- Xceptional Ed (also referred to as Xceptional Ed) is a web-based service that provides professionals with an online marketplace to buy and sell course content as courses, and supporting materials, directly from and to each other, which may also consist of original digital materials created by the seller.
- Terms of Service/User Agreement (“Agreement”) governs access to and use of Xceptional Ed, located at www.XceptionalEd.com, in any capacity including the finding, buying, posting, selling, and sharing of Course Content and materials.
- Xceptional Ed is intended for adults only. You must be 18 years or older to use this site; users under 18 are not authorized to use Xceptional Ed.
- Any person enrolled in a course is considered a “Learner” for the purpose.
- Any person creating Course Content is considered a “Leader”.
- “Course Content” is considered as any downloadable digital material (.pdf, word, excel, .jpg, .png, etc.), videos, powerpoint presentations, which are made available within a personal course library at the Xceptional Ed website located at XceptionalEd.com.
- Learning outcomes are listed for courses that are 1 hour and longer.
- Course Content will refrain from explicit, or adult content, which does not support, represent, or educate in the positive mission of professional development.
- Xceptional Ed is not responsible to manage, maintain, or review, any content posted by Leaders at Xceptional Ed.
- Access to Course Content may be disabled if the material is removed from Xceptional Ed, for example, by the original seller as a result of the original seller’s account being closed or the materials being removed in response to an intellectual property complaint or Digital Millennium Copyright Act notification.
- All Learners and Leaders are responsible to maintain professional interactions with other members, Leaders, and/or Learners with regards to comments, questions, and other interactions regarding their course content at Xceptional Ed.
- If there is a dispute between a Learner/Leader and any third party (including without limitation any member of visitor of Xceptional Ed), Xceptional Ed is under no obligation to become involved, and you hereby release Xceptional Ed from any claims, damages, of any kind and of any nature arising out of or relating to any such dispute.
All Learners are expected to respect all other members and Leaders rights, beliefs, and opinions, within all website and course related communication.
A. Purchasing Courses
- Learners who wish to purchase Course Content through Xceptional Ed also must join Xceptional Ed as a member and complete their profile.
- You agree not to share your purchases with others. You agree not to post your purchased or freely downloaded contents and materials on the Internet.
- Course Content must be paid in full prior to access the course.
- You agree that Xceptional Ed may charge your credit card, PayPal or other account for any Course Content purchased.
- Fees for courses charged will reflect the name “Xceptional Ed”.
- You agree that purchase of Course Content to you does not transfer to you any commercial or promotional use rights. You agree that your use of Xceptional Ed (including your purchase of Course Content) constitutes your acceptance of and agreement to use Xceptional Ed and such Course Content solely in accordance with this Agreement, and that any other use of Xceptional Ed or Course Content and materials may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use.
B. Certificate Maintenance Hours
- Certificate Maintenance Hour (CMH) courses are created with the highest standards for acceptance as credit hours for professional development.
- CMH are only offered courses which are 1 hour and longer and on 30 minute increments (1.0, 1.5, 2.0, etc).
- Contact your professional organization for specific requirements.
- ASHA – Xceptional Ed courses will qualify for certificate maintenance hours. Completing your compliance information is a simple affirmation of achievement and you will not need to list the course titles or information. However, we recommend you download and save Course Certificates in the event you are audited.
Here is a copy of the form you will complete when you are ready to report your Certificate Maintenance interval:
C. Refund Policy
- Technical issues: All Course Content sales are final. However, digital downloads may at times provide challenges, please contact us directly with regards to these special and rare situations.
- Course Content: Xceptional Ed invites feedback from course participants, instructors, and staff to provide enriching and valuable learning opportunities. Course attendees and instructors may be communicate recommendations, challenges, or requests in writing through the Course Evaluation form, or through our Contact Us link on the Xceptional Ed.com website. All issues and concerns will be addressed in a timely manner and with the highest satisfaction as our goal.
- As a content consumer, it is your responsibility to determine that you have the appropriate hardware/software to make use of Course content and that the content you are purchasing is legal and non-infringing. No refunds are available in these cases.
- Products removed from Xceptional Ed due to a complaint of copyright/trademark infringement, or for any other reason, are not eligible for a refund.
- Xceptional Ed may in its sole discretion make certain exceptions to this policy on a case-by-case basis.
- Individuals not satisfied with the course and requesting a refund, will be offered the opportunity of a full refund, and the course will be removed from the individual’s dashboard. The course participant will be invited to provide feedback about course presentation and content in the form of written complaints and can expect an email reply within the 2-4 business days. Full refund is an option, and subject to acceptance by the participant in lieu of a course completion certificate.
- Live Course Webinars: If Xceptional Ed must cancel the live course webinar for any reason, a full refund of registration cost will be issued within two weeks of cancellation. No other remuneration will be issued. No refunds will be issued if a Learner is unable to attend the Live Course Webinar. Instead, a code will be made available when the exact course is made available as a Self-Study course at Xceptional Ed.com. Individuals not satisfied with the course and requesting a refund, will be offered the opportunity of a full refund, however, will not receive CEU credit. The course participant will be invited to provide feedback about course presentation and content in the form of written complaints and can expect an email reply within the 2-4 business days. Full refund is an option, and subject to acceptance by the participant in lieu of course credit.
- Content Creators who sell Content via Xceptional Ed are referenced at Xceptional Ed as “Leaders”.
- Leaders who wish to sell their Course Content through Xceptional Ed must join Xceptional Ed as a member.
- Leaders will be charged Service Fees on all sales made through Xceptional Ed, as specified in the compensation agreement.
- In consideration of your profile description at Xceptional Ed, you, the Leader, represent that you are at least 18 years of age and are not a person barred from receiving these services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by Xceptional Ed’s registration and (b) maintain and promptly update information to keep it true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Xceptional Ed has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, without limiting any other remedies, Xceptional Ed has the right to suspend or terminate your Account and refuse any and all current or future use of Xceptional Ed (or any portion thereof).
- Financial/Non-Financial Disclosures are REQUIRED for all courses listed on Xceptional Ed.
- Instructional Personnel Disclosure: Xceptional Ed requires that all individuals involved in developing and delivering course content to be offered for a certificate of completion, disclose relevant financial and nonfinancial relationship(s). When an individual accepts the invitation to participate as instructional personnel in a course to be offered for professional certificate maintenance hours, Xceptional Ed will obtain a disclosure form of any relevant financial and nonfinancial relationships related to the course content.
- Individuals who refuse to complete a disclosure form will be disqualified and may not participate in developing or delivering course content.
B. Course Content
- By listing an item for sale, or uploading it to Xceptional Ed, the Leader represents and warrants that you have the right and ability to sell this content, and that the listing is accurate, current, complete, and is not misleading or otherwise deceptive.
- Leader is solely responsible to insure that Course Content, and use of the same will not infringe any right including, but not limited to the copyright or trademark right of any third party.
- Course Content made available at Xceptional Ed for purchase may not be marketed via any other online marketplace during it’s placement at Xceptional Ed.
- When you, the Leader, upload Course Content and materials on Xceptional Ed, you retain ownership of any copyright of digital information which you claim as your content.
- Leader agrees to work closely with the Xceptional Ed Course Supervisor in order to abide by course submission guidelines and deadlines.
- Course content must be provided in a scholarly manner regarding (1) theoretical aspects related to the product or service and/or (2) the details of operation.
- Course content must disclose that there will be limited or no information provided about similar products or services when a course is focused on a specific product or service. Conversely, when a specific product or service is not presented, the use of trade or product names from several companies will be considered.
- Course Content with a duration of longer than 59 minutes is REQUIRED to specify a minimum of 2 learning outcomes as defined by professional development guidelines (example). (http://www.asha.org/ce/for-providers/Learner_outcomes/)
C. Course Pricing
- Leaders are solely responsible for setting the prices for the sale of their general Course Content distributed through Xceptional Ed.
- You, the Leader, are obligated to sell your Course Content at the prices listed on Xceptional Ed.
- All courses over 59 minutes long must be priced at a minimum of $20.00.
- COURSE REFUNDS will be shared by the Leader in accordance with the Service Fee Agreement.
- You agree to give Xceptional Ed complete decision making regarding Course Refunds related to all your courses available at Xceptional Ed.com.
- Course Refunds will be deducted from the month of sales income in which the refund has been approved and will be reflected in the total payment amount for that month.
- Courses that are shared by more than one Leader will automatically divide course income by equal amounts.
D. Certificate Maintenance Hours
- Certificate Maintenance Hours (CMH) are only offered for courses 1 hour and longer and on 30 minute increments (1.0, 1.5, 2.0, etc).
- For each transaction, Xceptional Ed will automatically deduct Fee from the sale price collected from Learners through Xceptional Ed, and then will distribute the remaining amounts to the Leaders on a monthly basis.
- If you are in breach of the Leader Terms, Xceptional Ed reserves the right, according to its sole discretion, to withhold any funds that would otherwise be due to you under these Terms, and either keep those funds permanently, or refund them to the Learners who purchased content from you.
- Payments will be made through PayPal for all Leaders.
- Xceptional Ed will charge a fee to the Leader for making each Monthly Payout that is equal to but not more than the cost to Xceptional Ed from its respective payment processors for making the payout. This fee will be deducted directly from the Monthly Payout total. This fee is subject to change at the discretion of the payment processors.
- You agree that you are solely and exclusively responsible for any federal, state, or local taxes, including sales taxes, which might apply to any sales you make in connection with Service.
1. General Courses
- Leaders agree to pay Xceptional Ed a service fee (“Service Fee”) for all Course Content you sell to Learners through Xceptional Ed, in accordance with the following:
- Leaders will pay a Service Fee equal to 20% of the sale price of each item of digital Course Content sold.
- Course Content offered for Free will not incur a service fee.
2. Sponsored Courses
- Courses which are “Sponsored” by a third-party MUST be announced as a sponsored course in the Course Description and in the Introduction portion and/or Financial Disclosure section of their course.
- IF the Leader receives payment to create the course this also must be announced in the Course Description.
- The Leader does not receive compensation from sponsorship on courses created during Xceptional ED conferences, however, they do receive compensation from the recorded course listed in their library after the conference.
- Xceptional Ed reserves the right to disable access to or remove content that we believe in good faith to be infringing on a copyrighted work.
- Xceptional Ed reserves the right to disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works.
- Xceptional Ed reviews all information in accordance with the Digital Millenium Copyright Act (DMCA) and all other applicable laws.
F. General Agreements
- By accepting these Terms of Service, you (Learner and Leader members) agree to be bound by our Copyright Policy, which is by this reference expressly incorporated into this Agreement.
- Xceptional Ed does not discriminate in its educational programs or activities on the basis of race, color, national or ethnic origin, ancestry, age, religion or religious creed, disability or handicap, sex or gender (including pregnancy, sexual harassment and other sexual misconduct including acts of sexual violence such as rape, sexual assault, sexual exploitation and coercion), gender identity and/or expression, sexual orientation, military or veteran status, genetic information, or any other characteristic protected under applicable federal, state or local law. Retaliation is also prohibited.
- Xceptional Ed abides by state/federal laws regarding sexual harassment.
- Xceptional Ed reserves the right to suspend or terminate, or take any other action or remedy that we deem reasonable, appropriate, or necessary, in our sole discretion, with respect to your Account immediately, without prior notice or liability, for any reason. If we terminate your account, your right to use Xceptional Ed will immediately cease.
- You may terminate your Account at any time and for any reason, and we will make available through Xceptional Ed reasonable means for you to do so. When these terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply, including but not limited to, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, subscribe to a newsletter, respond to a survey, or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize your experience and to allow us to deliver the type of content
and product offerings in which you are most interested.
- To allow us to better service you in responding to your customer service requests.
- To quickly process your transactions.
- To send periodic emails regarding your order or other products and services.
How do we protect your information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible. We use regular Malware Scanning. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information. All transactions are processed through a gateway provider and are not stored or processed on our servers.
Do we use ‘cookies’?
- Understand and save user’s preferences for future visits.
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If users disable cookies in their browser: If you turn cookies off, some features will be disabled. Some of the features that make your site experience more efficient and may not function properly. However, you will still be able to place orders
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We have implemented the following:
- Demographics and Interests Reporting
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
You can change your personal information:
- By logging in to your account
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we do not allow third-party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur: We will notify you via email within 7 business days.
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions
- Process orders and to send information and updates pertaining to orders.
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
- Not use false or misleading subjects or email addresses.
- Identify the message as an advertisement in some reasonable way.
- Include the physical address of our business or site headquarters.
- Monitor third-party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly.
- Allow users to unsubscribe by using the link at the bottom of each email.
If at any time you would like to unsubscribe from receiving future emails, you can email us at firstname.lastname@example.org.
- Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.
- Ownership of Site. With the exception of the Course Content, this site, Xceptional Ed, and all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code therein (collectively, the “Xceptional Ed Content”), including without limitation the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content is owned, controlled, or licensed by or to Xceptional Ed, and is protected by trade dress, trade secret, copyright, patent, and trademark laws, and various other intellectual property rights.
- Except as expressly provided in this Agreement or otherwise permitted by law, no Xceptional Ed Content may be used, copied, reproduced, modified, republished, disassembled, reverse engineered, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other person, computer, server, website, or in any other medium for any purpose, without Xceptional Ed’s express prior written consent.
- Xceptional Ed is not the agent or representative of any site users nor does it operate under their authority for any purpose. Xceptional Ed is simply a service provider that offers users the technological means to communicate with each other, sell goods to each other, and buy goods from each other.
- Xceptional Ed may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email or postings on Xceptional Ed.
- Xceptional Ed may change or amend these Terms. Your use of Xceptional Ed after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using Xceptional Ed. Otherwise the new terms will apply to you.
- Future Changes in Xceptional Ed. Xceptional Ed reserves the right at any time to modify, suspend, or discontinue providing Xceptional Ed or any part thereof with or without notice. Xceptional Ed will not be liable to you or to any third party for any modification, suspension, or discontinuance of Xceptional Ed.