Terms of Use

Welcome to MuchLearning, a collaborative platform for testing, training, certifying, and self-publishing. MuchLearning seamlessly combines a fully web browser-based authoring system with a powerful eLearning and eAssessment framework.

1. Platform

Platform refers to the collaboration platform and websites accessible through, but not limited to, the following domain names

muchtraining.org or www.muchtraining.org, and
muchlearning.org or www.muchlearning.org, and
muchmath.org or www.muchmath.org

which are owned and operated by FASTTRACK TECHNOLOGIES INC. (“FTT”), a legal entity incorporated pursuant to the laws of the Province of Alberta, Canada.

FTT provides its services to you, subject to the following Terms of Use ("TOU"), which may be updated from time to time without notice to you.

You can review the most current version of our TOU at any time through www.muchtraining.org. FTT may offer other services from time to time, such as the MuchResearch™ that may be governed by different Terms of Use.

By accessing, browsing, interacting and using the Platform, you accept, without limitation or qualification, these TOU. If you do not wish to be bound by these TOU, you may not access or use the MuchLearning services.

By using the Platform, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of these TOU, or have the explicit permission of a parent or legal guardian who is at least eighteen (18) years of age and is also agreeable to being bound to these TOU.

FTT requests that you carefully read the Terms and Conditions of Use provided below before using the Platform. If these TOU are not acceptable to you for any reason, you must exit immediately and discontinue using the Platform.

2. Platform Service

Platform services (“Services”) include, without limitation, all features accessible on the Platform. Such features include, but are not limited to all the Platform tools for learning, instructing, assessment, self-assessment and publishing, TestMe™, Assignment Creator, eLectures, eBook, commenting, annotating, and posting to MuchLearning channels.

FTT may add additional features to the current Services, change or eliminate features, change nomenclature, and make other changes at any time which will still be subject to these TOU.

You acknowledge and agree that the Services are provided "AS IS" and that FTT assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalizations.

In order to use the Services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

You understand and agree that the Services may include advertisements and these advertisements are necessary for FTT to provide its Services. You also understand and agree that the Services may include certain communications from FTT, including service announcements and administrative messages, and that these communications are considered part of your registration, and you will not be able to opt out of receiving them.

3. Privacy Policy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use the Platform to learn, collaborate and share with others and how we collect and can use your information.

Our Privacy Policy explains the use of information collected on the Platform and its online payment service. We encourage you to read our Privacy Policy and to use it to help make informed decisions. Also, we urge all visitors to take an active role in helping us protect their privacy by becoming aware of the information usage they encounter. Please direct your questions and comments surrounding privacy via email to info[at]muchlearning[dot]org.

4. Your Content

You own all of the content you upload, create and post on the Platform (“Content”), and you can control how it is shared through the particular sharing and publishing settings (“SPP Settings”, see the section on Sharing and Publishing Settings below for more details). In addition:

You agree to only post, upload or create on the Platform content to which you own the copyright, or in which you have sufficient rights to upload or post in accordance with these TOU.
For Content that is covered by intellectual property rights, which include, but are not limited to, photos, videos, graphs, data, results, problems, solutions, notes, books, textbooks, recipes, formulas and annotations ("IP Content"), you specifically give us the following permission, subject to your SPP Settings: you grant us a perpetual royalty-free, worldwide non-exclusive right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit in whole or in part any IP Content that you create, upload or post on or in connection with the Platform ("IP Licence").
Subject to your SPP Settings, this IP Licence ends when you delete your IP Content or your account unless your content has been shared with others, and they have not deleted it. When you delete any Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed Content may persist in backup copies for a reasonable period of time (but will not be available to others).
Throughout the Platform, there are feedback, support and posting features. We appreciate constructive feedback or other suggestions about the Platform, its tools and features, but you agree and understand that we or other Platform users may use your comments and feedback without any obligation to compensate you for them.
You agree that we have the authority to delete and or edit any Content that FTT deems offensive or inappropriate with no legal recourse on your part.

5. Platform Content

You should assume that everything you see or read on the Platform is protected by copyright and other intellectual property and proprietary rights and laws. Unless otherwise noted, any content that you see or read on the Platform (“Platform Content”) may not be used except as provided in these TOU without the written permission of FTT and the copyright owner.

Except as expressly authorized by FTT in writing, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Platform Content or the Services, in whole or in part. You may not store any significant portion of any Platform Content or the Services owned by, or licensed to FTT in any form, whether archival files, computer-readable files, or any other medium. You also may not "mirror" any Platform Content or the Services on any other server.

We encourage you to use the Platform’s download features to store and print a reasonable number of copies of Platform Content for personal or non-commercial educational use only; provided that any permitted copies of Platform Content contain, in an unmodified form, any copyright or other proprietary rights notices contained in the Platform Content are attributed to the Platform. You acknowledge that you do not acquire any intellectual property rights in such Platform Content by downloading or printing the Platform Content.

6. Platform Software

All software programming, including without limitation all HTML and other code contained or accessed within the Platform or Services (collectively, "Software"), is owned by FTT and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions.

Without the prior written consent of FTT, you may not decompile, reverse engineer or disassemble the Software, remove any copyright notice or other proprietary notices from the Software transfer your access to the Platform to another person or allow any one else to copy any portion of the Software.

Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

7. Allowed Content and Software Use:

Software and Platform Content are for personal and non-commercial educational use only.

While you may interact with the Software for your personal and non-commercial educational purposes, you may not reproduce, reverse engineer, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Software in any other way or for any other purpose without the prior written consent of FTT and its Licensors.

While you may interact with or download a single copy of any portion of the Platform Content for your personal and non-commercial educational purposes, information or use, you may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Platform Content in any other way or for any other purpose without the prior written consent of FTT and the copyright owner.

Requests regarding use of the Software or Platform Content for any purpose other than personal, noncommercial use should be directed to Manager of Operations via email at info[at]muchlearning[dot]org.

Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Platform, Services, Software or Platform Content is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

8. Sharing and Publishing Settings

One of the primary reasons learners and educators use the Platform is to share content with others. Examples include:

when a student creates margin notes and wishes to share them with his or her classmates, or
when a student asks a question on a particular section of an eBook and wishes to share his or her question with the original author and the entire community with access to said eBook, or
when an instructor creates a question item and wishes to share it with his or her colleagues, or
when an instructor creates class notes using the Platform’s eNotes feature and wishes to share them with his or her class, or
when an author wishes to publish a MuchLearning eBook, eWorkbook, eLectures or other MuchLearning product offerings.

Services that publish, display, distribute, transmit or deliver your Content will have Service-specific sharing and/or publishing settings.

For example, the following are the share settings for several different types of Content.

Share Settings for Content you produce under the “Student Links” from the Navigation Panel (e.g. Assignments, eNotes, CourseWork, etc …) will be set to readable by the associated course instructor and MuchLearning support staff.
Share Settings for grade-book entries, either generated by the Platform’s grading engine or set by the associated course instructor (or an assignee such as a TA or Marker user), will be set to read-write-able by said course instructor (or assignee) and the MuchLearning support staff.
Share Settings for Content you post via the Platform’s commenting and Message Board features are set on a conversation-by-conversation level by you before posting or sending your comment or message.
Content you create using the MuchLearning Content Creator is stored as files. Share Settings for each file is set to private as default. This means only you have access to said file. You may explicitly share your file by changing the Share Setting on a file.
Content you create in the Assignment Creator is stored as Question Items and Question Banks, and the default share setting is set to private.

Authors interested in publishing a MuchLearning product (e.g. eBook, eWorkbook, eLecture, eWorkSheet, Instructor Question Bank) will need to sign a publishing agreement. For more details regarding publishing, please visit www.muchtraining.org/authors or email us at authors[at]muchlearning[dot]org.

9. Linking to Platform

If you operate a website and wish to link to the Platform, you must link to the Platform's home page unless permission otherwise has been granted in writing by FTT. FTT reserves the right to reject or terminate any links to the Platform or Platform Content.

10. Linking from Platform

Platform users may, through hypertext or other computer "links", gain access to other sites on the Internet that are not part of the Platform. FTT and/or its Licensors assume no responsibility for any material outside of the Platform that may be accessed through any such "link".

In particular, FTT and/or its Licensors is not responsible for links leading to sites outside of the Platform and/or such sites' accessibility via the Internet, and does not endorse products, services, or information provided by such sites. As such, FTT 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 or reliance on any content, goods, or services available on or through any other site.

11. Warranty Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM AND RELIANCE ON ITS CONTENT ARE AT YOUR OWN RISK. FASTTRACK TECHNOLOGIES INC., ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE AND THE CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND FASTTRACK TECHNOLOGIES INC., AND ITS RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT.

FASTTRACK TECHNOLOGIES INC. MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM ACCESSING AND USING THE CONTENT. NEITHER FASTTRACK TECHNOLOGIES INC. NOR ITS AFFILIATES SHALL BE LIABLE TO ANY USER OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE CONTENT OR FOR ANY DAMAGES RESULTING THEREFROM.

12. Limitation of Liability

FASTTRACK TECHNOLOGIES INC., ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SITE, THE SOFTWARE, CONTENT, THESE TERMS OF USE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE).

13. Indemnification by You

By using the Platform, you agree to indemnify, defend and hold harmless FTT, its employees, directors, officers, agents, subsidiaries and affiliates from and against any and all claims, damages and costs, including reasonable attorneys' fees and related expenses, arising from or related to your use of the Platform or the material provided therein and any breach by you of these TOU.

14. Termination of Service

You understand and agree that at FTT's sole discretion, and without prior notice, your access to the Platform and/or your user account along with any of your Content may be terminated, suspended or deleted, and FTT may exercise any other remedy available if FTT believes that your use of the Platform, Services, Software or Platform Content

violates
1. these TOU,
2. the rights of FTT, any Affiliate or Licensor, or another user of the Platform, or
3. any law or regulation, or are otherwise objectionable or inappropriate
or
has been inactive for three (3) years since last login, or
is intended for purposes other than learning or improving the learning process of your students (for instructor users) or dependents (for guardian users), or
constitutes fraudulent activity of any nature.

You agree that monetary damages may not provide a sufficient remedy to FTT for violations of these TOU, and you consent to injunctive or other equitable relief for such violations without the requirement that FTT post a bond. FTT is not required to provide any refund to you if you are terminated as an authorized user of the Platform because, in FTT's sole discretion; you have violated these TOU.

15. Refund Policy

If you have withdrawn from your course within 14 days of purchasing online access, please notify us immediately. We will fully refund your online purchase if we receive notification within this 14 day window.

If you have received damaged, defective, or incorrectly packaged items, we are happy to fix it. Please notify us within 14 days of purchase through our online purchasing support form.

All other purchased material will not be eligible for a refund. Please note *MuchLearning can not accept responsibility for the quality of the content (including misspelled words, grammatical errors, etc.), its formatting, design or overall appearance.

16. Miscellaneous

These TOU may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Use on this page of the Platform. Your continued use of the Platform after the posting of any amended Terms of Use shall constitute your agreement to be bound by any such changes. FTT may modify, suspend, discontinue or restrict the use of any portion of the Platform without notice or liability.

These TOU will be governed by and construed in accordance with the laws of the Province of Alberta without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Platform must be exclusively filed in the Court of Queen's Bench, Judicial District of Edmonton, located in Edmonton, Alberta, Canada, within two (2) years after the cause of action arises or the cause is barred. You hereby consent or attorn to the jurisdiction of the Court of the Queen"s Bench, Judicial District of Edmonton, and waive any objection based on forum non conveniens. As a condition of using the Platform, you agree that all causes of action arising out of or connected with the Platform shall be resolved individually, without resort to any form of class action.

If for any reason a court of competent jurisdiction finds any provision of these TOU, or portion thereof, to be unenforceable, that provision of these TOU will be enforced to the maximum extent permissible or severed from the remaining TOU so as to give affect the intent of the parties, and the remainder of these TOU will continue in full force and effect. Failure by FTT to enforce any provision of this TOU will not be deemed a waiver of future enforcement of that or any other provision of these TOU.

These TOU constitute the entire agreement between the parties regarding the subject matter hereof. Neither these TOU, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.

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