If you use our website (tourismacademy.org, which is the site you're reading this on right now) then this document is for you. Among other things, it talks about what constitutes a legitimate use of our website.
Tourism Academy, Inc. ("Tourism Academy") operates each website ("Site") that links to these Terms of Use to provide online access to information about Tourism Academy, Inc. and the products, services, and opportunities we provide. Use of the Tourism Academy Service is governed by our Customer Terms of Service.
By accessing and using the Site, you agree to these Terms of Use.
Tourism Academy, Inc. reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were revised is set forth below.
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Permitted Use of The Site
You may use the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the "Content") solely for your non-commercial, personal purposes and/or to learn about Tourism Academy, Inc. products and services, and solely in compliance with these Terms of Use.
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Prohibited Use of The Site
By accessing the Site, you agree that you will not:
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Use the Site in Violation of these Terms of Use;
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Use the Site in violation of the terms of Tourism Academy, Inc.'s Acceptable Use Policy;
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Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Site, or otherwise attempt to discover any source code, or allow any third party to do so;
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Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Service in any way;
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Use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Tourism Academy servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
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Use the Site in any manner that damages, disables, overburdens, or impairs any Tourism Academy website or interferes with any other party's use and enjoyment of the Site;
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Mirror or frame the Site or any part of it on any other web site or web page.
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Attempt to gain unauthorized access to the Site;
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Access the Site by any means other than through the interface that is provided by Tourism Academy for use in accessing the Site;
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Use the Site for any purpose or in any manner that is unlawful or prohibited by this Agreement.
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Any unauthorized use of any Content or the Site may violate patent, copyright, trademark, and other laws.
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Eligibility and Account Terms
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Age of Access. You must be at least 18 years old to use the Platform, or, if You are between the ages of 13 and 18, You must have your parent or guardian's permission to use the Platform. By using our Platform, You are telling us by your actions that You have obtained that permission (You are 'representing' and 'warranting' that You have obtained the appropriate permissions to use our Platform). IF YOU ARE UNDER THE AGE OF 13 YOU MAY NOT USE OUR PLATFORM IN ANY MANNER NOR MAY YOU REGISTER FOR AN ACCOUNT.
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OFAC Restrictions. As an express condition of being permitted to access and use the Platform, You represent and warrant that You (i) are not on a list of persons that bars You from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Syria, Venezuela or Crimea.
- User Accounts. To access or use certain features of the Platform, You may be required to register for an account (“Account”). For example, to enroll in a Creator’s course or other service, You will be required to create a Student Account associated with the Creator’s school. When You register for an account, You agree to provide true, accurate, current and complete information and to keep Your account up to date.
- Creator Accounts. To sign up for the Platform as a Creator, you will need to open a Creator account. Creators are deemed the contracting party (“Primary Owner”) for the purposes of our Terms.
If you are signing up as a Creator on behalf of your employer, your employer shall be the Primary Owner of the account and any associated school(s). If you are signing up on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms. - Admin User Accounts. Depending on the Tourism Academy, Inc. subscription plan, a Creator may allow one or more persons (“Non-Primary Owner”) to establish an administrative account associated with a Primary Owner’s school. The Primary Owner is responsible for setting the level of access and permissions for Non-Primary Owners.
A Primary Owner is responsible and liable for the acts, omissions and defaults arising from the use of Non-Primary Owner accounts associated with their schools as if they were the Primary Owner’s own acts, omissions, or default. - Account Ownership Disputes. In the unlikely event that there is a dispute over the ownership of an account, Tourism Academy, Inc. has the right to request additional information from You to determine ownership and settle the dispute. The information that We may request to assist in resolving ownership disputes includes, but is not limited to, the following:
copy of Your photo ID
Your business documents, including a Charter, Certificate of Incorporation, LLC
Agreement, business license, or other documentation showing ownership of Your entity;
Your billing information and details;
Certified copies of your tax forms; and
Other documentation as we deem necessary to settle the dispute
Should a dispute arise, Tourism Academy, Inc. reserves the right determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law.
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Relationship between Tourism Academy, Inc. and Users
Creators and Students are not employees of Tourism Academy, Inc.
Tourism Academy, Inc. is not responsible for interactions between Creators and Students, with the exception of providing the technological means through which Creators may broadcast and otherwise make their courses and other content (“Creator Content”) available and, at each Creator's election, for processing payments through Tourism Academy, Inc.'s payment gateway(s). Tourism Academy, Inc. is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Creator/Student relationship, including but not limited to, any Student's reliance upon any information provided by a Creator or Creator Content at any time.
As stated in our Privacy Policy, Tourism Academy, Inc. only provides Creators with limited information about Students enrolled in their services, including name, email address, and the Creator offering in which the Student has enrolled. This information is only available to the Creator upon the purchase or enrollment of a Student in the Creator's school. Tourism Academy, Inc. does not provide, sell, rent, release, disclose, or otherwise transfer Student data to Creators for monetary or other valuable consideration. Students assume full responsibility for the disclosure and use of any other personal information the Student chooses to disclose to any Creator on the Platform. -
Third Party Communications
By using Tourism Academy, Inc.'s Platform, You may receive communications from third parties (e.g. a Creator may communicate with a Student). Tourism Academy, Inc. is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. Tourism Academy, Inc. assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.
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Copyrights and Trademarks
The Site is based upon proprietary Tourism Academy, Inc. technology and includes the Content. The Site is protected by applicable intellectual property and other laws, including trademark and copyright laws. The Site, including all intellectual property rights in the Site, belongs to and is the property of Tourism Academy, Inc. or its licensors (if any). Tourism Academy, Inc. owns and retains all copyrights in the Content. Except as specifically permitted on the Site as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the Site, in whole or in part, by any means. Tourism Academy, Inc., the open book Design, the Tourism Academy, Inc. logos, and other marks used by Tourism Academy, Inc. from time to time are trademarks and the property of Tourism Academy, Inc.. The appearance, layout, color scheme, and design of the Tourism Academy, Inc. site are protected trade dress. Customer does not receive any right or license to use the foregoing. Tourism Academy may use and incorporate into the Site or the Tourism Academy, Inc. Service any suggestions or other feedback you provide, without payment or condition.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement on the Site or the Service should be sent to Tourism Academy, Inc.'s designated Copyright Agent. See the Claims of Copyright Infringement instructions below. -
Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Tourism Academy, Inc. of the third party, the third-party web site, or the information there. Tourism Academy is not responsible for the availability of any such web sites. Tourism Academy, Inc. is not responsible or liable for any such web sites or the content thereon. If you use the links to the web sites of Tourism Academy, Inc. affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those websites.
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Downloading Files
Tourism Academy, Inc. cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
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Disclaimers; Limitations of Liability
TOURISM ACADEMY, INC. AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE SITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TOURISM ACADEMY, INC. AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE SITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TOURISM ACADEMY, INC. IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOURISM ACADEMY, INC. AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF TOURISM ACADEMY, INC. OR ANY OF TOURISM ACADEMY, INC.'S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, TOURISM ACADEMY, INC. IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF TOURISM ACADEMY, INC. AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
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Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Tourism Academy, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use.
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Privacy
Your use of the Site is subject to Tourism Academy's Privacy Policy, available at https://knowledge.tourismacademy.org/privacy-policy.
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Additional Terms of Service
If you are a customer of Tourism Academy or an employee, representative or agent of a Tourism Academy customer, your use of the Tourism Academy Service is subject to Tourism Academy's Customer Terms of Service.
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The Tourism Academy, Inc.'s General Rights In Operating Its Platform
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Tourism Academy, Inc. may modify, terminate, or refuse to provide Tourism Academy, Inc. Services at any time for any reason, without notice.
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Tourism Academy, Inc. may remove anyone from the Tourism Academy, Inc. Platform at any time for any reason, solely in Tourism Academy, Inc.'s discretion. This right is not modified by any other section of these Terms.
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Tourism Academy, Inc. reserves the right to access Your account, school, and User Content in order to respond to requests for technical support, to maintain the safety and security of the Tourism Academy, Inc. Platform, and for other legitimate business purposes, as necessary, in Tourism Academy, Inc.'s discretion.
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Tourism Academy, Inc. may, but has no obligation to, monitor any User Content that appears on the Tourism Academy, Inc. Platform or review any conduct occurring through the Platform, including any interactions between Creators and Students and Tourism Academy, Inc. employees.
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Tourism Academy, Inc. reserves the right to modify, suspend, or alter its refund policy, at its sole discretion.
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If You close Your account or terminate Your school, Tourism Academy, Inc. may keep a copy of Your User Content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law.
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Tourism Academy, Inc. reserves the right to remove You and Your User Content without warning if You violate any of the provisions of these Terms.
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Tourism Academy, Inc. has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of these Terms without warning at any time.
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Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Tourism Academy of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
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Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Tourism Academy therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Tourism Academy does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
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Enforcement/ Choice of Law/ Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, Tourism Academy, Inc.'s Privacy Policy, your use of the Site, any other Tourism Academy, Inc. web site or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Florida, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Fort Lauderdale, Florida in the event of any dispute of any kind arising from or relating to these Terms of Use, Tourism Academy, Inc.'s Privacy Policy, your use of the Site, any other Tourism Academy, Inc. web site or the Content.
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Last Revised: 02 May 2022
Copyright 2022 Tourism Academy. All rights reserved.
Claims of Copyright Infringement
DMCA Notices
Tourism Academy, Inc. respects the intellectual property rights of others, and we ask our users to do the same. Tourism Academy, Inc. may, in its sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights.
If you believe that your work has been copied in a way that constitutes infringement on Tourism Academy, Inc.'s website, please provide the following information to Tourism Academy, Inc.'s Copyright Agent.
Contact Tourism Academy:
Tourism Academy, Inc. Copyright Agent for notice of claims of copyright infringement on or relating to this website ("Notifications") can be reached either by sending an e-mail to copyright@tourismacademy.org or by sending a letter via U.S. Mail to: Tourism Academy, Inc., 8130 Lakewood Main Street, Suite 103-338, Lakewood Ranch, Florida, 34202 USA, Attn: General Counsel.
Submission of Notification:
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed ("Complaining Party");
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Tourism Academy, Inc. to locate the material;
- Information reasonably sufficient to permit Tourism Academy, Inc. to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Receipt of Notification:
Upon receipt of the written Notification containing the information as outlined in 1 through 6:
- Tourism Academy, Inc. will remove or disable access to the material that is alleged to be infringing;
- Tourism Academy, Inc. will forward the written notification to such alleged infringer (the "Alleged Infringer");
- Tourism Academy, Inc. will take reasonable steps to promptly notify the Alleged Infringer that it has removed or disabled access to the material.
Counter Notification:
An Alleged Infringer may submit a Counter Notification to contest the claim of alleged infringement. To be effective, a Counter Notification must be a written communication provided to Tourism Academy, Inc.'s Copyright Agent that includes substantially the following:
- A physical or electronic signature of the Alleged Infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The Alleged Infringer's name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the Alleged Infringer's address is located, or if the Alleged Infringer's address is outside of the United States, for any judicial district in which Tourism Academy, Inc. may be found, and that the Alleged Infringer will accept service of process from the person who provided notification or an agent of such person.
Receipt of Counter Notification:
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
- Tourism Academy, Inc. will promptly provide the Complaining Party with a copy of the Counter Notification;
- Tourism Academy, Inc. will inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
- Tourism Academy, Inc. will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Tourism Academy, Inc.'s Copyright Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Alleged Infringer from engaging in infringing activity relating to the material on Tourism Academy's network or system.