Terms of Use

1. Acceptance of the Terms

Welcome to Audacious Learner LLC or Audacious Learner (aka “we,” “us,” or “the Company”).

The following terms and conditions (collectively, these "Terms of Use") apply to your use of www.audaciouslearner.com, including any content, functionality and services offered on or via www.audaciouslearner.com (the "Website"). The Terms of Service also include our Privacy Policy below.

Please read the Terms of Use carefully before you start using the website, because by using the Website you accept and agree to be bound and abide by these Terms of Use. Should you disagree with some of the provisions herein, you can either leave the Website or contact us.

Audacious Learner is committed to supporting other audacious learners who are working to change themselves and their world for the better. Access to the free resources in the Resource Library are provided for this reason.

2. Changes to the Terms of Use and the Website

We reserve the right to update the Website and these Terms of Use from time to time, at our discretion and without notice. Your continued use of the Website following the publishing of updated Terms of Use means that you accept and agree to the changes.

3. Accessing the Website, Security and Privacy

We can't guarantee that the Website will be up and running at all times. We reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss.

To access certain features of the Website you have to submit your name and email to receive a password. Your password is for your sole, personal use. You may not publish and share the password. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of the password and will be solely liable for any use or unauthorized use under such password. Audacious Learner reserves the right to terminate your access if you do not adhere to the requirements as outlined above.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Use.

We use SSL encrypted browsing for all logged-in users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Website or any content provided on the Website is error free.

We take protection of your personal information seriously, and we manage your personal data according to our Privacy Policy, found below.

4. Conditions of Use

Except as expressly provided to the contrary, Audacious Learner invites noncommercial use of its publications, resources, presentations, learning tools, and professional development tools. You are free to download materials and use them with others as long as they are not altered in any way, and as long as Audacious Learner and, if applicable, an author, is given proper attribution. When referring to Audacious Learner websites in this document, all Audacious Learner web properties (audaciouslearner.com and any other web properties belonging to Audacious Learner) are included.

If you’re interested in uses not outlined above, commercial or other, you must obtain written permission, and in certain instances, you will also be required to pay a fee. For more information on how to attain materials for commercial or other uses that are not explicitly included in the noncommercial terms of use as listed above, please contact us.

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store, analyze or distribute content available on Audacious Learner websites. Further, you may not use any such automated means to manipulate Audacious Learner websites or attempt to exceed the limited authorization and access granted to you under this Terms of Use. You may not resell use of, or access to, Audacious Learner websites to any third party.

5. User Content

Audacious Learner may permit you to upload content to use in connection with features available on certain Audacious Learner websites.

By submitting photos, videos, comments, student work, and other digital content to Audacious Learner via Audacious Learner properties or any other social media or digital platform, you grant Audacious Learner a non-exclusive, transferable, royalty-free, worldwide license to use any content that you post on Audacious Learner web properties and media platforms, or in connection with Audacious Learner.

You hereby grant Audaciuous Learner a perpetual, irrevocable, royalty-free license to use, display, catalog, modify, edit, adapt, compile or otherwise exploit any content posted or transmitted by you, to or through any Audacious Learner websites.

Audacious Learner is under no obligation to screen or monitor content added to Audacious Learner websites, but may review content from time to time at its sole discretion to review compliance with these Terms of Use. Audacious learner may include, edit or remove any content posted to Audacious Learner websites at any time without notice.

You are solely responsible for your user content and the consequences of posting and publishing them. By uploading and publishing your user content, notwithstanding anything to the contrary in the terms of the license under which you shared any user content with Audacious Learner, you affirm, represent, and warrant that:

(a) you are the creator and owner of, or have the necessary licenses, rights, consents, releases and permissions to use and to authorize EL and our users to use your user content as necessary to exercise the licenses granted by you in this section and in the manner contemplated by Audacious Learner and this Terms of Use;

(b) your user content does not and will not: (1) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (2) slander, defame, or libel any other person; and

(d) Your user content is free of any digital rights management protections or functionality, including any software designed to limit the number of times User Content may be copied or played.

6. Individual Features and Services

When using Audacious Learner websites, you will be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted from time to time.

7. Law and Copyright Infringement

We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

If you believe that any User Content violates your copyright, please follow the procedure set forth by article 512(c) of the DMCA and provide us a written takedown notice including the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient for us to contact you, such as email, address, telephone number.
A statement that you a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to Audacious Learner’s designated agent at audaciouslearner@gmail.com.

It is Audacious Learner’s policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

8. Disclaimers of Warranty, Limitations of Liability and Indemnification

Your use of the Website is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.

9. Severability and Waiver

Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitute the entire agreement between you and Audacious Learner and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Use). If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

10. International Access

Audacious Learner websites are provided from the United States and all servers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of the Audacious Learner websites. Audacious Learner makes no representations regarding the legality of the Audacious Learner websites in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the United States.

11. Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin.

Privacy Policy

At Audacious Learner, we collect and manage user data according to the following Privacy Policy. One of our top priorities is making sure that the information we have about you is protected and secure. We value our relationship with you and are absolutely committed to preserving your privacy.

This document is part of Audacious Learner's Terms of Service, and by using audaciouslearner.com, (individually or collectively the “Website”), you agree to the terms of this Privacy Policy and the Terms of Service. Please read the Terms of Service in their entirety, and refer to those for definitions and contacts.

Minors and children should not use the Website. By using the Website, you represent that you have the legal capacity to enter into a binding agreement.

Audacious Learner and all of the websites referred to above, are operated from the United States. If you are visiting the Website from outside the United States, you agree to any processing of any personal information you provide us according to this policy.

1. Information we collect

We collect anonymous data from every visitor of the Website to monitor traffic and fix bugs.

We collect personal information of visitors who submit their information via the forms on all of our websites. In order to enable these or any other login based features, social sharing functionality, Google Analytics and other site feedback, we use cookies to store session information for your convenience. You can block or delete cookies and still be able to use our websites. Audacious Learner uses cookies in the following ways:

For logging in a user and maintaining the session
For allowing the site to determine whether the user's browser is JavaScript capable
For Google Analytics
For social sharing functionality
For providing site feedback

Email: We maintain an internal email list of all persons who have requested information, requested services, registered to use membership content, made an online payment, or made an online donation. We may use this list to send occasional updates and announcements about Audacious Learner’s programs and resources, or emails of a marketing or soliciting nature. If you do not wish to receive email you may opt out at any time. We process requests to opt out of email communication via email, the link to our email preferences, or SafeUnsubscribe at the bottom of any marketing email. Email requests may be sent to audaciouslearner@gmail.com; these are processed within three business days. Please note that transactional emails may still be sent to you on an as-needed basis.

Post: Persons who submit their postal address with the goal of receiving further information or making a donation may periodically receive postal mail from us. If you do not wish to receive mail, please let us know by sending a request to audaciouslearner@gmail.com Please provide us with your exact name and address and we will be sure your name is removed from our postal mailing list.

Phone: Persons who supply us with their telephone numbers will receive telephone contact from us responding to a request for more information or a transaction, and may also receive unsolicited marketing calls.

2. How we use the data and information

Once your personal information is collected, Audacious learner may use the information in order to provide you the Website services or to communicate with you about the services or the Website as well as to communicate information and updates regarding events, useful resources, opportunities, etc via email.

We protect the information you provide by maintaining appropriate security measures in our physical facilities to protect against the misuse of information we have collected from you. All financial information is kept in locked files or electronic files that are password protected. For additional information regarding how Audacious Learner protects information collected when a purchase, donation, or gift is made, please visit this third-party site: https://stripe.com/privacy.

3. How we share data and information

We do not share personal information you have provided to us without your consent, unless:

Doing so is appropriate to carry out your own request;
We believe it is needed to enforce our Terms of Service, or that it is legally required;
We believe it is needed to detect, prevent or address fraud, security or technical issues;
Doing so otherwise protects our property, legal rights or that of others.

The email list we maintain is for internal use only and will not be sold, rented, or exchanged with any other company. No other company will use our email list for their communications.

Post: The postal mailing list we maintain is for internal use only and will not be sold, rented, or exchanged with any other company. No other company will use our postal mailing list for their communications. We would otherwise only share email or postal addresses as required by law.

We do not share any personal information about our prospective partners, schools, teachers, donors, former partners, etc. with anyone external to Audacious Learner without their knowledge and/or permission other than the disclosures listed below, unless required by law.

While we do not share your personal information with third parties, aggregated, anonymized data is periodically transmitted to external services to help us improve the Website and service. We currently use Google Analytics for traffic analysis and SEO optimization.

We also use social buttons provided by services like LinkedIn, Pinterest, Vimeo, YouTube, Instagram, and Facebook. Your use of these third party services is entirely optional. We are not responsible for the privacy policies and/or practices of these third party services, and you are responsible for reading and understanding those third party services’ privacy policies.

We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share personal information with our Agents in order to provide products and services to you. Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.

We may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your personal information as set forth in this policy.

4. Access to your information

If you would like to know exactly what personal information Audacious Learner has collected about you, we will be happy to share it with you. This includes transaction information (e.g., dates on which you made payments, amounts and types of payments), communications you have directed to our staff (e.g., e-mails, customer inquiries), and contact information (e.g., name, address, phone number). Please email audaciouslearner@gmail.com with a request to review this information.

5. Recourse

If you feel that this site is not following its stated information policy, you may contact us at the above addresses or phone number, or you may contact the DMA's Committee on Ethical Business Practices at ethics@the-dma.org, or state and local chapters of the Better Business Bureau, state and local consumer protection office, or The Federal Trade Commission by phone at 202-FTC-HELP (202.382.4357) or electronically at: https://www.ftc.gov/media/71268 (link valid as of May 2023).

6. Changes to the privacy policy

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make major changes in the way we collect or use information, we will notify you by posting an announcement on the Website or sending you an email. A user is bound by any changes to the Privacy Policy when he or she uses the Website after such changes have been first posted.