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Terms of Service

By using Percolate LMS through the PercolateLMS.com web site (collectively “Percolate”) or any other services of Michaels & Associates Docntrain, Ltd (“Michaels & Associates”), you agree to be bound by the following terms and conditions (“Terms of Service”).

Account Terms

  1. You must be 13 years or older to use Percolate.
  2. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  4. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
  5. You are responsible for maintaining the security of your account and password. Michaels & Associates cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
  7. One person or legal entity may not maintain more than one free trial account.
  8. You may not use Percolate for any illegal or unauthorized purpose and you must not, in the use of Percolate violate any laws in your jurisdiction (including but not limited to copyright laws).
  9. All plans are defined by the number of users in an account. It is your responsibility to determine the number of users on your account.
  10. You are not restricted from adding new users to your account when you need to. If you exceed the number of users included in the Basic Plan, you will be charged the Premium Plan pricing at the start of the next billing period. If you exceed 5010 users, a Percolate LMS Support Team member will contact you to discuss a custom pricing plan for your account. It is your responsibility to contact Michaels & Associates if you would like to change your payment plan.
  11. Each subscription plan Percolate offers has a defined storage limit. If you exceed the storage limit or your account transfers data at a greater rate than anticipated, a Percolate LMS Support Team member will contact you to discuss a custom pricing plan for your account.

Payment, Refunds, Upgrading and Downgrading Terms

  1. You are not required to provide a credit card number to start your 14-day free trial account; however, a valid credit card is required for paying accounts.
  2. At any time during the first 14 days you can upgrade to a paid plan. If you attempt to login to Percolate after the trial period has expired, you will be prompted to upgrade to a paid plan in order to proceed.
  3. An upgrade from the free trial account to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading.
  4. We bill for your use of Percolate in advance on a monthly basis and each payment is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities and you are responsible for paying any taxes, levies, or duties arising from your use of Percolate.
  6. For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
  7. Downgrading your Service may cause the loss of content, features, or capacity of your account. Michaels & Associates does not accept any liability for these losses.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account will be considered cancellation.
  2. All of your content will be immediately deleted from Percolate upon cancellation. This information cannot be recovered once your account is cancelled.
  3. If you cancel Percolate before the end of your current paid-up month, your cancellation will take effect immediately and you will not be charged again.
  4. Michaels & Associates, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of Percolate or any other Michaels & Associates service, for any reason at any time. Termination of your right to use Percolate will result in the deactivation or deletion of your account or denial of access to your account and the forfeiture and relinquishment of all content in your account. Michaels & Associates reserves the right to refuse service to anyone for any reason at any time.

Modifications to Percolate and Prices

  1. Michaels & Associates reserves the right at any time and from time to time to modify or discontinue Percolate, temporarily or permanently, in whole or in part, with or without notice.
  2. Prices for using Percolate , including but not limited to monthly subscription plan fees, are subject to change upon 30-day notice from us which we may give at any time by posting the changes to percolatelms.com.
  3. Michaels & Associates will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of Percolate.

Intellectual Property and Content Ownership

  1. All content posted on the Percolate must comply with U.S. copyright law. Please review our copyright compliance policy.
  2. We claim no intellectual property rights over the material you provide to Percolate. Your profile and uploaded materials remain yours. However, by assigning collections of content to users in your account (the “authorized users”), you agree to allow the authorized users to access and view your content.
  3. Michaels & Associates does not pre-screen content, but Michaels & Associates and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via Percolate.
  4. The look and feel of Percolate is proprietary to Michaels & Associates, LLC, copyright©1998-Now. All rights reserved. Further, services and/or products provided by Percolate, including, but not limited to, the names “Percolate” and “Percolate LMS” are protected by either trademarks or registered trademarks of Michaels & Associates. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts, trademarks, patents, or trade secret information without the express, written permission from Michaels & Associates, and nothing contained herein shall be construed as granting of an express or implied right in the same. Those using the open source GPL (General Public License) version of Percolate must comply with this license's terms.

General Conditions

  1. Your use of the Percolate is at your sole risk. We provide Percolate on an “as is” and “as available” basis.
  2. You understand that Michaels & Associates uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run Percolate.
  3. In the event of a service outage Michaels & Associates will not and cannot be held liable for data loss but will act promptly to notify the hosting partners in an effort to restore customer server access.
  4. Michaels & Associates is committed to providing an excellent level of issue support. We aim to acknowledge all LMS troubleshooting support requests as soon as possible and will attempt to resolve critical issues within 24 hours. Issue support is available 9am-5pm, Mon-Fri Arizona time (GMT – 07:00) by email and phone.
  5. Although Percolate is designed for ease of use, Michaels & Associates provides two hours of additional support for those who may need assistance with setup and implementation. Further, learning management system setup support is available for an additional cost. Contact us for pricing.
  6. You must not modify, adapt or hack Percolate or modify another website so as to falsely imply that it is associated Michaels & Associates,  Percolate, or any other service of Michaels & Associates.
  7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Percolate, use of Percolate or access to Percolate without the express written permission of  Michaels & Associates.
  8. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  9. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Michaels & Associates customer, employee, member, or officer will result in immediate termination of your account.
  10. You understand that the technical processing and transmission of Percolate, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  11. You must not upload, post, host, or transmit unsolicited email, SMS communications, or “spam” messages.
  12. You must not transmit any worms or viruses or any code of a destructive nature.
  13. If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Michaels & Associates) of other Percolate customers, we will contact you to discuss a custom pricing plan for your account. If custom pricing is not agreed upon, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  14. Michaels & Associates does not warrant that (i) Percolate will meet your specific requirements, (ii) Percolate will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Percolate will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Percolate will meet your expectations, and (v) any errors in Percolate will be corrected.
  15. You expressly understand and agree that Michaels & Associates will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Michaels & Associates has been advised of the possibility of these damages), resulting from: (i) the use or the inability to use Percolate; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from Percolate; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on Percolate; (v) or any other matter relating to Percolate.
  16. The failure of Michaels & Associates to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of the right or provision. The Terms of Service constitute the entire agreement between you and Michaels & Associates and govern your use of Percolate,  superceding any prior agreements between you and Michaels & Associates (including, but not limited to, any prior versions of the Terms of Service).
  17. Questions about the Terms of Service should be sent to support at PercolateLMS dot com.

Changes to the  Terms of Service

Michaels & Associates reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance Percolate, including the release of new tools and resources, will be subject to the Terms of Service and your continued use of Percolate after these changes will constitute your consent to them. You can review the most current version of the Terms of Service at any time here.

Risks from Uploaded Files

Although Michaels & Associates prohibits the uploading, posting, hosting or transmittal (collectively the “Upload”) of illegal, abusive, destructive or inappropriate content on Percolate (collectively “Prohibited Content”), Michaels and Associates does not and will not actively police the Upload of Prohibited Content.  You acknowledge and agree that: (1) Michaels & Associates will not be responsible for any Prohibited Content to which you may be exposed by your use of Percolate; and (2) your use of Percolate may expose you to the risks which an unauthorized Upload of Prohibited Content may present.

Termination

If you violate any of the Terms of Service we will terminate your account.

Limitation of Liability

Notwithstanding anything to the contrary in this agreement, Michaels & Associates’ maximum aggregate liability to you related to or in connection with this agreement will be limited to the total amount paid by you in the preceding three month period to Michaels & Associates for your use of Percolate.