Last updated February 2024
Welcome to the Snow Academy website, an online service operated by Snow Media, Inc. (referred to as "Snow," "we," or "us"). This Terms of Use explains the terms by which you may access or use our services, website, applications, technology, software and any other components (collectively, the "Service"). This Terms of Use applies to all visitors, users, members, customers and others who access or use the Service ("Users") and by accessing or using the Service, you hereby agree to be bound by this Terms of Use and to the collection and use of your information as set forth in the Snow Privacy Policy.
This Terms of Use incorporates the Privacy Policy, and any other agreements or documents that may be posted or provided on or with or made part of the Service from time to time, including all future amendments and modifications (collectively, the "Agreements"). If you are an enterprise customer and have agreed to and signed up for the enterprise edition offering ("Enterprise Edition") under a separate agreement with Snow, that agreement will be deemed part of and incorporated into the Agreements.
Please make sure you review the Agreements as a whole, and any updates from time to time. It is your responsibility to be sure that the Agreements are acceptable for you, particularly the terms and conditions relating to the posting and use of User Content.
Snow provides a web-based learning environment for the consumption of Snow's and our partners' web-based education content.
If you become a Member, you and anyone in your Member Group may share your information to the Service, which then will be displayed and accessible to other Members. Do not upload, publish, display, share, submit, link to, post or otherwise make available ("Post") information to the Service which you do not want to be public. It is entirely your responsibility to advise and manage your Member Group in the Posting of information.
You may use the Service only if you can form a binding contract with Snow, and only in compliance with the Agreements and all applicable local, state, national, and international laws, rules, and regulations. You must be 18 years old or older to use or access the Service.
The Service and any features and functionality may change, be canceled or modified at any time, in our sole discretion.
In order to use or access the Service, you will need to register and create an account ("Member Account"). A Member Account gives you access to any Service purchased by you or your Member Group. If you open a Member Account on behalf of a company, organization or entity, you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity and the Member Group to the Agreements. By connecting to Snow with a third-party service, you give us permission to access and use your information from that service as permitted by that service.
You may never use another Member's account without permission. When creating your Member Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on and with your Member Account, must keep all passwords secure, and must notify Snow immediately of any breach of security or unauthorized use.
By providing Snow your email address and other contact information, you consent to our using it to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also send you other messages, including changes to features and special offers. You may opt out by changing the preferences in your Notifications Settings.
You can use the Service (in accordance with the Agreements) as long as you don't: copy, distribute, or disclose any part of the Service; alter or modify any part of the Service beyond its intended use; use automated systems such as robots or spiders; collect or harvest personally identifiable information; use the Service as a destination for unsolicited bulk messages; interfere with or compromise system integrity or security; impose an unreasonable load on our infrastructure; upload viruses, worms or other harmful agents; impersonate another person; interfere with the proper working of the Service; bypass access restrictions; or violate any terms of the Agreements.
Snow may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service, without notice or liability, at any time, particularly if you violate any of the Agreements, including the Prohibited Activities above.
You may be eligible to purchase the right to access or use a Snow Service via Snow's "Online Purchasing" feature, which includes the ability to enter into agreements and make transactions electronically via snow.academy. Any Snow Service you use or purchase may include additional terms and payment.
When you purchase a right to use or access a Service, the Service will be available for digital delivery shortly after payment has been received and processed, or after an advertised start date if applicable.
Snow uses a third-party service provider to manage credit card processing; your credit card information is transmitted directly to the third-party service. Your full credit card number is never transmitted to or viewed by anyone at Snow. The company name on your receipt will appear as "Snow Learning LLC." You will receive an email receipt following each credit card charge. If you fail to pay a fee when due, Snow may immediately suspend or terminate the Service.
By purchasing a Service, you acknowledge that the Service may only be accessed through the Snow web-based learning environment and any other platforms Snow specifically authorizes.
If Snow provides a Service without charge, Snow has the right at any time to start charging a fee for the Service, provided Snow notifies you of such fee before you incur it.
All sales transacted through snow.academy are final and non-refundable. However, if you are unable to access a Service within a reasonable time after payment and notify us within ten (10) days, and the problems are caused by Snow's systems, we will make commercially reasonable efforts to troubleshoot. If we cannot remedy the problem in a reasonable time, at our sole discretion we may provide a refund. Please contact us at director@snow.academy as soon as you reasonably are able.
If you cancel your Membership Account before your first Service program is initiated, you will receive a full refund. If you cancel after initiating the first Service program, you will not receive any refund.
For Group Member purchases, the Member Group may transfer the right from one Member to another upon notice to Snow. Management of passwords and access between Members is solely the Group Member's responsibility, and the Group Member will be held liable for any unauthorized access.
Subject to payment of all applicable fees and compliance with the Agreements, you are granted a non-exclusive, non-transferable, limited, fully revocable license to use or access the Service. We reserve the right to refuse Service to any person or to cancel any order at our sole discretion, and to change Service options, features and pricing without prior notice.
The Service is interactive and allows Members to Post information, including comments, experiences, questions, data, and feedback ("User Content"). User Content will be accessible to other Members, who may further reference or post your User Content elsewhere. Do not post any information you are not comfortable being viewed by the public. Snow cannot and does not actively review User Content, and you are fully liable and responsible for all matters relating to any User Content. As part of using the Service, you grant Snow and all other Members a right to Post any and all User Content for their own purposes. You may withdraw your User Content at any time, though others may have already posted it elsewhere. You are solely responsible for your interactions with other Users and Members. Using User Content for marketing, advertising or solicitations is strictly prohibited.
If you use or access a Service, you must have compatible and up-to-date devices, Internet access, and required software, hardware, technology, and communications equipment ("Infrastructure"). The Snow web-based learning environment requires a high-speed Internet connection and a compatible Internet browser. It is your responsibility to obtain and configure all Infrastructure and pay all associated costs.
Except for User Content, the Service and the technology, processes, methodologies, materials, designs, formats, documentation, programs, presentations, software, images, text, graphics, illustrations, logos, photographs, audio, videos, and music—including all related Intellectual Property Rights (the "Snow Property")—are the exclusive property of Snow and its licensors. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display or perform, publish, adapt, edit, or create derivative works from any Snow Property. If you submit any comments, ideas or feedback ("Ideas") about the Service, you agree that your disclosure is gratuitous, unsolicited and without restriction, and that Snow is free to use the Ideas without any additional compensation to you.
We reserve the right to amend the Agreement at any time and without notice. If we do, we will post the amended Agreement and indicate the date it was last revised. Your continued use of any Service after such changes constitutes your acceptance of the new Agreement.
Privacy is important, and we encourage you to review the Privacy Policy to ensure you understand and accept how we gather and use information relating to the Service and you.
We have implemented commercially reasonable technical and organizational measures designed to secure personal information from accidental loss and unauthorized access, use, alteration or disclosure. However, we cannot guarantee that those measures will never be defeated. Using this Service is optional, and any information you provide is provided at your own risk.
You agree to defend, indemnify and hold harmless Snow and its subsidiaries, agents, managers, affiliated companies, and their employees, contractors, agents, officers and directors, from any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney's fees) arising from your use of the Service, your violation of any term of the Agreements, your violation of any third-party right, your violation of any law, or any of your User Content.
The Service is optional and there is no requirement to use it. If you do use or access the website and/or any Service, be aware that the Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. The Service is provided without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
To the maximum extent permitted by applicable law, in no event shall Snow, its affiliates, directors, employees or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including loss of profits, goodwill, use, data or other intangible losses, resulting from the use of, or inability to use, this Service. In no event shall Snow's liability to you exceed the amount you paid to Snow. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis.
The Agreements, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Snow without restriction.
You agree that the Service shall be deemed solely based in the State of New York. The Agreements shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute that arises from the Service shall be decided exclusively by a court of competent jurisdiction located in the State of New York.
Snow may provide notifications via email, written or hard copy notice, or through conspicuous posting on our website, as determined by Snow in our sole discretion.
This Terms of Use, together with any other legal notices and agreements published by Snow, constitutes the entire agreement between you and Snow concerning the Service. If any provision is deemed invalid, the remaining provisions shall remain in full force and effect.
No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and Snow's failure to assert any right or provision shall not constitute a waiver.
It is Snow's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe your copyrighted work has been copied in a way that constitutes infringement and is accessible via the Service, please notify Snow's copyright agent with: an electronic or physical signature of a person authorized to act on behalf of the copyright owner; identification of the copyrighted work; identification of the allegedly infringing material and its location; your address, telephone number, and email address; a statement of good-faith belief that the use is not authorized; and a statement, under penalty of perjury, that the information is accurate and that you are authorized to act.
Submit the above to the DMCA Agent: Attn: DMCA Notice, Snow Media, Inc., 111 E 14th St #507, New York, NY 10003, United States. Email: director@snow.academy. In accordance with the DMCA, Snow has adopted a policy of terminating, in appropriate circumstances, Users who are deemed repeat infringers.
Please contact us at director@snow.academy with any questions regarding the Agreements.