive a full refund of any unexpended subscription fees. Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change upon a 30-day notice from us. Such notice may be provided at any time by posting the changes to the eLearning Templates Site (http://www.comprendo.me) or the Service itself. Comprendo Learning shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. When a price change is made by Comprendo Learning, you can continue using the service through the end of your paid subscription period without paying any additional fees. Once your paid subscription period has passed, you will be charged the new price for the next period.
Proprietary Rights
We claim no intellectual property rights over the material you create through the Service. Your profile and materials created remain yours. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through the Service and you are responsible for protecting those rights, as appropriate. Subject to the Terms of Service, Comprendo Learning grants you a personal, nontransferable and nonexclusive right and license to use the assets in the Library; provided that you do not (and do not allow any third party to) create template assets that you sell and/or distribute for free. (Basically you cannot start selling templates that you create with assets from our Library.)
You agree not to access the Library by any means other than through the interface that is provided by Comprendo Learning for use in accessing the Service. It is Comprendo Learning's policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act or other applicable law. To learn more or to submit a notice, please contact Comprendo Learning on the website.
General Conditions
Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and Comprendo Learning and govern your use of the Service, superseding any prior agreements between you and Comprendo Learning for the use of the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, third-party content or third-party software.
Choice of Law and Forum. The Terms of Service and the relationship between you and Comprendo Learning shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and Comprendo Learning agree to submit to the personal and exclusive jurisdiction of the courts located within or nearest to Utah County, Utah.
Waiver and Severability of Terms. The failure of Comprendo Learning to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
Notices. You agree that Comprendo Learning may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the Service. Your notices to Comprendo Learning must be sent by an email, which is acknowledged by a reply from Comprendo Learning, or by a courier service which provides delivery confirmation.
Assignment. Comprendo Learning may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Instead, you may cancel your access to the Service. The other party may then establish a Service account and enter into a contract with Comprendo Learning.
Miscellaneous. The section headings in the Terms of Service are for convenience only and have no legal or contractual effect. Questions about the Terms of Service should be sent to Andrew at Comprendo Learning dot com.
If you have licensing questions please contact us.

Icon Library Subscribers

Users subscribed to the Comprendo Learning Icon Library are subject to follow and legally bound to the Terms and Conditions associated with Icons8.com. View Terms »

Customizable Courseware

IMPORTANT READ CAREFULLY:
This End User License Agreement (the "Agreement"), is between "You" (the user of the CUSTOMIZABLE COURSEWARE if purchased on an individual basis); or the company purchasing licenses on behalf of its employees and "Comprendo Learning" means Comprendo Learning. In the event this license is purchased by a company on behalf of its employees, the person agreeing to the terms and conditions set forth herein represents that they are authorized to bind the company and that such company is liable for the acts and omissions of all of its employees. You agree that use of the Customizable Courseware in any regards constitutes agreement to all terms listed herein. By agreeing to these terms, you are also agreeing to the Comprendo Learning Privacy Policy.
You understand that Comprendo Learning can change the general terms of service, separate Buyer and Seller terms, and/or the privacy policy by posting changes to the website at http://library.comprendo.me/terms. Your ongoing use of the Comprendo Learning Customizable Courseware indicates that you accept any changes to these terms.
BY DOWNLOADING THIS CUSTOMIZABLE COURSEWARE AND BY USING THIS CUSTOMIZABLE COURSEWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND CREATE A BINDING CONTRACT BETWEEN YOU AND COMPRENDO LEARNING.
1.
DEFINITIONS. The following definitions and/or terms shall only apply if the requisite products are expressly named and licensed via the email which contained the link to this Agreement:
1.1
”Library License" shall mean a license model which allows You to select a defined number of courses (the "Library") for a specified organization size. You are entitled to updates, upgrades, and additions to the course or any of it’s modules. Additionally, with respect to a license term of greater than one year, the library and source files may remain with You upon renewal of the yearly subscription with. Library and all title and rights contained therein are the sole property of Comprendo Learning regardless of the percentage of change or customization that occurs within the courses after purchase the Term of this license. In the event that Comprendo Learning updates a course contained in Your Library License during an annual term, You will be able to download all new course material with no additional fee.
1.2
"Comprendo Learning Customizable Courseware (Customizable Courseware)" means prepackaged source files that may be organized into Libraries and accessed via the Comprendo Learning online download delivery platform. The Customizable Courseware may include but is not limited to source files for online courses, instructor material, handouts and powerpoint. Customizable Courseware may include a library of topics or individual courses. Comprendo Learning reserves the right to restrict, modify, or update any content contained in the Comprendo Learning Customizable Courseware collection throughout the term of the Agreement.
2.
GRANT OF LICENSE; AUDIT; PROPRIETARY RIGHTS AND LIMITATIONS ON USE. Comprendo Learning grants You a non-exclusive, non-transferable license, without the right to sublicense to use the products and services selected and confirmed upon time of purchase to this agreement (the "Customizable Courseware") and accompanying documentation in accordance with the following terms and conditions. The Customizable Courseware shall be used for internal training purposes only, and except as expressly stated in this Agreement, You will not have the right to exchange the Customizable Courseware through the term of your license. Comprendo Learning reserves the right to refuse the license to any user.
If the Customizable Courseware is licensed by a company on behalf of its employees, You shall ensure that only employees expressly licensed shall access the Customizable Courseware. You shall maintain records of all use and copying of the Customizable Courseware and assignment of all login identifications used to access the Customizable Courseware. Comprendo Learning shall have the right to examine such records and to audit Your access to verify compliance with this agreement.
The source files, artwork and other components included in the Customizable Courseware are the copyrighted property of Comprendo Learning and its licensors. Comprendo Learning and/or its licensors own all copyright, trade secret, patent and other proprietary rights in the Customizable Courseware. You may not: rent, loan, lease or sublicense externally all or any portion of the Customizable Courseware.
THIS LICENSE IS NOT A SALE. TITLE AND COPYRIGHTS TO THE CUSTOMIZABLE COURSEWARE, ACCOMPANYING DOCUMENTATION AND ANY COPY MADE BY YOU REMAIN WITH COMPRENDO LEARNING OR ITS LICENSORS, AS THE CASE MAY BE.
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TERM AND TERMINATION. This license agreement is in effect for your lifetime. This license is non transferrable and resides with you or your company.
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TAXES. The license fees due for the Customizable Courseware do not include taxes. You shall be responsible for payment of all applicable taxes, however designated or incurred, in connection with this agreement, including without limitation, state and local excise, sales, withholding and use taxes and any other applicable governmental assessments. If You fail to pay the applicable tax, then Comprendo Learning may pay such tax on Your behalf and seek reimbursement from You.
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CONFIDENTIALITY. The Customizable Courseware contains confidential trade secret information belonging to Comprendo Learning, and you may use the Customizable Courseware only pursuant to the license set forth herein. In addition, you may not disclose the Customizable Courseware to any third party.
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PUBLICITY You agree, if requested, to supply your logo for inclusion on the Comprendo Learning website and printed marketing materials; to provide a customer testimonial for use on the Comprendo Learning website and printed marketing materials; and to provide such other marketing measures as separately agreed between the parties in writing.
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DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CUSTOMIZABLE COURSEWARE IS AT YOUR SOLE RISK. THE CUSTOMIZABLE COURSEWARE AND ANY RELATED DOCUMENTATION OR MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. COMPRENDO LEARNING EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPRENDO LEARNING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE AND YOU (AND NOT COMPRENDO Learning) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR AND/OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
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LIMITATION ON REMEDIES; NO CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL COMPRENDO LEARNING, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOST DATA, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE POSSESSION, USE, OR MALFUNCTION OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF COMPRENDO LEARNING OR A COMPRENDO LEARNING AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE LIABILITY OF COMPRENDO LEARNING ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE USE OF THE SOFTWARE.
9.
US GOVERNMENT LICENSE RIGHTS. If the Customizable Courseware is acquired under agreement with the U.S. government or any contractor therewith, it is acquired as "commercial computer software" subject to the provisions hereof, as specified in 48 CFR 12.212 of the FAR and, if acquired for Department of Defense (DoD) units, 48 CFR 227-7202 of the DoD FAR Supplement, or sections succeeding thereto.
10.
GOVERNING LAW. This License is governed by the laws of the state of Utah, without reference to its conflict of laws provision. Both parties submit to the exclusive venue of the courts sitting in Utah County, Utah.
11.
COMPLIANCE WITH LAWS. You will comply with all applicable international, federal, state and local laws and regulations in use of the Customizable Courseware hereunder, including, without limitation, all US export regulations. You may not assign this Agreement in whole or in part, without the advanced written consent of Comprendo Learning.
12.
NO WAIVER. The failure or delay by either party in exercising any right or remedy hereunder shall not operate as a waiver of such right, power or remedy. Waiver by either party of any default shall not waive any prior, concurrent or subsequent defaults by the other party.
13.
ENTIRE AGREEMENT; SEVERABILITY. These terms (including the email containing the link to this agreement), including Buyer and Seller terms that you may separately agree to as part of registering to do business with Comprendo Learning, represent the complete, entire, and exclusive understanding and agreement between you and Comprendo Learning. These terms supersedes all prior, written or oral, understandings, contemporaneous proposals, or agreements. This Agreement may only be amended in writing signed by You and an officer of Comprendo B Learning that explicitly states that it is intended to amend this agreement. No terms contained in any of Your purchase orders, acknowledgements, shipping documents or other forms or documents shall have any force or effect over the licenses granted herein. If any provision of this license is not enforceable, it will be severed from this license and the remainder will remain in full force and effect.

Comprendo Learning Platform Subscribers

1.
Privacy Policy
At Comprendo Learning, we take our responsibility to protect your personal information very seriously. That is why we would like you to be aware of our policies and procedures for collecting, disclosing, and safeguarding the information that our customers and former customers provide to us.
2.
What Information We Collect
We gather two types of information about users through the Site:
Information relating to your use of our Site. When users come to our Site, we may track, collect and aggregate information indicating, among other things, which pages of our Site were visited, the order in which they were visited, when they were visited, and which hyperlinks were “clicked.” We also collect information from the URLs from which you linked to our Site. Collecting such information may involve logging the IP address, operating system and browser software used by each user of the Site. We may be able to determine from an IP address a user’s Internet Service Provider and the geographic location of his or her point of connectivity.
We also use (or may use) cookies and web beacons when you visit our Site. For more information on our use of cookies and web beacons, please refer to our Cookie Policy.
Personally Identifiable Information provided directly by you or via third parties. We collect Personally Identifiable Information that you provide to us when you register for an account, update or change information for your account, purchase products or services, complete a survey, sign-up for email updates, participate in our public forums, send us email messages, and/or participate or other services on our Site. We may use the Personally Identifiable Information that you provide to respond to your questions, provide you the specific course and/or services you select, and send you email messages about Site maintenance or updates.
Account Registration. If you register for an account on our Site, you may be required to provide us with Personally Identifiable Information such as your name and email address.
Updates. Comprendo Learning may offer you the ability to receive updates either via email or by posting on portions of the Site only accessible to registered users. In order to subscribe to these services, you may be required to provide us with Personally Identifiable Information such as your name and email address.
Participation in Online Courses. Comprendo Learning offers users the opportunity to participate in an online course on or through the Site. If you desire to participate in a course, you will be asked to provide us with certain information necessary to conduct such a course. This information may include, among other things, your name and email address.
If you participate in an online course, we may collect from you certain user-generated content, such as assignments you submit to instructors, peer-graded assignments, peer feedback. We also collect course data quizzes, standalone quizzes, exams, and surveys. You should not include any Personally Identifiable Information or other information of a personal or sensitive nature, whether relating to you or another person, on assignments, exams, or surveys, except for information required to participate or submit such assignments, exams, or surveys.
Identity Verification. Comprendo Learning may offer you the ability to verify your identity for selected classes. In order to enroll for these services, you may be required to provide us or our third-party identity verification vendor with Personally Identifiable Information such as your name, address, date of birth, a headshot taken using a webcam, and a photo identification document. Additionally, if you apply for financial aid in connection with these services, you may be required to provide information regarding your income.
Communications with Comprendo Learning. We may receive Personally Identifiable Information when you send us an email message or otherwise contact us.
Third Party Sites. We may receive Personally Identifiable Information when you access or log-in to a third party site, e.g., Facebook, from our Sites. This may include the text and/or images of your Personally Identifiable Information available from the third party site.
Surveys. We may receive Personally Identifiable Information when you provide information in response to a survey operated by us. This may include details about your race, your education history, and your employment.
Third Party Credit Card Processing. Comprendo Learning provides you with the ability to pay for services using a credit card through a third party payment processing service provider. Please note that our service provider – not Comprendo Learning– collects and processes your credit card information.
3.
How We Use the Information
Information relating to your use of our Site. We use information relating to your use of the Site to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of our users, and by measuring demographics and interests regarding specific areas of our Site. We may also use this information to ensure the security of our services and the Site.
Personally Identifiable Information provided directly by you or via third parties. Except as set forth in this Privacy Policy or as specifically agreed to by you, Comprendo Learning will not disclose any of your Personally Identifiable Information. In addition to the other uses set forth in this Privacy Policy, we may disclose and otherwise use Personally Identifiable Information as described below.
Providing the Site and our services. We use Personally Identifiable Information which you provide to us in order to allow you to access and use the Site and in order to provide any information, products or services that you request from us.
Updates. We use Personally Identifiable Information collected when you sign-up for our various email or update services to send you the messages in connection with the Site and our Services. We may also archive this information and/or use it for future communications with you, where we are legally entitled to do so.
Identity Verification. For services that require identity verification, we use the Personally Identifiable Information that we collect for verifying your identity, and for authenticating that submissions made on the Site were made by you. This service may be provided through a third-party identity verification vendor.
Communications with Comprendo Learning. When you send us an email message or otherwise contact us, we may use the information provided by you to respond to your communication and/or as described in this Privacy Policy. We may also archive this information and/or use it for future communications with you where we are legally entitled to do so.
Disclosure to Comprendo Learning Operations and Maintenance Contractors. We use various service providers, vendors and contractors (collectively, “Contractors”) to assist us in providing our products and services to you. Our Contractors may have limited access to your Personally Identifiable Information in the course of providing their products or services to us, so that we in turn can provide our products and services to you. These Contractors may include vendors and suppliers that provide us with technology, services, and/or content related to the operation and maintenance of the Site. Access to your Personally Identifiable Information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function for us.
Government Authorities, Legal Rights and Actions. Comprendo Learning may share your Personally Identifiable Information with various government authorities in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights or to protect our property; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us. We also may share your Personally Identifiable Information when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of Comprendo Learning, the Site, our users, customers, or others; and in connection with our Terms of Service and other agreements.
Disclosure to Acquirers. Comprendo Learning may disclose and/or transfer your Personally Identifiable Information to an acquirer, assignee or other successor entity in connection with a sale, merger, or reorganization of all or substantially all of the equity, business or assets of Comprendo Learning to which your Personally Identifiable Information relates.
4.
International Privacy Practices
Comprendo Learning Sites are primarily operated and managed on servers located and operated within the United States. In order to provide our products and services to you, we may send and store your Personally Identifiable Information (also commonly referred to as personal data) outside of the country where you reside or are located, including to the United States. Accordingly, if you reside or are located outside of the United States, your Personally Identifiable Information may be transferred outside of the country where you reside or are located, including to countries that may not or do not provide the same level of protection for your Personally Identifiable Information. We are committed to protecting the privacy and confidentiality of Personally Identifiable Information when it is transferred. If you reside or are located within the EEA and such transfers occur, we take appropriate steps to provide the same level of protection for the processing carried out in any such countries as you would have within the EEA to the extent feasible under applicable law.
5.
Changing Our Privacy Policy
Please note that we review our privacy practices from time to time, and that these practices are subject to change. Any change, update, or modification will be effective immediately upon posting on our Site. We will notify you of any material change to this Privacy Policy by posting a notice on our Site’s homepage for a reasonable period of time following such update, and by changing the effective date (located at the top of this page). Be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Policy.
6.
Contact Us
Please contact us with any questions or comments about this Privacy Policy, transfer of your personal information from the EEA to the U.S., our other terms of service, or your consent choices by email at hello@comprendo.me or at the physical address below.
Comprendo Learning / Tubale LLC
8 The Green, STE A
Dover, DE 19901


Terms of Service

These Terms of Service (“Terms”), together with the Online Order Form and Acceptable Usage Policy, govern the provision of Comprendo Learning services and Client’s use of said services as set forth in the respective Online Order Form (collectively, “Services”).As used in these Terms of Service, “Agreement” means, collectively, (1) these Terms of Service, together with (2) the Acceptable Usage Policy and (3) Online Order Form. If a conflict exists between these Terms of Service and the Online Order Form, the terms of the respective Order Form and/or the mutually agreed upon Schedules will take precedence.
Client and Comprendo Learning agree to the Terms of Service as follows:
1.
The services shall consist of the Rockstar Learning Platform (“RLP”) application access, including the necessary multimedia hosting and distribution services as detailed in the Order Form (collectively, “Services”) providing content management and distribution services through client-designated site. The Services, these Terms, Acceptable Usage Policy and any Service Level Agreement schedules provided shall be defined collectively as the “Agreement”. After acceptance of your order, Comprendo Learning shall invoice Client for all requested setup or integration fees. Thereafter, Comprendo Learning shall invoice Client monthly for the Rockstar Learning Platform subscription fees as indicated in the Order Form. Client shall pay all undisputed invoices within 30 days of its receipt of same. Any outstanding invoice over 60 days are subject to a 1% interest fee on the total balance. Any Client with an outstanding invoice more than 90 days is subject to a service interruption. Sufficient measures will be taken to resolve all outstanding balances in order to avoid a Client service interruption.
2.
The Agreement shall commence as of the Effective Date and remain in effect for the Term stated in Section 3.0, of the approved Statement of Work. Agreement will automatically renew at the end of the term. Client may cancel the Agreement at the end of the term, for any reason, with written notice to Comprendo Learning, sixty (60) days’ prior to the renewal date. Client shall be obligated to pay for all Services provided by Comprendo Learning to Client to such date of termination.
3.
Client’s use of the Services is governed by the attached Comprendo Learning “Acceptable Usage Policy” (“AUP”). Comprendo Learning may at its sole discretion change, update and revise the AUP. Notice of change will be sent to the primary email address contacts in Comprendo Learning's Client database. Comprendo Learning may terminate or suspend this Agreement at any time in the event that Client should breach any provision of the AUP, as further provided therein.
4.
Comprendo Learning shall indemnify, defend, and hold harmless Client and its directors, officers, employees, agents, successors and assigns from and against any and all suits, actions, proceedings, claims, liabilities, losses, damages, judgments, costs, penalties and expenses (including, without limitation, their reasonable attorneys’ fees) (collectively, “Losses”) arising out of or in connection with: (a) a third party claim that Services and/or any portion of them violates or infringes upon any patent, copyright trade secret or other proprietary rights of any third party; and (b) Comprendo Learning gross negligence and/or willful misconduct. Client shall indemnify, defend, and hold harmless Comprendo Learning and its directors, officers, employees, agents, successors and assigns from and against any and all Losses arising out of or in connection with: (a) a third party claim that Client’s unauthorized use of the Services and/or any portion of them violates or infringes upon any patent, copyright trade secret or other proprietary rights of any third party (and such claim(s) would not have occurred but for such unauthorized use); (b) Client’s gross negligence and/or willful misconduct, and (c) Client’s breach of any of the provisions of the AUP or the Agreement. Either party seeking indemnification (“Indemnified Party”) shall provide the other party (“Indemnifying Party”) with prompt written notice of any claim or claims for indemnification hereunder, and the Indemnifying Party shall have the right to control and direct the investigation and defense thereof and related settlement negotiations. The Indemnified Party shall reasonably cooperate with the Indemnifying Party in connection with the foregoing. The Indemnified Party may, at its sole option and at its own expense, participate in the claim or action with its own separate legal counsel, in which event the cost of such participation (including the cost of such separate legal counsel) shall be borne by the Indemnified Party. The exercise by an Indemnified Party of its option to participate in the claim or action and/or to select its own separate legal counsel shall in no way limit or modify the Indemnifying Party’s obligations set forth above in this Section 4. This Section shall survive the termination or expiration of this Agreement and stay in effect for 6 years.
5.
Neither party to this Agreement shall be liable to the other party for consequential, incidental, punitive, special or indirect damages (including, but not limited to, lost profits, lost wages or lost savings) arising from, relating to, or in connection with this Agreement, even if such party has been advised of the possibility of or could have foreseen such damages, and each party’s aggregate liability hereunder shall in no event exceed the total fees paid by Client to Comprendo Learning hereunder. In no event shall the liability of either party to the other for claims arising out of this Agreement exceed the fees paid to Comprendo Learning by Client hereunder. This limitation of liability applies regardless of the form of action, whether in contract, tort, or otherwise. Notwithstanding the foregoing, the limitations of liability set forth above in this section shall not apply to losses against which each party has agreed to indemnify the other under Section 4 hereof.
6.
All Confidential Information furnished by either party to the other pursuant to this Agreement shall be held strictly confidential shall only be used in connection with the provision of the Services and shall be protected from disclosure both during and after the term of this Agreement. The parties agree that all Confidential Information supplied by the other party, in whatever form, shall remain proprietary information of and property of the disclosing party. “Confidential Information” means all information disclosed by one party to the other, whether before or after the effective date of the Agreement, that the recipient should reasonably understand to be confidential, including: (i) all Client content uploaded, transmitted to or from, or stored on, the Rockstar Learning Platform private portal and public website, (ii) all Comprendo Learning, Rockstar Learning Platform and WordPress architecture, proprietary information and technology, including source code, object code and documentation, and (iii) any other information that is marked or otherwise conspicuously designated as confidential. Information that is independently developed by a party without reference to the other’s Confidential Information, or that becomes available to a party other than through breach of the Agreement or applicable law, shall not be “Confidential Information” of the other party.
7.
Comprendo Learning agrees not to use the name, trademark, logo, and/or service mark of Client and/or any of its subsidiaries without the prior written consent of Client in each instance. The Agreement is governed by the laws of the State of Utah(without regard to principles of conflicts of laws). The Agreement between the parties hereto contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes any and all prior and contemporaneous agreements, understandings, documents, negotiations, and/or discussions (whether oral or written) between the parties. Except as provided herein, no supplement, amendment, or modification to this Agreement shall be valid, enforceable, or binding upon the parties unless made in writing and signed by an authorized representative of both parties.
8.
Any provision of or obligation under the Agreement which contemplates performance or observance subsequent to any termination or expiration of the Agreement shall survive any such termination or expiration for 10 years, and shall continue in full force and effect. In addition, all provisions of this Agreement shall survive the termination or expiration of this Agreement to the fullest extent necessary to give the parties the full benefit of the bargain expressed herein and of the intent contemplated here under.
9.
All notices in connection with this Agreement shall be in writing and personally delivered, delivered via overnight mail with written receipt, or sent by certified mail, return receipt requested, (i) if to Client, at its address set forth above, (ii) if to Comprendo Learning, at 8 The Green STE A, Dover, 19901, DE, or (iii) to such other address as either may hereafter designate in writing in accordance with this Section. Any such notice shall be effective upon personal or overnight delivery or five (5) days after certified mailing.

Acceptable Usage Policy

Client agrees when using, or accessing Comprendo Learning servers and services that the following terms and conditions of this policy will be met:
Web, FTP, Publishing Content Policies
a.
Content of a pornographic, sexually explicit, or violent nature.
b.
Content of an illegal nature (including stolen copyrighted material, warez or hacked software, serial numbers, or mail fraud).
c.
Pirated software sites.
Clients posting any of the above content on their sites will be notified using Client’s current email address on file, and given a 48-hour grace period to make any corrective actions. If no corrective actions are taken, Comprendo Learning will suspend the services of the account until a resolution is met between Comprendo Learning and Client. A repeated violation of this Policy may result in immediate cancellation of service without refund of any fees.
Client is not permitted to knowingly allow another website, or hosting server, to internally link to content files stored on Comprendo Learning servers. Client may not use hosting account as a remote storage server, with the exception of content intended for online education.
Email Usage Policies
Comprendo Learning does not support unsolicited email messages sent by Clients of our services or system (also known as junk email or SPAM). Clients sending unsolicited email messages from our system provided ESP, will have all of their services suspended immediately without refund of any fees.
Illegal Activities
Clients found using our services or system for illegal activities, including but not limited to breaking into remote systems, credit card fraud, theft, vandalism, threats, or violence, will have their accounts immediately canceled without refund of any fees.
Copyright Policy
Comprendo Learning respects the rights of copyright holders and publishers and requires all users to confirm they own the copyright or have permission from the copyright holder to upload content. We comply with the Digital Millennium Copyright Act (DMCA) and will promptly remove content when properly notified. Repeat infringers’ accounts will be terminated immediately and all uploaded media disposed of permanently.
Third-Party Sites
An Comprendo Learning and/or Client site may contain links to third party websites that are not owned or controlled by Comprendo Learning and/or Client. Comprendo Learning and/or Client has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Comprendo Learning and/or Client will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Comprendo Learning and/or Client from any and all liability arising from your use of any third-party website.
This Acceptable Usage Policy (the “Policy”) governs, in addition to the Comprendo Learning Terms and Conditions, the terms of use of the Comprendo Learning Services by any Client who has been granted permissible access to Comprendo Learning servers or services.
Comprendo Learning does not allow any of the following content, or links to such content, to be published using its servers or services:

Terms of Use (Website visitors, Freebie Template Customers)

Note: If you are a subscriber then please refer to the Terms at the top of this page.
"Free" Template Customers
When you download our free templates library, we hereby grant to you a nonexclusive limited, nontransferable license to use the templates/images that you download for the following permitted uses: Advertising, training, and promotional projects, including printed materials, product packaging, presentations, film and video presentations, commercials, catalogues, brochures, promotional greeting cards, and promotional postcards.
Prohibited uses include the following: Design template applications intended for resale, whether on-line or not, including, without limitation, website templates, eLearning templates, flash templates, business card templates, electronic greeting card templates, and brochure design templates. You may not offer these templates for a price or for free on a website, blog, or social network.
Copyright
All material on this site is owned by Comprendo Learning. ALL RIGHTS RESERVED. The entire content included in this site, including but not limited to text, graphics, templates, and/or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Comprendo Learning.
Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Comprendo Learning. You further agree not to change or delete any copyright notices from materials purchased from the site.
If you require more information or wish to dispute copyright infringement please contact hello@comprendo.me
Typographical Errors
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Utah, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Comprendo Learning products) shall be in the state or federal courts located in Utah County, Utah. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.comprendo.me products) must be commenced within one (1) year after the claim or cause of action arises. Comprendo Learning's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Comprendo Learning may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Comprendo Learning or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Comprendo Learning does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Comprendo Learning is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Comprendo Learning reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Comprendo Learning in its sole discretion.
Third-Party Links
In an attempt to provide increased value to our visitors, Comprendo Learning may link to sites operated by third parties. However, even if the third party is affiliated with Comprendo Learning, Comprendo Learning has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Comprendo Learning. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Comprendo Learning seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
In the event that an Comprendo Learning product is mistakenly listed at an incorrect price, Comprendo Learning reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. We, Comprendo Learning, reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Comprendo Learning shall issue a credit to your credit card account in the amount of the incorrect price.

Stock Library Subscription Users

Important
The Stock library is broken down into two distinct license groups. Group one contains photography, images, and graphics. The second group includes video and audio. Video and audio have distinct license terms from the photography, images, and graphics.
1.
Stock Image Subscribers will be held to the same terms of use as the eLearning Templates Subscription Users above. Additionally, Stock images can only be used in eLearning, Training and Development, Classroom Training, Instructor Lead Training, Web Based Training, Online Learning, Mobile Learning, Course Development, Webinars, Webcasts, Self Paced Learning, Live Online Learning, Pre-Recorded Classrooms, Educational Lectures, Instructional Design, K-12 and Higher Education, Educational Promotion, Learning Management Systems, Corporate Universities, and other training courses and nothing else.” Licensee’s users shall not print, sell or use the image for any marketing, advertising, logo, social media or any website purposes.
2.
Stock Video and Audio Subscribers will be held to the same terms of use as the eLearning Templates Subscription Users above. Additionally, the subscriber agrees to be bound by the Footage Firm Terms of use for video and audio found at Audio Blocks Terms of Use" and Video Blocks Terms of Use." The subscriber also agrees to be bound by the Royalty Free License agreements found at Audio Blocks License" and Video Blocks License."