RapidAscent Inc. and its affiliates (“RapidAscent Academy”, “RapidAscent”, “we,” “us”) provide online classes, virtual labs, challenges, seminars, collaboration spaces, platforms, programs, products, tools, systems, services, and other offerings through which users can develop, learn, teach, communicate, and connect; and the rapidascent.com website as well as rapidascent.com and/or any RapidAscent controlled websites, software, applications, functionalities, content, materials, or other online services provided by RapidAscent, whether partial, mobile, any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”).
You may communicate an interest in and, in the case that you are admitted, sign up for a program using the Service. We in no way promise admission to nor ongoing availability of any program or warrant its content. We determine and apply at our discretion any scheduling, rescheduling, and cancellation policies.
RapidAscent may change, suspend, or evolve any aspect of the Service over time or any feature of the Service, how the Service is delivered (in a particular app, software, or otherwise) or who may access it, without notice or liability. We may condition access to our Service on good standing or compliance with these Terms and your current agreements with us.
The Service is not directed to or for anyone under the age of 13.
Corrections. There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions on the Site at any time, without prior notice.
Revisions to Terms. RapidAscent reserves the right to modify, update or change these Terms at any time, with notice provided to you by posting an updated version on our website. Use of the Service by you is subject to the most current version of these Terms available at the time of your use. Continued use of the Service after a change to these Terms constitutes your binding acceptance of them. RapidAscent encourages you to review the Terms regularly to ensure you understand the most current version.
Cancelation/Withdrawal. We are aligned for your success and support you, but we understand in some cases you may not be able to continue and may want to withdraw from RapidAscent or otherwise stop using the Service.
For some academy and workforce programs, you may be responsible for a pro-rata portion of tuition under your agreement(s) with us. These Terms do not relieve your responsibilities under those agreement(s), including for applicable amounts owed. Your material breach of these Terms may be determined to mean that you are not in good standing as a student.
Third Party Services. The Service may include links or access to third-party tools, websites, systems, or applications including messaging applications, virtual labs, content systems, or webinar software. RapidAscent uses third-party software, applications, systems, tools, and services to help communicate with you and to provide the Service, that may include tools such as email, Discord, Teams, and Slack.
The referenced third-party websites may use RapidAscent Content (defined below) under license from RapidAscent. Some third-party services may use links that exit the Service.
Featuring instructors or programs. RapidAscent may feature, promote, or recommend a particular program or instructor, but does not ensure they will be your instructor, or assure the quality of individuals or any learning you may achieve by taking that instructor’s courses or our Service. It is the learner’s responsibility to actively participate in their learning and understanding, leveraging RapidAscent’s structure and support.
Program Fees. RapidAscent reserves the right to vary the cost of our services, including tuition, payment methods and deferred tuition programs, or fees at times by region, in our sole discretion. We do not guarantee availability and other Terms may apply based on your program or your individual agreement(s). This includes Terms in your Enrollment Agreement or other agreement(s).
Payment terms. Your use of the Service may be part of a program for which you have agreed to make payment, such as the tuition listed in an Enrollment Agreement. You agree and understand that your continued use of the Service constitutes your continued agreement to pay for all applicable programs as outlined in all incorporated instruments, documents, agreements, or notices. Payment method and availability, and refund or proration policies for payments made, may vary by location or based on regulation and may be updated from time to time. If you have an issue with payments for any aspect of the Service or to RapidAscent, you agree to submit disputes via the appropriate channels in a timely fashion. Disputes raised 30 or more days after any issue are considered untimely and may be denied.
Account creation. An account may be required to use parts of the Service. You agree to provide true, accurate, and correct information, and to update that information if it changes when creating accounts. You recognize that providing false information violates this and other agreements you may have with RapidAscent.
Electronic Notices, Communications, Transactions, and Signatures. You agree to receive communications from or on behalf of RapidAscent at any email address, phone number, or other point of contact you provide us pursuant to our policies.
You further agree that all Terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were provided to you in writing.
Content, licensing, and ownership. The Service contents include but are not limited to curriculum, pedagogy, information, data, designs, text, graphics, pictures, images, video, logos, button icons, software, audio or sound files, computer code, materials and other work (collectively, “Content”).
All Content and the selection, assembly, compilation, and/or arrangement thereof are the property of RapidAscent or its licensors and are protected under copyright, trademark, and other laws.
There are no implied licenses granted in these Terms.
We authorize you, subject to these Terms, to access and use the Service and the Content solely for your personal, non-commercial use of our Service, in our sole discretion. All other use is expressly prohibited.
No material made available on or through the Service may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner unless such Content is specifically made available for and authorized to be downloaded from the Service, in which case you are authorized to download a single copy of such Content for your own personal use. You agree to immediately return all RapidAscent property in your possession or control if you leave, withdraw or are withdrawn.
Certain Content made available for download from or through the Service may also be subject to additional or different license Terms and conditions. Any such Terms and conditions shall be identified in advance for such Content, and by downloading or using any Content governed by any other license Terms and conditions, you hereby agree to be bound by and comply with such Terms and conditions.
Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. The modification of Content and other materials obtained from the Service, including, but not limited to, User Content (defined below), for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of RapidAscent or its licensors, unless you have obtained express written authorization to the contrary. You must preserve all applicable copyright, trademarks, service marks, and other proprietary notices.
This license is revocable by RapidAscent at any time without notice and with or without cause.
Trademarks. RapidAscent Inc., RapidAscent Academy, RapidAscent LinkForce, and other references are trademarks of RapidAscent Inc., and we reserve all rights in them.
User Content. The Service may provide you with the ability to create, draft, post, or share content, like messages in Discord and Slack (“User Content”). You or a third-party licensor, as appropriate, retain all intellectual property rights to your User Content. You are responsible for protecting those rights.
While we limit certain aspects of the Service depending on your user content, we make no representations and warranties with respect to the confidentiality of any User Content you post or submit through the Service.
Contact us via email at email@example.com any time to remove User Content, and we will endeavor to meet your request.
No ownership of others’ acquired content. You understand and agree that you will not obtain, through use of the Service, any right, title, or interest (including intellectual property rights) in Content delivered via the Service.
The Service contains content from users and other RapidAscent licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Service.
Rights on Content You Post. You represent and warrant that: (1) you own or have the right to post any content you post; (2) the posting and use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (3) the posting of your User Content on the Service does not result in a breach of contract between you and a third party.
Copyright Policy. If you believe in good faith that materials posted with the Service infringe your copyright, you (or your agent) can send RapidAscent a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked.
Any copyright owner or its agent may provide written submissions of alleged infringements of alleged infringements to firstname.lastname@example.org or RapidAscent, Attn: Copyrights, 910 Charles St, Fredericksburg, VA 22401.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
Suggestions and Submissions. We love hearing from our students and users and welcome your comments regarding our Service and programs. However, please be advised that if you raise or send us suggestions, comments, ideas, improvements, inventions, or other materials (“User Suggestions”), we will:
• own, exclusively, all now known or later discovered rights to the User Suggestions;
• not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any User Suggestions; and
• be entitled to unrestricted use of the User Suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
To submit any feedback or suggestions, please reach out to us via email at email@example.com.
Consequences for Violating Terms. RapidAscent can suspend access to the Service, terminate your account, and/or withdraw you and prevent access to the Service for any reason, and refuse to provide the Service to you in the future at our sole discretion, in line with these Terms and subject to any other agreements we may have with you at that time.
If you are withdrawn from RapidAscent, the tuition proration policy may apply based on when you are withdrawn. You agree to pay for applicable Services you have used, and that you are responsible for repaying under agreement(s) you may have with us, such as an Income Share Agreement (ISA), Deferred Tuition Agreement (DTA), Retail Installment Agreement (RIC), or Enrollment Agreement. It is important to note that depending on the reason for withdrawal, you may not be eligible for re-admission.
RapidAscent can review and remove any User Content at any time for any reason, including activity that violates these Terms, our Code of Conduct, or applicable law; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety or wellbeing of others or the RapidAscent community. While we are not obligated to review User Content, if a potential violation is brought to our attention, we reserve the right to further investigate and possibly remove a student for offenses that violate our community norms and/or policies.
Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICE WILL BE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY LAW, RAPIDASCENT , ITS AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, OWNERS, MEMBERS, EMPLOYEES, INSTRUCTORS, AGENTS, SUBSIDIARIES, SERVICE PROVIDERS, PARTNERS, AND LICENSORS (collectively the “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR TERMS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW. THE RELEASED PARTIES MAKE NO WARRANTY THAT:
(1) THE SERVICE WILL MEET YOUR REQUIREMENTS;
(2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
(4) THE QUALITY OF ANY GOOD, SERVICE, CONTENT OR MATERIAL WILL MEET YOUR NEEDS OR EXPECTATION; AND/OR
(5) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.LIMITATIONS OF LIABILITYIN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $1. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING, WHETHER FORESEEABLE OR UNFORESEEABLE), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATING TO:
(1) THESE TERMS OF SERVICE;
(2) THE USE OR THE INABILITY TO USE THE SERVICE;
(3) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, CONTENT, MATERIALS, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE;
(4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(5) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE;
(6) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US OR ON OR THROUGH THE SERVICE; OR
(7) ANY OTHER MATTER RELATING TO THE SERVICE.
TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF, IN CONNECTION WITH THE SERVICE, OR YOUR USE OF THE SERVICE OR MATERIALS, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY), WILL NOT EXCEED TOTAL UPFRONT PAYMENTS MADE BY YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. IN THIS EVENT, ONLY THE LIMITATIONS LEGALLY APPLICABLE TO YOU WILL APPLY, AND THE RELEASED PARTIES LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of these Terms, use of the Service, any Agreements you have with us, your RapidAscent tuition, or your payments to RapidAscent (other than any proceeding commenced by either party seeking an injunction, a restraining order, or any other equitable remedy or a proceeding commenced by either party in small claims court), either party may demand that the dispute be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules available at www.adr.org. If applicable and upon your consent, RapidAscent may move binding arbitration to be administered by FairClaims. If AAA is completely unavailable, and if you and RapidAscent cannot agree on a substitute, then either you or RapidAscent may request that a court appoint a substitute. The rules in this arbitration agreement will be followed if there is disagreement between the agreement and the arbitration forum’s procedures. Judgment on any award rendered in any such arbitration may be entered in any court having jurisdiction. This arbitration agreement is governed by the Federal Arbitration Act (FAA). Any such arbitration must be conducted by one arbitrator and must be conducted in San Francisco, Delaware, the county with a major commercial airport nearest to where you live, or another mutually agreed location. If the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator or (2) by means of a hearing conducted by telephone.
Class Waiver and Waiver of Jury Trial. YOU AND RAPIDASCENT MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. CLAIMS OF TWO OR MORE PERSONS MAY NOT BE JOINED OR CONSOLIDATED IN THE SAME ARBITRATION UNLESS THEY ARISE FROM THE SAME TRANSACTION.
YOU AND RAPIDASCENT HEREBY WAIVE YOUR RESPECTIVE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDINGS ARISING OUT OF THIS AGREEMENT, YOUR RAPIDASCENT TUITION, OR YOUR PAYMENTS TO RAPIDASCENT.
Applicable Laws Jurisdiction. 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 Website shall be resolved individually, without resort to any form of class action, and exclusively by a court of competent jurisdiction located in Delaware. This does not affect rights that you may have based on the state you live in to bring a complaint with your state’s education regulatory bureau.
All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, your rights and obligations, or the rights and obligations of RapidAscent, shall be governed by, and construed in accordance with, the laws of Delaware without giving effect to any choice of law or conflict of law rules (whether of Delaware or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Delaware.
User Content Disclaimers, Limitations, and Prohibitions. You agree to abide by these Terms and our community norms and policies, including but not limited to those outlined in RapidAscent student distributed guides, and agree to use the Service only for its intended use and in compliance with all Terms, relevant privacy, data protection, intellectual property, and other applicable laws.
You are responsible for your content and actions when using and relying on the Service or content available on the Service. We do not represent or guarantee the truthfulness, accuracy, or reliability of content, posted by users or User Content. You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Service, you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You may expose yourself to liability if, for example, your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
We own and/or license all Content. RapidAscent Content is copyrighted and/or trademarked, and any unauthorized use of the Content may violate copyright, trademark, and/or other laws. Content may be viewed, accessed, downloaded or printed as hard copies by you for your personal, educational, and non-commercial use only. You may not change the Content in any way or reproduce, publicly display, distribute, or otherwise use them for any public or commercial purpose. We strictly prohibit any use of the Content for any purpose not specifically identified or authorized in these Terms or expressly permitted in writing by RapidAscent.
You further agree that you will not:
• use the Service or website in any unlawful or inappropriate manner or commit an illegal act in relation to the Service as determined by RapidAscent in their sole discretion, or in any other manner that could damage, disable, overburden, or impair the Services or website or that would otherwise result in fines, penalties, and other liability to RapidAscent or others;
• misuse, improperly share, or pirate property or violate privacy rights;
• attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Service, user accounts, or the technology and equipment supporting the Service;
• use automated scripts, data mining, robots or other data gathering services on, through or to otherwise interact with the Services or website;
• frame or link to the Service without permission;
• harass, abuse or post objectionable materials;
• post incomplete, false, or misleading information, impersonate another person;
• sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent;
• post advertising or marketing links or content, except as specifically allowed by these Terms or via prior written approval from RapidAscent ;
• use the Service after your account has been terminated, without our consent;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, your qualifications, and/or your affiliation with any person or entity;
• disclose, copy, repost, transfer, publish, upload, display, or transmit or otherwise make publicly available on the Website any information obtained or learned through the Service, including any private information of any third party;
or access the Service from a jurisdiction where it is illegal or unauthorized.
Website Accessibility Notice. While we strive to adhere to the accepted guidelines and standards for accessibility and usability, at times some of our pages may not be compliant with Web Content Accessibility Guidelines (WCAG) as published by the Web Accessibility Initiative (WAI) of the World Wide Web Consortium (W3C).
If you are unable to access our Service because of a disability, have questions related to the accessibility of our Service, and/or would like to report barriers to accessing our Service or request a transcribed copy or assistance reading it, please us our contact form or email us at firstname.lastname@example.org
Regulatory Information. Where applicable, we are authorized by state regulators. Regulations in your state may control certain applicable policies, including ones regarding finances and withdrawal. You can find additional regulatory information on our Regulatory Statement page.
The various provisions contained within these Terms are separate and independent. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the remaining provisions of these Terms shall remain in full force and effect.
Contact/Feedback. If you have any questions or comments, please email us at email@example.com.
Date of publication: June 1, 2021