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Terms of Service 

Thank you for your interest in the Tech Diplomacy Academy (TDA). These Terms of Service constitute a legally binding contract between you and TDA regarding your use of the Service described herein.    

These Terms of Service (TOS) apply to the Tech Diplomacy Academy (also “TDA”, “we”, or “us”) website at www.techdiplomacyacademy.org, and related websites, hosted applications, mobile or other downloadable applications (collectively, the “TDA Site”), and other Services provided by us (collectively with the TDA Site, the “Service”).  

Terms 

By creating a TDA site account (“Account”) or downloading, installing, or otherwise accessing or using the Service, you agree that you have read and understood, and, as a condition to your use of the Service, you agree to be bound by the following terms and conditions, including the privacy policy and other policies and additional terms referenced below (together, these “Terms”). If you are not eligible to use the Service (as outlined in these Terms), or do not agree to the Terms, you do not have our permission to use the Service. Your use of the Service, and TDA’s provision of the Service to you, constitute an agreement by and between TDA and you to be bound by these Terms. 

1. TDA Service Overview. 

1.1 Overview. 

TDA is the educational and training component of the Krach Institute for Tech Diplomacy at Purdue (“KITDP”), a non-partisan non-profit organization with a mission to accelerate the innovation and adoption of trusted technology.  TDA, a component of KITDP, provides an online course, content and platform provider with courses and other learning and reference materials related to training on emerging technologies, leadership and other soft skills that integrate academic, business, and Government policy related to the technologies and business sectors where they are commonly used. Through the Service, you may: 

1.2 Certificates.  

If you are enrolled in a paid program offered through the Service (the “Certificate Track”),your machine-graded successful completion of the course and assessments will automatically confer a Certificate for each Course in a program (generally 10- 20 courses) offered through the Service, and also may be eligible to receive an auto generated ‘Program Certificate’ for the Program as well. Unless specifically indicated by TDA, no Certificates are awarded for learners enrolled in the unpaid track (“Audit or Free Track”) of a Course, where one exists. 

1.3 Updates. 

Other future Offerings may be viewable on the TDA Site but may be provided by educational or corporate partners of KITDP. Signing up to receive more information about, enrolling in, or participating in such Offerings may take place on third-party sites (or, in some cases, sites operated by KITDP) that are not subject to these Terms. 

2. Eligibility. 

By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old or your parent or  legal guardian has-agreed to these Terms; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service complies with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. 

3. Accounts and Registration. 

To access most features of the Service, you must register for an Account. When you register for an Account, you must provide us with authenticable information about yourself, such as your name, email address, date of birth, country or region of residence, or other contact information. You agree that the information you provide us is accurate, complete, and not misleading, and that you will keep it accurate and up to date. When you register, you will be asked to create a username and password. You are solely responsible for maintaining the confidentiality of your Account and password, which includes not sharing your password or letting anyone else access or compromise your Account and restricting access to the Service from your compatible mobile device(s) and computer(s). You accept responsibility for all activities that occur under your Account.  If you believe that your Account is no longer secure, then you should immediately notify us at kitdp-tdasupport@prf.org. 

4. General Payment Terms.   

Certain features of the Service may require you to pay fees. The Purchasing entity is responsible for paying all fees charged by or for TDA in a timely manner with a payment mechanism associated with the applicable product or Service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged and, as applicable, any other Terms and conditions associated with your purchase (e.g., expiration dates for course entitlements). Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable. 

4.1 Price.  

TDA reserves the right to determine pricing for the Service. TDA will make reasonable efforts to keep pricing information published on the Service up to date on the site. TDA may change the fees for any feature of the Service, including additional fees or charges if TDA gives you advance notice of changes before they apply. TDA, at its sole discretion, may make promotional offers with distinctive features and different pricing available to any of TDA’s business partners or customers. These promotional offers, unless made to you, will not apply to you, and we reserve the right to revoke a promotional offer if we determine you are not eligible. Unless otherwise indicated, the fees charged by TDA or any of its third-party payment processors for the Service are exclusive of all value added taxes, goods and services taxes, duties, levies, or charges, as determined and applicable based on the tax laws in your country. 

4.2 Authorization.  

You authorize TDA to charge all sums for any purchases you make within the Service as described in these Terms or otherwise published by TDA, to the payment method specified in your Account. If you select to use a credit card, TDA may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. 

4.3 Subscription Offerings. 

  1. This Section 4.3 sets forth additional Terms that apply to your use of our Subscription Offerings (as defined below). By subscribing to a Subscription Offering, you agree to the additional Terms in this Section. For clarity, to the extent you have access to any subscription-based plan through TDA for Business arrangement, such access is not subject to this Section and is instead governed by the agreement between TDA and the subscribing organization.
  1. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges, which enable subscribers to enroll in the Certificate Track of the Offerings included within such plan (each, a “Subscription Offering”). TDA may offer some Subscription Offerings with a one-time free trial period. For each Subscription Offering, the duration of any free trial period, the duration of the subscription period, and the fee for the Subscription Offering (the “Subscription Fee”) will be specified at the time you subscribe. 
  1. Your paid subscription to a Subscription Offering (i) will begin on the date when you first purchase your subscription (“Subscription Billing Date”) and continue for the duration of the subscription period (such period, the “Initial Subscription Period”), and (ii) will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”), unless you cancel your subscription,  or we terminate your subscription or the Subscription Offering, or you have a separate contract with TDA with a custom offering. 
  1. If you subscribe to a monthly Subscription Offering, then you authorize TDA or its third-party payment processors to periodically charge, on a going-forward basis and until your cancellation or our termination of your subscription or the Subscription Offering, all sums that have accrued on or before the payment due date. For each Subscription Offering to which you are subscribed, your Account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your subscription for all applicable Subscription Fees for the next Subscription Period. TDA or its third-party payment processor will bill such charges to the payment method associated with your Account or that you otherwise provide to us. You will promptly update your Account information with any changes to your payment method (for example, a change in your billing address or credit card expiration date) that may occur. 
  1. You may cancel a subscription to a Subscription Offering by selecting “Manage Subscription” within your account profile, which will redirect you to your subscription offering, where you can click “Cancel subscription” o”. Your cancellation must be received at least one business day before the renewal date to avoid the charge for the next subscription period. Email TDA support at kitdp-tdasupport@prf.org. 

4.4 Delinquent Accounts. 

  1. TDA may suspend or terminate access to the Service, including fee-based portions of the Service, for any Account for which any amount is due but unpaid per the Terms of your contract. In addition to the amount due for the Service, a delinquent Account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. 
  1. If your payment method is not valid at the time a Subscription Fee is due and you do not resolve the issues with payment during any applicable grace period that may be provided by TDA, then TDA reserves the right to suspend your subscription to the applicable Subscription Offering(s) and (i) unenroll you entirely from all applicable Offering(s) within such Subscription Offering, which may result in you losing any progress you made in such Offering(s), to the extent you opt to re-enroll in the Offering via subscription or otherwise or (ii) change your enrollment in such Offering(s) from the Certificate Track to the Audit Track. 

5. Licenses. 

5.1 Limited License.  

Subject to your complete and ongoing compliance with these Terms, TDA grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service. For Materials (as defined in Section 6 (Ownership; Proprietary Rights)) included within an Offering, the foregoing license is limited to your use of the Materials in connection with such Offering. 

5.2 License Restrictions.  

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it. 

5.3 Feedback.  

We respect and appreciate feedback from our users, and ask for feedback to be sent to kitdp-tdasupport@prf.org. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant TDA an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and Services. We have no obligation to provide you with attribution for any Feedback you provide to us. 

6. Ownership; Proprietary Rights. 

The Service is owned and operated by TDA. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, Services, and all other elements of the Service provided by TDA (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of TDA, KITDP or their third-party licensors (including, as applicable, Members). Except as expressly authorized by TDA (including as set forth in Section 5 (Licenses) of these Terms) or directly by the applicable copyright holder, you may not make use of the Materials. There are no implied licenses in these Terms and TDA reserves all rights to the Materials not granted expressly in these Terms. 

7. Third-Party Terms. 

7.1 Third-Party Services and Linked Websites. 

  1. TDA may provide tools through the Service that enable you to export information, to third-party Services, including through our implementation of third-party buttons (such as “like” or “share” buttons) from third-party Services, such as X (formerly known as Twitter) or Facebook. By using one of these tools, you hereby authorize TDA to transfer that information to the applicable third-party Service. The Service may also contain links to third-party websites. 
  1. Third-party Services and linked third-party websites are not under the control of TDA, KITDP or any TDA Participant, and, to the fullest extent permitted by law, none of TDA, KITDP and any TDA Participant are responsible for any third-party Service’s use of your exported information or any third-party website’s content. TDA, KITDP, and the TDA Participants are not responsible for and do not routinely screen, approve, review, or endorse the contents of or use of any of the products or Services that may be offered by such third parties. Please be sure to review the Terms of use and privacy policy of any third-party Services and websites before you share any User Content or information with such third-party Services or websites. Once sharing occurs, neither TDA nor any TDA Participant will have any control over the information that has been shared. If you decide to access any third-party Services or linked third-party websites, you do so at your own risk. 

7.2 Third-Party Software.  

The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses. 

8. Email.  

We may send you emails concerning our products and Services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself. 

9. Prohibited Conduct. 

By using the Service, you agree not to: 

  1. use the Service for any illegal purpose or in violation of any local, state, national, or international law; 
  1. post content related to partisan political activities; 
  1. harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service; 
  1. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right; 
  1. access, search, or otherwise use any portion of the Service using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by TDA; 
  1. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; 
  1. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; 
  1. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Account without permission, or falsifying your age or date of birth; 
  1. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights) or any right or ability to view, access, or use any Materials; or 
  1. attempt to do any of the acts described in this Section 9 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 9 (Prohibited Conduct). 

10. Intellectual Property Rights Protection. 

10.1 Respect of Third-Party Rights.  

TDA respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service. 

10.2 DMCA Notification.  

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet Service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address: 

10.3 Procedure for Reporting Claimed Infringement.  

If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information: 

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed. 
  1. a description of the copyrighted work or other intellectual property right that you claim has been infringed. 
  1. a description of the material that you claim is infringing and where it is located on the Service. 
  1. your mailing address, telephone number, and email address. 
  1. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and 
  1. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf. 

Your Notification of Claimed Infringement may be shared by TDA with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to TDA making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement. 

10.4 Repeat Infringers.

TDA’s policy is to: (a) remove or disable access to material that TDA believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the Account of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. TDA will terminate the Account of any user determined by TDA to be repeat infringers. TDA reserves the right, however, to suspend or terminate Accounts of users in our sole discretion. 

10.5 Counter Notification.  

If you receive a notification from TDA that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide TDA with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to TDA’s Designated Agent through one of the methods identified in Section 10.2 (DMCA Notification), and include the following information: 

  1. your physical or electronic signature. 
  1. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. 
  1. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled; and 
  1. your name, mailing address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which TDA may be found, and that you will accept Service of process from the person who provided notification under Section 12.2 (DMCA Notification) above or an agent of that person. 

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act. 

10.6 Reposting of Content Subject to a Counter Notification.  

If you submit a Counter Notification to TDA in response to a Notification of Claimed Infringement, then TDA will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that TDA will replace the removed User Content or cease disabling access to it in 10 business days, and TDA will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless TDA’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on TDA’s system or network. 

10.7 False Notifications of Claimed Infringement or Counter Notifications.  

The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (a) that material or activity is infringing, or (b) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a Service provider, who is injured by such misrepresentation, as the result of TDA relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” TDA reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law. 

11. Modification of Terms. 

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require you to accept modified Terms to continue using the Service. If you do not agree to the modified Terms, you should request deletion of your Account and related personal information by clicking the button labeled “Delete my account” in your Account settings and discontinue your use of the Service. Please read the Privacy Policy carefully for more information about Account deletion. Except as expressly permitted in this Section 11 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. 

12. Term, Termination, and Modification of the Service. 

12.1 Term.  

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 12.2 (Termination). 

12.2 Termination.  

If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate(s). In addition, TDA may, at its sole discretion, terminate these Terms and/or your Account, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your Account and these Terms at any time by requesting deletion of your Account by choosing the option “I would like to end my subscription one day prior to the renewal date above” in your “Manage Subscription” page, which will discontinue your use of the Service. Please read the Privacy Policy carefully for more information about Account deletion. For more info, contact us at kitdp-tdasupport@prf.org. 

12.3 Effect of Termination.  

Upon termination of these Terms: (a) your license and all corresponding rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your Account or the Service; (c) you must pay TDA any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination. The terms of Sections 5.3 (Feedback), 6 (Ownership; Proprietary Rights), 12.3 (Effect of Termination), 13 (Indemnity), 14 (Disclaimers; No Warranties by TDA), 15 (Limitation of Liability), 16 (Governing Law) and 17 (Miscellaneous) will survive termination. You are solely responsible for retaining copies of any User Content you Post to the Service because you may lose access rights to any User Content you Posted to the Service upon termination of your Account. If your Account has been terminated for breaching these Terms, you are prohibited from creating a new Account using a different name, email address or other forms of Account verification. 

12.4 Modification of the Service.  

TDA and the TDA Participants (as defined below) reserve the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. TDA will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. “TDA Participants” means the colleges, universities, and other institutions providing Offerings or other products or Services through the Service, including the course instructors, and their staff. 

13. Indemnity. 

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify TDA, its affiliates, the TDA Participants and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “TDA Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. 

14. Disclaimers; No Warranties by TDA. 

14.1 Disclaimer. 

The Service and all materials and content available through the Service are provided “as is” and on an “as available” basis. TDA, the TDA participants, and the other entities providing offerings viewable on the TDA site but not offered through the Service (the “other providers”) disclaim all warranties of any kind, whether express or implied, relating to the Service and all materials and content available through the Service, including: (a) any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; and (b) any warranty arising out of course of dealing, usage, or trade. TDA, the TDA participants, and the other providers do not warrant that the Service or any portion of the Service, or any materials or content offered through the Service, will be uninterrupted, secure, or free of errors, viruses, or other harmful components, and TDA, the TDA participants, and the other providers do not warrant that any of those issues will be corrected. Course content may change, and courses may not remain available. No advice or information, whether oral or written, obtained by you from the Service, TDA entities, or other providers or any materials or content available through the Service will create any warranty regarding any of the TDA entities, other providers, or the Service that is not expressly stated in these Terms. We are not responsible for any damage that may result from the Service and your dealing with any other Service user. You understand and agree that you use the Service (and any portion(s) thereof) at your own discretion and risk, and that we are not responsible for any damage to your property (including your computer system or mobile device used in connection with the Service) or any loss of data, including user content. 

The limitations, exclusions and disclaimers in this section apply to the fullest extent permitted by law. TDA does not disclaim any warranty or other right that TDA is prohibited from disclaiming under applicable law. 

14.2 No Other Enrollment.  

Nothing in these Terms or otherwise with respect to your participation in any Offering from a Member through the Service results in you being: (a) an applicant for admission to, or enrolled in, any degree or other credit- or credential-bearing program of such Member; and (b) entitled to use any of the resources of such Member beyond the Offerings provided via the Service. 

15. Limitation of liability. 

To the fullest extent permitted by law, in no event will the TDA entities or other providers be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Service or any materials or content on the Service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any TDA entity or any other provider has been informed of the possibility of damage. 

To the fullest extent permitted by law, the aggregate liability of the TDA entities and the other providers to you for all claims arising out of or relating to the use of or any inability to use any portion of the Service or otherwise under these Terms, whether in contract, tort, or otherwise, is shall not exceed the amount you have paid to TDA for access to and use of the Service in the 12 months prior to the event or circumstance giving rise to the claim. 

Each provision of these Terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these Terms. This allocation is essential to the bargain between the parties. Each of these provisions is severable and independent of all other provisions of these Terms. The limitations in this Section 15 (limitation of liability) will apply even if any limited remedy fails of its essential purpose. 

16. Governing Law.   

This Agreement shall be governed and construed under the laws of the State of Indiana, excluding its conflict of law provisions.  Any claim or cause of action shall be brought in a court of competent jurisdiction in the State of Indiana. 

17. Miscellaneous. 

17.1 General Terms.  

These Terms, including the Privacy Policy and Honor Code and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and TDA regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. 

17.2 Privacy Policy. 

Please read the Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy will be reviewed and updated from time to time. When we do make material changes, we will give notice via the TDA Site or by otherwise notifying you. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms. If you have any questions about the TDA Privacy Policy, please contact the TDA Privacy Officer at KITDP-tdaprivacy@prf.org.  

17.3 Honor Code.  

Please read the Honor Code carefully for our policies regarding academic integrity and academic misconduct. The Honor Code is incorporated by this reference into, and made a part of, these Terms.  

17.4 Additional Terms.  

Your use of the Service is subject to all additional Terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms. 

17.5 Consent to Electronic Communications.  

By using the Service, you consent to receiving certain electronic communications from us as further described in Section 8 (Email) and the Privacy Policy. Please read the Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing. 

17.6 Contact Information.  

The Service is offered by TDA at 101 Foundry Drive, West Lafayette, Indiana 47906. You may contact us by sending correspondence to that address or by emailing us at kitdp-tdasupport@prf.org.  

17.7 No Support.  

We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies. 

17.8 International Use. 

 KITDP in its sole and absolute judgment shall determine which countries, territories or individuals will be permitted access to the Service.   

17.9 Sanctions.  

You hereby represent and warrant that you are not: (a) currently the subject or target of any U.S. sanctions or included on any government’s sanctions list(s); or (b) prohibited from accessing or paying for the Service due to U.S. sanctions laws or regulations applicable to your location or country of residence. 

18. Refund Policy. 

Purchases through the Service should be considered non-refundable unless explicitly detailed as ‘refundable’.  In such case where that is explicitly declared, the general refund policies for some Offering types are described below; provided, however, that certain Offerings may have different refund policies that apply (e.g., no refunds permitted), which will be presented to you at the point of purchase. Refunds will be credited to the payment account used for the purchase and may take up to two billing cycles to process. For clarity, to the extent you have access to any Offering through a TDA Business arrangement whereby payment for the Offering is made on your behalf through the entity sponsoring your access, such access is not subject to this Refund Policy and is instead governed by the agreement between TDA and the purchasing organization. 

Notwithstanding anything to the contrary below, please note that we have no obligation to offer you a refund after you earn a Certificate for an Offering or if you complete a Course but are unsatisfied with your final grade, in each case, regardless of whether your refund request was received during the applicable refund period. Please also be aware that we treat violations of our Terms of Service and  our Honor Code very seriously, and we reserve the right to refuse your refund request if we terminate your access to the Service (or any portion(s) thereof) for violation of our Terms or any of our policies, even if your request is made in accordance with the applicable refund policy for the Offering. 

If the applicable refund period for a purchase has passed or refunds are otherwise not available for an Offering and you believe a refund is warranted (e.g., as required under local law), please submit a support ticket via email to kitdp-tdasupport@prf.org. 

18.2 Subscription Offerings. 

TDA does not offer refunds for payments made for annual or monthly Subscription Offerings. 

18.3 Other Products and Services. 

Except as described in this Refund Policy or as explicitly stated at the point of purchase, TDA has no obligation to provide refunds, vouchers, or entitlements for any other product or Service.