Welcome to Learn.KardiaGroup

We are glad you’re here. 

Before you register for, access, or use any portion of the Service, we ask you to read and accept our Terms of Use. These terms will include:

• agreements specific to the use of our platforms and functions within them

• agreements that are specific to particular programs (if applicable)

• general legal agreements

• our Privacy Policy

• our Refunds Policy

Terms of Use

Please read Terms of Use carefully before participating in any of Our Programs, and before using the related Service operated by Kardia Group LLC.

By registering for, accessing, or using any Services, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user or have an account. If you do not understand or do not wish to be bound by the terms of the Agreements, do not register for, access or use any Services.

Our Privacy Policy is a part of these Terms of Use.

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

For the purposes of these Terms of Use:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Kardia Group LLC, an Arizona limited liability company, 4727 E Bell Rd, Ste 45335, Phoenix, AZ 85032.

• Country refers to: Arizona, United States

• Participant means an individual participating in any Program.

• Payment Processor means any third-party payment processor used to process payments for services.

• Personal Information means certain personally identifiable information that can be used to contact or identify you.

• Program refers to any Company programs, including asynchronous courses, mixed delivery courses/programs such as any Game Changer Academies (GCA) program, and any other offerings, and encompasses all related activities including but not limited to live/virtual sessions, discussion groups, and any activity in the web-based Services.

• Terms of Use (also referred as "Terms" or "Terms and Conditions" or “Agreement”) mean these Terms of Use that, in conjunction with our Privacy Policy, form the entire agreement between You and the Company regarding the use of the Program.

• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Program.

• Service refers to the cluster of services through which the Company offers Programs. This includes: the Learn.KardiaGroup content area, accessible from https://learn.kardiagroup.com/, powered by D2L, operated by the Company; the course catalog, accessible from https://catalog.kardiagroup.com, powered by Course Merchant, operated by the Company; and any other related services used to provide content or Program-related experiences.

• You/Your means the individual participating in the Program, including accessing or using the Website, or the company, or other legal entity on behalf of which such individual is participating in the Program or accessing or using the Service, as applicable.

• Your Response Data means all Program application, registration, participation, and feedback/evaluation responses provided by You before, during, and after the Program, including but not limited to all surveys, reflection forms, assessments, and evaluations. This excludes Personal Information.

Acknowledgement

These are the Terms of Use governing the use of this Service and participation in Programs and the agreement that operates between You and the Company. These Terms of Use set out the rights and obligations of all users regarding use of the Service and participation in Programs. Our Privacy Policy is a part of these Terms of Use.

Your access to and use of the Service and Programs is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others who access or use the Service. 

By accessing or using the Service You agree to be bound by these Terms of Use. If you disagree with any part of these Terms of Use then you may not participate in the Program, and you may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. 

Service and Program Components

Accounts

When you create a Service account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Agreement, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

By signing up for an account with us, you represent and warrant that you are at least 18 years of age. (If you are younger than that, please do not sign up with us.)

Paid Services

Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.

Billing

We use a third-party Payment Processor to bill you for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for any error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Refund Policy

All individual Program registrations can be cancelled and fully refunded up to when You access the course materials. 

To request a refund, You must submit a written refund request via Our Contact form. The request should include Your full name, contact information, order number and date, and course name. We will process the refund within 7 days of the receipt of the refund request. Refunds will be issued to the original payment method used during enrollment.

Program Cancellation

We reserve the right to cancel any Program with two (2) business days’ notice. You may opt to enroll in the next available offering of the Program or cancel Your registration for a 100% refund.

Program and Service Access Period

Unless specified otherwise, You will have access to Program materials and the Service for up to 180 days from the Program purchase date.

Your Responsibility for Digital Badges and Certificates

Access to Program materials and the Service is time-limited. Upon completion of any Program, You are responsible for Your own storage and distribution of any digital credentials issued. You are required to download or securely store any issued credentials using the digital badge and certificate manager made accessible during the Program access period. After the stipulated access period, We shall not be held responsible for the storage or retrieval of these digital credentials.

Event-related Permissions

We may record our virtual or in-person events. At events being recorded, You will be notified when event recording begins. Such recordings may include Your name and likeness. 

By Your acceptance of this Agreement, You give us permission to: (1) record events at which you are present, and (2) use such recordings for internal purposes such as program review and improvement. We may post on public forums excerpts from recordings. If such recordings to be posted include Your name or likeness, We will contact You and request Your written permission. We will not post video excerpts with Your name and likeness without Your written permission.

A note about event recording: At this time, we record the plenary of certain sessions, which are typically presentations. We do not record breakout rooms in those sessions, where most participant conversations will take place. We do not record discussion groups or coaching groups. We do not allow local recording of any of our Zoom sessions.

Discussion Forum, Community and Other Communication

In providing access to our Program and Service, we intend to provide space for civil, substantive exchanges with others who are interested in similar topics. We ask that you use the virtual discussions, forum and any other user to user communications in that spirit. Subject to these terms (as detailed below), we give you permission to use the forum and user communications functionality. You must agree to these terms to use these communication venues.

Acceptable Use

• You may not break the law using our Service.

• You may not use or try to use another’s account without their specific permission.

• You may not buy, sell, or otherwise trade in user names or other unique identifiers.

• You may not send advertisements, chain letters, or other solicitations, or gather addresses or other personal data for commercial mailing lists or databases.

• You may not automate access to the forum or any other part of the Service, or monitor the forum, such as with a web crawler, browser plug-in or add-on, or other computer program that is not a web browser. You may not crawl the forum to index it for a publicly available search engine, if you run one.

• You may not use the Service to send email to distribution lists, newsgroups, or group mail aliases.

• You may not falsely imply that you’re affiliated with or endorsed by Us.

• You may not hyperlink to images or other non-hypertext content on other webpages.

• You may not remove any marks showing proprietary ownership from materials You download from the website.

• You may not show any part of the forum on other websites with <iframe>

• You may not disable, avoid, or circumvent any security or access restrictions of the forum.

• You may not strain the infrastructure of the Service with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems underlying the website

• You may not impersonate others through the Service.

• You may not encourage or help anyone in violation of these terms.

Content Standards

• You may not submit content that is illegal, offensive, or otherwise harmful to others. This includes content that is harassing, inappropriate, or abusive.

• You may not submit content that violates the law, infringes anyone’s intellectual property rights, violates anyone’s privacy, or breaches agreements you have with others.

• You may not submit content containing malicious computer code, such as computer viruses or spyware.

• You may not submit content as a mere placeholder, to hold a particular address, user name, or other unique identifier.

• You may not use the Service to disclose information that you don’t have the right to disclose, like others’ confidential or personal information.

Enforcement

We may investigate and prosecute violations of these terms to the fullest legal extent. We may notify and cooperate with law enforcement authorities in prosecuting violations of the law and these terms.

We reserve the right to change, redact, and delete content on the forum for any reason. If you believe someone has submitted content to the forum in violation of these terms, contact us immediately.

Your Content on the Service

We cannot guarantee any sort of privacy on the forum or messaging services. Though forum categories, threads, etc. may be organized with a particular participant group in mind, we cannot guarantee who else may or may not be participating. Therefore, please carefully consider what you say on the Service.

Between you and us, you remain solely responsible for content you submit to the Service. You agree not to wrongly imply that content you submit is sponsored or approved by us. These terms do not obligate us to store, maintain, or provide copies of content you submit, and to change it, according to these terms.

Others who receive content you submit may share your content in ways you have not authorized. You agree that we will not be liable to you for those actions or their consequences.

Forum/Discussion Disclaimers

You accept all risks of using the forum (discussion area) and content on the forum. As far as the law allows, we and our suppliers provide the forum as is, without any warranty whatsoever.

The forum may hyperlink to and integrate forums and services run by others. We do not make any warranty about services run by others, or content they may provide. Use of services run by others may be governed by other terms between you and the one running service.

Your Response Data will be collected and retained by the Company. These data in personally identifiable form will not be displayed in public or shared with or sold to other companies or vendors.

We use Your Response Data to tailor Program and Service design and experience. This includes Program improvement and, in certain cases, Program cohort data feedback. In addition, summary data from Your Response Data will be used to administer the Program and Service.

Your Response Data may be aggregated with other data to produce summaries including but not limited to statistics, charts, graphs, lists, and word clouds that may be used in Program and Service materials including but not limited to curricular materials, reports, publications, and outreach.

Anonymized excerpts from Your Response Data may be used in Program and Service materials including but not limited to curricular materials, reports, publications, and outreach.

We may employ third party companies and individuals to facilitate Programs, to support Programs on our behalf, to perform Program-related services or to assist us in analyzing how our Programs are used. These third parties have access to your Your Response Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

In some cases, Program sponsors may solicit information from You directly, for example, by sending surveys. This is not part of the Program, and is not covered by this Agreement.

See Our Privacy Policy for information about collection and use of Your Personal Information.

General Terms

Trademarks

The names KARDIA GROUP, GAME CHANGER ACADEMIES (GCA), and all related names, logos, product and service names, designs, and slogans are trademarks of the Kardia Group, LLC, an Arizona limited liability company, or its affiliates or licensors. You must not use such marks without the prior written permission from Kardia Group, LLC. All other names, logos, product and service names, designs, and slogans on this Service and in any Program are the trademarks of their respective owners.

Intellectual Property

The Service, all Programs and original content, features and functionality, unless otherwise indicated, are owned by the Company.  

Any use of this content, course material, or presentations without the Company’s prior written permission is prohibited. To obtain permission, contact the Company.

Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Program infringe your copyright, you may request removal of those materials (or access to them) from the Program by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

• Your physical or electronic signature.

• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Program, a representative list of such works.

• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

• A statement that the information in the written notice is accurate.

• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Karen Williams
Kardia Group, LLC
4727 E Bell Rd
Ste 45335
Phoenix AZ 85032
480-682-4979
dmca.notices@kardiagroup.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Program is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Program was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

• Your physical or electronic signature.

• An 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 disabled.

• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Program may be found) and that you will accept service from the person (or an agent of that person) who provided the Program with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Program was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Links To Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Us.  If You click on a third party link, You will be directed to that third party's site.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit. If You have any doubts about the site you are about to enter, We recommend not visiting the site at all.

Termination

We may terminate or suspend Your Service account access and Your participation in any Program immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Use.

Upon termination, Your right to participate in the Program and to use the Service will cease immediately. If you wish to terminate your Service account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Program or 100 USD if You haven't purchased anything through the Program.

To the maximum extent permitted by applicable law, in no event shall the Company, nor Our directors, employees, agents, partners, suppliers or content providers, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Program, third-party software and/or third-party hardware used with the Program, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Indemnification

You shall defend, indemnify, and hold harmless Us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Service, the Program, Content, or otherwise from your User Content, your violation of these Terms of Use, or infringement by you, or any third party using your Account or identity in the Program or Service, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Program. Your use of the Service and Programs may also be subject to other local, state, national, or international laws.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and Programs, and supersede and replace any prior agreements we might have between us regarding the Service and Programs.

Disputes Resolution

If You have any concern or dispute about the Program, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms of Use may have been translated if We have made them available to You on our Service.

You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms of Use

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service and Program after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service and the Program.

Contact Us

If you have any questions about these Terms of Use, please contact us

Please read this Privacy Policy carefully before using Our Service participating in Our Programs.

This Privacy Policy is part of our Terms of Use. It addresses our use of Personal Information as described in the Interpretations and Definitions section above.

Acknowledgement

This page informs you of our policies regarding the collection, use and disclosure of Personal Information when You apply to and register for the Program, and when You use our Service. For other data use information, see the Terms of Use.

We will not use or share your Personal Information with anyone except as described in this Privacy Policy. 

We use your Personal Information for providing and improving the Program and achieving program goals. By using the Service, including participating in any Program, you agree to the collection and use of information in accordance with this policy. 

Information Collection And Use: General

To use Our Service, and In Program application and registration processes, we may ask you to provide us with certain Personal Information, which  may include, but is not limited to:

• Name

• Email address

• Telephone number

• Address

The Company does not store Your payment information. Refer to Payment Processor Terms of Service for information about how Your payment information is handled.

How We Use and Share your Personal Information

Company

Your Personal Information will be shared among Company staff as needed to administer the Service, Programs and to achieve Program goals. 

We use Personal Information to solicit reflections and feedback from You. We may also use Personal Information to notify you about Program events and logistics, to notify You of future Program activities, and for other Program-related functions. These communications are essential to some Programs. By using the Service, and by participating in Programs, You consent to these communications during and after the Program.  To stop receiving any communications after the Program, You may unsubscribe or email Your request to us using Our Contact form.

Program Sponsors

Your Personal Information will be shared with Program sponsors, if applicable, to administer the Program and to accomplish Program goals. 

Service Providers

We may employ third party companies and individuals to support our Service, to facilitate our Program, to support the Program on our behalf, to perform Program-related services or to assist us in analyzing how our Program is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Other Program Participants

For certain Programs, to administer the Program and to facilitate Program communication and community-building, we will also share your Personal Information with other Program Participants.

Other Data We May Collect

Program-Specific 

See section Your Response Data and How We Use It above related to Your Response Data.

Log Data

We collect information that your browser sends whenever you visit our Service or participate in a virtual session ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, start and end times of your session participation,  and other statistics.

The Company and our service providers have access to Log Data.

Cookies

Cookies are files with small amounts of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive.

We use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service, which might limit Your ability to participate in the Program.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

Children's Privacy

Our Service and Programs do not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we discover that a child under 18 has provided us with Personal Information, we will delete such information from our servers immediately.

Compliance With Laws

We will disclose your Personal Information where required to do so by law or subpoena.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy or any other part of our Terms of Use, please contact us