The following terms and conditions (the "Agreement") govern the provision of the HeatSpring training course services (the "Services") to you. By accepting the services, you agree to be bound by this Agreement with HeatSpring as of the date hereof. No action other than your participation in the HeatSpring course is necessary to demonstrate your acceptance of this Agreement.
All students participating the class must sign the following honor code:
I, [Student Name], do hereby certify on my honor as a student that I have completed [Course] and complied with the above HeatSpring Code of Conduct.
We do not provide refunds. If you are unhappy with our Services for some reason let us know and we will work to make it better. Depending upon our assessment of the circumstances of your dissatisfaction, we may allow you to use some portion of your payment as a credit towards a different course.
Free Courses: Since this is a free course, there is no guaranee for how long the course materials will be available.
Premium Multi-week Courses: Course materials will remain in your account and will be accessible 12 months (1 year) after the course session ends. Access can be extended beyond 1 year with a monthly membership.
Monthly Subscription Courses: Course materials for monthly subscription courses will remain in your account and you will continue to have access to new lectures and assignments for as long as your subscription remains active. You can cancel or pause your subscription anytime.
If you need to postpone initiating a course or need to substitute a course for a course you paid for, please contact us at email@example.com. You will be given a HeatSpring market credit. Market credits expire 24 months (2 years) after the initial course start date. If you have a market credit which is about to expire, contact us before the expiration date to use your credit or for an extension on a case-by-case basis. We do not re-instate market credits that have already expired.
HeatSpring reserves the right to cancel or postpone courses under certain circumstances. If this is the case, you may choose to reschedule or receive a full refund of the tuition cost. No cancellation or rescheduling fees will be assessed if HeatSpring cancels or reschedules the training.
THE SERVICES PROVIDED ARE PROVIDED "AS IS" WITHOUT WARRANTY, EXPRESS OR IMPLIED OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF THE RECEIPT OF THE SERVICES REMAINS WITH YOU. IN NO EVENT WILL HEATSPRING BE LIABLE FOR ANY DAMAGE WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SERVICES, EVEN IF HEATSPRING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HEATSPRING DOES NOT WARRANT THAT THE DELIVERY OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
YOU ACKNOWLEDGE AND AGREES THAT YOU HAVE NOT RELIED ON ANY EXPRESS OR IMPLIED REPRESENTATION OF DISCREET, WRITTEN OR ORAL, AS AN INDUCEMENT TO ENTERING INTO THIS AGREEMENT.
HEATSPRING'S TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS, DAMAGES, COSTS OR EXPENSES WHETHER IN STRICT LIABILITY, TORT, NEGLIGENCE, CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, SHALL BE LIMITED TO FIVE HUNDRED DOLLARS ($500), BUT IN NO EVENT WILL HEATSPRING BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, HOWEVER CAUSED AND WHETHER OR NOT HEATSPRING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You agree and acknowledge that neither your course instructor nor your fellow students are HeatSpring employees or are under HeatSpring direction or control. You shall, and hereby do, forever release, waive, and covenant not to sue HeatSpring with regard to any claim, action, proceeding, suit, liability, cost, or damage arising from or relating to the actions or in actions of your course instructor or your fellow students.
You shall not use, transfer, transmit, or communicate the data and skills obtained pursuant to the Services to develop, direct, assist, launch, or operate any business venture that competes with HeatSpring or any of its affiliates.
You agree and acknowledge that HeatSpring and/or its licensors own all right, title, and interest in and to the works presented or delivered via the Services and further agree that you shall not perform any action that undermines or is inconsistent with that ownership.
Your receipt of the Services and access and use of the Course Materials are for your individual benefit and use only. You shall not reproduce, distribute, modify, display, or perform the Course Materials other than in connection your personal and individual use of the Course Materials.
You agree and acknowledge that it would be difficult to determine the precise amount of damages to HeatSpring in the event of your breach of this Section entitled "Use". If You violate this Section, then you shall pay to HeatSpring an amount equal to one hundred and fifty percent (150%) of the non-discounted course fee for the relevant course, multiplied by the number of times you have breached this Section entitled "Use".
The parties acknowledge that it will be impossible to measure the damages that would be suffered by HeatSpring if you fail to comply with this Agreement and that in the event of any such failure, HeatSpring will not have an adequate remedy at law. HeatSpring shall, therefore, be entitled in addition to any other rights and remedies to obtain specific performance of your obligations hereunder and to obtain injunctive relief without having to demonstrate irreparable harm or post a bond. You shall not urge, as a defense to any proceeding for such specific performance or injunctive relief, that HeatSpring has an adequate remedy at law.
This Agreement will be governed by and construed in accordance with the laws of the State of Michigan, excluding its conflict of laws principles. The parties irrevocably submit to the exclusive jurisdiction of any state or federal court located in the Eastern District of Michigan over any suit, case, or controversy related to or arising from this Agreement. With respect to any action arising under or related to this Agreement, the parties hereto each hereby: (i) agrees that it has sufficient contacts with Michigan to subject it to the personal jurisdiction of the state and federal courts in the Eastern District of Michigan; (ii) agrees that venue properly lies in Michigan; (iii) waives and agrees not to assert any claim that it is not subject personally to the jurisdiction of the above-named courts; such action should be dismissed on grounds of lack of venue or forum non conveniens; should be transferred to any court other than the above-named courts; should be stayed by reason of the pendency of some other proceeding in any court other than the above-named courts; (iv) consents and agrees that service of process may be made in any manner permitted by law or by registered or certified mail, return receipt requested, at its principal place of business; and that service made in accordance with the foregoing is reasonably calculated to give actual notice of any such action; and (v) waives and agrees not to assert any claim that service of process made in accordance with the foregoing does not constitute good and sufficient service of process. In the event of any litigation arising from or related to this Agreement, the prevailing party as determined by the appropriate court shall be entitled to recover reasonable attorney's fees.
You may not assign the whole or any part of this Agreement without the written consent of HeatSpring. Any attempted assignment in violation of the foregoing will be null, void and without effect. The rights and obligations herein shall bind the parties, their legal representatives, successors, heirs and assigns.
This Agreement constitutes the entire agreement between HeatSpring and you with respect to the subject matter hereof and supersedes all previous Agreement negotiations, commitments, writings, advertisements, publications, and understanding of any nature whatsoever unless expressly included in this Agreement. No waiver of a breach of any provision of this Agreement by either party shall constitute a waiver of any other breach of said provision or any other provision of this Agreement. No waiver will be enforceable unless it is a written agreement executed by the party granting the waiver, making specific reference to this Agreement and reciting the parties' intention that it constitutes a waiver. Failure of either party to enforce at any time, or from time to time, any provisions of this Agreement shall not be construed as a waiver thereof. The remedies herein reserved shall be cumulative and additional to any other remedies in law or equity.
Any modifications of or changes to this Agreement shall be in writing and signed by both parties. Notwithstanding the foregoing, in the event that a court determines that any provision of this Agreement is unenforceable as written, then (i) the remainder of this Agreement will continue in full force; and (ii) the parties agree that a replacement provision shall automatically be substituted for the stricken provision, provided that that replacement provision is enforceable and as nearly approximates as possible the original meaning of the stricken provision. For the avoidance of doubt, the parties authorize a reviewing court to so ‘blue pencil' this Agreement.
This Agreement is perpetual and shall terminate only upon the written agreement of the parties.
While we have not made any material changes to the way we process data about our users, we have updated this policy to make it shorter and easier to read, and to comply with the EU General Data Protection Regulation coming into force on May 25, 2018.
Table of Contents
We collect certain data from you directly, like information you enter yourself, data about your participation in courses, and data from third-party platforms you connect with HeatSpring. We also collect some data automatically, like information about your device and what parts of our Services you interact with or spend time using.
We may collect different data from or about you depending on how you use the Services. Below are some examples to help you better understand the data we collect.
When you create an account and use the Services, including through a third-party platform, we collect any data you provide directly, including:
Account Data: In order to use certain features (like enrolling in a course), you need to create a user account. When you create or update your account, we collect and store the data you provide, like your email address, password, gender, and date of birth, and assign you a unique identifying number ("Account Data").
Profile Data: You can also choose to provide profile information like a photo, headline, website link, social media profiles, or other data. Your Profile Data will be publicly viewable by others.
Shared Content: Parts of the Services let you interact with other users or share content publicly, including by posting reviews on a course page, asking or answering questions, sending messages to students or instructors, or posting photos or other work you upload. Such shared content may be publicly viewable by others depending on where it is posted.
Course Data: When you enroll in and take courses, we collect certain data including which courses, assignments and quizzes you've started and completed; your exchanges with instructors, teaching assistants, and other students; and essays, answers to questions, and other items submitted to satisfy course requirements.
Student Payment Data: If you make purchases, we collect certain data about your purchase (such as your name and zip code) as necessary to process your order. You must provide certain payment and billing data directly to our payment processing partners, including your name, credit card information, billing address, and zip code. For security, HeatSpring does not collect or store sensitive cardholder data, such as full credit card numbers or card authentication data.
The data listed above is stored by us and associated with your account.
When you access the Services (including browsing courses), we collect certain data by automated means, including:
System Data: Technical data about your computer or device, like your IP address, device type, operating system type and version, unique device identifiers, browser, browser language, domain and other systems data, and platform types ("System Data"). Usage Data Usage statistics about your interactions with the Services, including courses accessed, time spent on pages or the Service, pages visited, features used, your search queries, click data, date and time, and other data regarding your use of the Services ("Usage Data").
Approximate Geographic Data: An approximate geographic location, including information like country, city, and geographic coordinates, calculated based on your IP address.
The data listed above is collected through the use of server log files and tracking technologies, as detailed in the "Cookies and Data Collection Tools" section below. It is stored by us and associated with your account.
We use tools like cookies, web beacons, analytics services, and advertising providers to gather the data listed above. Some of these tools offer you the ability to opt out of data collection.
HeatSpring uses the following types of cookies:
Preferences: cookies that remember data about your browser and preferred settings that affect the appearance and behavior of the Services (like your preferred language).
Security: cookies used to enable you to log in and access the Services; protect against fraudulent logins; and help detect and prevent abuse or unauthorized use of your account.
Functional: cookies that store functional settings (like the volume level you set for video playback).
Session State: cookies that track your interactions with the Services to help us improve the Services and your browsing experience, remember your login details, and enable processing of your course purchases. These are strictly necessary for the Services to work properly, so if you disable them then certain functionalities will break or be unavailable.
Some of the third-party partners who provide certain features on our site may also use Local Storage Objects (also known as flash cookies or LSOs) to collect and store data.
We use third-party browser analytics services like Google Analytics, and Hotjar on the Services. These services use Data Collection Tools to help us analyze your use of the Services, including information like the third-party website you arrive from, how often you visit, events within the Services, usage and performance data, and where the application was downloaded from. We use this data to improve the Services, better understand how the Services perform on different devices, and provide information that may be of interest to you.
We use third-party advertising services like Facebook, Google's ad services, and other ad networks and ad servers to deliver advertising about our Services on other websites and applications you use. The ads may be based on things we know about you, like your Usage Data and System Data (as detailed in Section 1), and things that these ad service providers know about you based on their tracking data. The ads can be based on your recent activity or activity over time and across other sites and services, and may be tailored to your interests.
Depending on the types of advertising services we use, they may place cookies or other tracking technologies on your computer, phone, or other device to collect data about your use of our Services, and may access those tracking technologies in order to serve these tailored advertisements to you. To help deliver tailored advertising, we may provide these service providers with a hashed, anonymized version of your email address (in a non-human-readable form) and content that you share publicly on the Services.
We use your data to do things like provide our Services, communicate with you, troubleshoot issues, secure against fraud and abuse, improve and update our Services, analyze how people use our Services, serve personalized advertising, and as required by law or necessary for safety and integrity.
We use the data we collect through your use of the Services to:
Provide and administer the Services, including to display customized content and facilitate communication with other users;
Process your requests and orders for courses, products, specific services, information, or features;
Communicate with you about your account by:
Responding to your questions and concerns;
Sending you administrative messages and information, including messages from instructors and teaching assistants, notifications about changes to our Service, and updates to our agreements;
Sending you information and in-app messages about your progress in courses, rewards programs, new services, new features, promotions, newsletters, and other available courses (which you can opt out of at any time);
Manage your account preferences;
Facilitate the Services' technical functioning, including troubleshooting and resolving issues, securing the Services, and preventing fraud and abuse;
Solicit feedback from users;
Market and administer surveys and promotions administered or sponsored by HeatSpring;
Learn more about you by linking your data with additional data through third-party data providers or analyzing the data with the help of analytics service providers;
Identify unique users across devices;
Tailor advertisements across devices;
Improve our Services and develop new products, services, and features;
Analyze trends and traffic, track purchases, and track usage data;
Advertise the Services on third-party websites and applications;
As required or permitted by law; or
As we, in our sole discretion, otherwise determine to be necessary to ensure the safety or integrity of our users, employees, third parties, the public, or our Services.
We share certain data about you with instructors, other students, companies performing services for us, our business partners, analytics and data enrichment providers, your social media providers, companies helping us run promotions and surveys, and advertising companies who help us promote our Services. We may also share your data as needed for security, legal compliance, or as part of a corporate restructuring. Lastly, we can share data in other ways if it is aggregated or de-identified or if we get your consent.
As of the last updated date, the following partners provide services allowing HeatSpring to provide its services to you: Google (analytics and advertising), Hotjar (analytics), Facebook (advertising), MailChimp (email notices), Amazon Web Services (file storage), NewRelic (analytics), Mailgun (email notices), Stripe (payment processing), SurveyMonkey (surveys) and Wistia (course and promotional videos).
With Your Instructors: We share data that we have about you with instructors or teaching assistants for courses you enroll in, so they can improve their courses for you and other students. This data may include things like your email address, phone number, city, country. If we collect additional data about you (like age or gender), we may share that too.
With Other Students and Instructors: Depending on your settings, your shared content and profile data may be publicly viewable, including to other students and instructors. If you ask a question to an instructor or teaching assistant, your information (including your name) may also be publicly viewable by other users depending on your settings.
With Service Providers, Contractors, and Agents: We share your data with third-party companies who perform services on our behalf, like payment processing, data analysis, marketing and advertising services (including retargeted advertising), email and hosting services, and customer services and support. These service providers may access your personal data and are required to use it solely as we direct, to provide our requested service.
To Administer Surveys: we may share your data as necessary to administer, market, or sponsor surveys you choose to participate in in accordance with the rules of the survey.
For Security and Legal Compliance: We may disclose your data to third parties if we (in our sole discretion) have a good faith belief that the disclosure is:
Permitted or required by law;
Requested as part of a judicial, governmental, or legal inquiry, order, or proceeding;
Reasonably necessary as part of a valid subpoena, warrant, or other legally-valid request;
Required to detect, prevent, or address fraud, abuse, misuse, potential violations of law (or rule or regulation), or security or technical issues; or
Reasonably necessary in our discretion to protect against imminent harm to the rights, property, or safety of HeatSpring, our users, employees, members of the public, or our Services.
During a Change in Control: If HeatSpring undergoes a business transaction like a merger, acquisition, corporate divestiture, or dissolution (including bankruptcy), or a sale of all or some of its assets, we may share, disclose, or transfer all of your data to the successor organization during such transition or in contemplation of a transition (including during due diligence).
After Aggregation/De-identification: we can disclose or use aggregate or de-identified data for any purpose.
We use appropriate security based on the type and sensitivity of data being stored. As with any internet-enabled system, there is always a risk of unauthorized access, so it's important to protect your password and to contact us if you suspect any unauthorized access to your account.
HeatSpring takes appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal data that we collect and store. These measures vary based on the type and sensitivity of the data. Unfortunately, however, no system can be 100% secured, so we cannot guarantee that communications between you and HeatSpring, the Services, or any information provided to us in connection with the data we collect through the Services will be free from unauthorized access by third parties. Your password is an important part of our security system, and it is your responsibility to protect it. You should not share your password with any third party, and if you believe your password or account has been compromised, you should change it immediately and contact support@HeatSpring.com with any concerns.
You have certain rights around the use of your data, including the ability to opt out of promotional emails, cookies, and collection of your data by certain analytics providers. You can update or terminate your account from within our Services, and can also contact us for individual rights requests about your personal data. Parents who believe we've unintentionally collected personal data about their underage child should contact us for help deleting that information.
You can choose not to provide certain data to us, but you may not be able to use certain features of the Services.
To stop receiving promotional communications from us, you can opt out by using the unsubscribe mechanism in the promotional communication you receive or by changing the email preferences in your account. Note that regardless of your email preference settings, we will send you transactional and relationship messages regarding the Services, including administrative confirmations, order confirmations, important updates about the Services, and notices about our policies.
The browser or device you use may allow you to control cookies and other types of local data storage. Your wireless device may also allow you to control whether location or other data is collected and shared. You can manage Adobe's LSOs through their Website Storage Settings panel.
To get information and control cookies used for tailored advertising from participating companies, see the consumer opt-out pages for the Network Advertising Initiative and Digital Advertising Alliance, or if you're located in the European Union, visit the Your Online Choices site. To opt out of Google's display advertising or customize Google Display Network ads, visit the Google Ads Settings page.
To opt out of allowing Google Analytics or Hotjar to use your data for analytics or enrichment, see the Google Analytics Opt-out Browser Add-on, and Hotjar Opt-Out Cookie.
If you have any questions about your data, our use of it, or your rights, contact us at firstname.lastname@example.org.
You can access and update your personal data that HeatSpring collects and maintains as follows:
To update data you provide directly, log into your account and update your account at any time.
To terminate your account: email us at email@example.com or via our Support Center.
To request to access, correct, or delete your personal data, email firstname.lastname@example.org or write to us at HeatSpring, LLC PO Box 4120 #65093 Portland, OR 97208. Please allow up to 30 days for a response. For your protection, we may require that the request be sent through the email address associated with your account, and we may need to verify your identity before implementing your request. Please note that we retain certain data where we have a lawful basis to do so, including for mandatory record-keeping and to complete transactions.
We recognize the privacy interests of children and encourage parents and guardians to take an active role in their children's online activities and interests. Children under 13 (or under 16 in the European Economic Area) should not use the Services. If we learn that we've collected personal data from a child under those ages, we will take reasonable steps to delete it.
Parents who believe that HeatSpring may have collected personal data from a child under those ages can submit a request that it be removed to email@example.com.
If you live in California, you have certain rights to request information. Users outside of the United States should note that we transfer data to the US and other areas outside of the European Economic Area.
If you are a California resident, you have the right to request certain details about what personal information we share with third parties for those third parties' direct marketing purposes. To submit your request, send an email to firstname.lastname@example.org with the phrase "California Shine the Light" and include your mailing address, state of residence, and email address.
Since the internet industry is still working on Do Not Track standards, solutions, and implementations, we do not currently recognize or respond to browser-initiated Do Not Track signals.
HeatSpring, LLC is headquartered in Michigan, and in order to provide the Services to you we must transfer your data to the United States and process it there. By visiting or using our Services, you consent to storage of your data on servers located in the United States. If you are using the Services from outside the United States, you consent to the transfer, storage, and processing of your data in and to the United States or other countries. Specifically, personal data collected in Switzerland and the European Economic Area ("EEA") is transferred and stored outside those areas.
That data is also processed outside of Switzerland and the EEA by our HeatSpring group companies, or our service providers, including to process transactions, facilitate payments, and provide support services as described in Section 4. We have entered into data processing agreements with our service providers that restrict and regulate their processing of your data on our behalf. By submitting your data or using our Services, you consent to this transfer, storage, and processing by HeatSpring and its processors.
When we make a material change to this policy, we'll notify users via email, in-product notice, or another mechanism required by law. Changes become effective the day they're posted. Please contact us via email or postal mail with any questions, concerns, or disputes.
Cookies are small text files stored by your browser as you browse the internet. They can be used to collect, store, and share data about your activities across websites, including on HeatSpring. Cookies also allow us to remember things about your visits to HeatSpring, like your preferred language, and to make the site easier to use.
We use both session cookies, which expire after a short time or when you close your browser, and persistent cookies, which remain stored in your browser for a set period of time. We use session cookies to identify you during a single browsing session, like when you log into HeatSpring. We use persistent cookies where we need to identify you over a longer period, like when you request that we keep you signed in.
Authentication and security
For example, cookies help authenticate your access to HeatSpring and prevent unauthorized parties from accessing your accounts.
For example, cookies help us remember your preferred language or the country you're in, so we can provide content in your preferred language without asking each time you visit.
Analytics and research
For example, cookies help us test different versions of HeatSpring to see which features or content users prefer, web beacons help us determine which email messages are opened, and cookies help us see how you interact with HeatSpring, like the links you click on.
You can opt out of some of these services through tools like the Google Analytics Opt-out Browser Add-on, and Hotjar Opt-Out Cookie.
For example, cookies help us show a personalized list of recommended courses on the homepage.
To learn more about targeting and advertising cookies and how you can opt out, visit www.allaboutcookies.org/manage-cookies/index.html, or if you're located in the European Union, visit the Your Online Choices site.
Please note that where advertising technology is integrated into the Services, you may still receive advertising on other websites and applications, but it will not be tailored to your interests.
Most browsers automatically accept cookies, but you can change your browser settings to decline cookies by consulting your browser's support articles. If you decide to decline cookies, please note that you may not be able to sign in, customize, or use some interactive features in the Services.
Flash cookies operate differently than browser cookies, so your browser's cookie-management tools may not remove them. To learn more about how to manage Flash cookies, see Adobe's article on managing flash cookies and Website Storage Settings panel.
To get information and control cookies used for tailored advertising from participating companies, see the consumer opt-out pages for the Network Advertising Initiative and Digital Advertising Alliance, or if you're located in the European Union, visit the Your Online Choices site. To opt out of Google Analytics' display advertising or customize Google Display Network ads, visit the Google Ads Settings page.
For general information about targeting cookies and how to disable them, visit www.allaboutcookies.org.