Terms and Conditions
Last updated: October 25, 2024
Please read these terms and conditions carefully before using Our Service.
Terms of Service
Welcome to Aprende, Inc., (together with MCCA Gastronómica Internacional LLC, “ Aprende ”, “ we ”, “ us ”, or “ our ”), which operates the website located at https://healthcare.aprende.com/ (the “ Website ”) and the mobile applications, online services, and any other products and services we may provide now or in the future (collectively, the “ Services ”). The following Terms of Service constitute a legal contract between you (“ you ” and “ your ”) and Aprende in connection with your use of the Website and the Services. Visitors and users of the Services are individually referred to as a “ User ” and collectively referred to as the “ Users .”
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (COLLECTIVELY, THE "TERMS").
THE TERMS REQUIRE THAT DISPUTES BE RESOLVED BY ARBITRATION RATHER THAN JURY TRIALS. YOU AGREE THAT ANY CLAIM, CAUSE OF ACTION, REMEDY OR DISPUTE BETWEEN YOU AND US, OR OUR AFFILIATES, LICENSORS OR SUPPLIERS, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND AGREE TO ARBITRATION ON AN INDIVIDUAL BASIS IN ANY DISPUTE BETWEEN YOU AND US AS SET FORTH BELOW, YOU MAY OPT OUT AS DETAILED BELOW OR NOT USE THE WEBSITE AND SERVICES.
1. Accounts.
THE WEBSITE IS NOT AVAILABLE TO (A) ANYONE UNDER THE AGE OF 18 OR (B) ANY USER PREVIOUSLY SUSPENDED OR REMOVED FROM THE WEBSITE BY APRENDE.
1.1 By clicking the “I Agree” button or otherwise using or registering an account to use the Services, you represent that you are at least 18 years of age and agree to be legally bound by the Terms. You also represent that you have not previously been suspended or removed from the Services by Aprende and that you agree to abide by and be legally bound by our community guidelines (the “ Guidelines ”).
1.2 Account. In order to use the Services, you must register for an account. When setting up and maintaining your account, you must provide and maintain accurate and complete information, including a valid email address and a valid telephone number. By providing your telephone number, you represent and warrant that you are the subscriber and normal user of that number. You are solely responsible for maintaining the confidentiality of your account and password and are also responsible for all activities that occur under your account or password. You may not allow others to use your or another person's account without their permission. We may limit the number of devices on which you may use the Service, or require 2-Step Verification for new devices.
2. Privacy Policy.
Your privacy is important and a priority for us. Please read our Privacy Policy carefully for information regarding Aprende's collection, use and disclosure of your personal information. Among other things, our Privacy Policy explains how we treat your personal information and protect your privacy when you use our Website and Services and explains the procedures by which Users can view, update, correct or delete their accounts and personal information.
3. Modification of the Terms.
By opening an account, you agree to the Terms in the form posted on our website. Aprende reserves the right, at our discretion, to change, modify, add or remove portions of the Terms at any time. Please check the Terms periodically to see any changes made after you open your account.
Your continued use of the Services following the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, Aprende will make a reasonable effort to notify you of such modified Terms, such as by email notice to the address associated with your account or by posting a notice on the Services, and such modified terms will become effective for you upon the earlier of (i) you are actually notified of such changes or (ii) thirty days after Aprende makes a reasonable attempt to provide you with such notice.
However, changes that address new features for a service or changes made to manage Aprende's liability or that are otherwise required by law will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of the Services. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in effect at the time the dispute arose.
4. Payments
4.1 Prices. Prices for courses and other educational services provided by Aprende are determined based on Aprende's list prices, promotional policies, and service or sales taxes, where applicable. In some cases, the price of a course or other products and services offered on the Aprende website may not be the same as the price offered on affiliate websites and those of business partners with specific agreements to implement sales and promotions.
4.2 Payments. You agree to pay the fees for any courses, products or services you purchase, and you authorize us to charge your debit or credit card or process other means of payment for such fees. Payment is due in advance unless we notify you otherwise. Aprende works with third-party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure. Please see our Privacy Policy for more details.
4.3 Refunds and Credits. If the course you purchased is not what you expected, you may request, within 30 days of purchasing the course, that Aprende credit/refund your account. You must communicate your request by sending an email to payments@aprende.com . Such request will only be valid when we confirm it by email and will not take effect until the 1st of the following month. Under no circumstances will you be refunded for the remaining amount for the current month or for services that have already been paid for. In the event that you wish to reactivate your studies at a later date, you may be required to pay a reactivation fee.
4.4 Recurring Subscriptions. If you select a Service with an auto-renewal feature ("Recurring Subscription"), you authorize Aprende to maintain your account information and charge your credit card or other payment method provided the subscription fees for that Recurring Subscription automatically upon each renewal of the Service you choose without any additional action required on your part.
A Recurring Subscription will automatically renew at the end of each subscription period unless you cancel that subscription by sending a request to payments@aprende.com . In the event Aprende is unable to charge your credit card or other payment method authorized by you when you signed up for a Recurring Subscription, Aprende may, in its sole discretion, bill you for the Service and suspend your access to the Service until payment is received. Aprende may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept such changes.
Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. If local law permits, you agree to the new price if you continue to use your Recurring Subscription after the price change takes effect. If you do not agree to the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change takes effect.
Payments for a Recurring Subscription are non-refundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees you have already paid to us.
5. License and limitations of use
We grant you a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you pay all required fees, solely for your personal, non-commercial educational purposes, through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular course or feature of our Services. All other uses are expressly prohibited. This license does not include the right to reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, loan, modify, adapt, edit, create derivative works from, sublicense or otherwise transfer or use any course. You may not use the Services to provide educational services to others. You may not access or use the Services or create an account for any illegal purpose. Your use of the Services and conduct on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for knowledge of and compliance with any laws and regulations that apply to you. You may not access our Services if you are located in a territory where U.S. companies are prohibited from doing business (such as Cuba, Iran, North Korea, Sudan, or Syria) or if you have been designated as a Specially Designated National, Denied Person, or Denied Entity by the U.S. government. Aprende hereby reserves all rights not expressly granted in this Agreement.
6. Its content
Our Service may provide you with the ability to post content, such as reviews, discussions, and ratings. The content you post remains yours; however, by posting content, you allow Aprende to reuse and share it, but you do not lose any ownership rights you may have in your content. When you post comments, questions, reviews, and when you send us ideas and suggestions for new features or improvements, you authorize Aprende to use and share this content with anyone, to distribute and promote it on any platform and by any means, and to make modifications or edits as it sees fit.
By submitting or posting content on or through the Platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute your content through all media or distribution methods (now existing or later developed). This includes making your content available to other companies, organizations or individuals who partner with Aprende for the syndication, broadcast, distribution or publication of content in other media.
You represent and warrant that you have all necessary rights, power and authority to authorize us to use any content that you submit to us. You also agree to all such uses of your content without any compensation being owed to you. Any feedback, comments or suggestions you may provide regarding Aprende or the Services are entirely voluntary and we may use any feedback, comments or suggestions as we see fit without any obligation to you.
By being a “ User ” you authorize Aprende , its subsidiaries and/or assignees, to use your image, including your name, voice, photographs, videos and others sent through the Practical Activities for the Featured Students section of Aprende Institute, for advertising, promotion and marketing, of Aprende products on social networks, promotional emails, website and other media. You agree that the Content can be combined with other images, text, graphics, films, audio, audiovisual works; and can be cropped, altered or modified.
You acknowledge and agree that you are not entitled to any additional consideration or accounting, and that you will make no claims for any reason against Aprende . You acknowledge and agree that this document is binding on your heirs. You agree that this release is irrevocable, worldwide, and perpetual, and shall be governed by applicable laws.
You authorize Aprende to share your username on social media. You agree that the rest of your personal information will not be made available to the public and may be retained as long as necessary, in accordance with the Privacy Policy of Aprende Institute . (Available here: https://healthcare.aprende.com/privacy-policy/ ) .
7. Term and Termination.
7.1 Term. These Terms will remain in effect while you use the Services, unless and until your account is terminated as set forth in these Terms, in which case you will no longer have the right to use the Services.
7.2 Termination by Aprende. Aprende, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account (or part thereof) you may have with Aprende or your use of the Services and delete and discard all or part of your account. Aprende may also, in its sole discretion and at any time, suspend your access to the Services, or any part thereof, with or without notice. Upon such termination, you will be entitled to a refund of any unused fees for future Services not yet provided. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. If we ban your account or disable your access to a course or the Services due to your violation of these Terms, you will not be eligible to receive any credit or refund.
7.3 Termination by You. You may terminate these Terms at any time (only prospectively) by deleting your login account with the Services and discontinuing use of any and all portions of the Services. Termination of these Terms will not entitle you to a refund, subject to Section 4.3 above.
8. Representations and Warranties.
You warrant, represent and agree that you will not provide any User Content or otherwise use the Services in a manner that (i) infringes, violates or misappropriates the intellectual property rights, rights of publicity or privacy or other rights of another person; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or that results in Aprende violating any applicable laws or regulations, including, without limitation, applicable Privacy Law (collectively, “ Applicable Law ”); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous or otherwise objectionable; or (iv) jeopardizes the security of your account or the Services in any way, such as allowing another person to access your account or password or submitting User Content that contains viruses.
8.1 No Warranties. THE SERVICES, INCLUDING THE WEBSITE AND ALL CONTENT OR APPLICATIONS ARE PROVIDED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APRENDE HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED. APRENDE DOES NOT WARRANT THAT THE WEBSITE OR ANY DATA, CONTENT OR ANY INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
8.2 No Official Diploma or License. THE CERTIFICATE WE AWARD YOU WHEN YOU SUCCESSFULLY COMPLETE ONE OF OUR COURSES IS A PHYSICAL OR DIGITAL DOCUMENT CREATED BY APRENDE THAT IS FOR YOUR PERSONAL USE. THIS CERTIFICATE IS NOT INTENDED TO REPLACE, OR QUALIFY AS, AN OFFICIAL DIPLOMA OR LICENSE FROM ANY PROFESSIONAL ORGANIZATION, STATE OR FEDERAL AGENCY, OR ANY ENTITY THAT GRANTS FEDERAL OR STATE LICENSES. YOU SHOULD NOT HOLD OR PRESENT OUR CERTIFICATE TO ANY THIRD PARTY AS AN OFFICIAL DIPLOMA OR LICENSE, OR AS A PROFESSIONALLY ENDORSED DOCUMENT.
9. Limitation of liability and damages.
THERE ARE SOME RISKS INHERENT IN PRACTICING AND IMPLEMENTING THE SKILLS YOU LEARN THROUGH OUR SERVICES. YOU FULLY ACCEPT THESE RISKS AND AGREE THAT YOU WILL HAVE NO REMEDIES TO SEEK DAMAGES AGAINST APRENDE EVEN IF YOU INCUR LOSSES OR DAMAGES BY IMPLEMENTING THE KNOWLEDGE OR SKILLS YOU LEARNED USING OUR SERVICES. TO THE EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL LIABILITY, ON BEHALF OF OURSELVES OR OUR LICENSORS OR SUPPLIERS, FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), WHETHER IN CONTRACT, WARRANTY, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU HEREUNDER IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIMS FOR THE COURSE OF DEALING. APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT APRENDE HAS OFFERED AND SET PRICES FOR THE SERVICES IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND APRENDE, AND THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND APRENDE.
10. Individual Arbitration of Claims and Disputes.
10.1 Claims and Disputes Subject to Arbitration. In the event that a dispute between you and Aprende cannot be amicably resolved by contacting our support team at support@aprende.com , any claim, cause of action, remedy, or dispute between you and us, or our affiliates, licensors, or suppliers, will be resolved by binding, individual arbitration as set forth herein, and not through litigation in any court, including, but not limited to, claims or disputes arising out of or relating to the Terms or any related services or agreements, any prior agreements between you and us, any marketing or advertising by Aprende, use of our Website, or your request for, or approval or denial by you of, the Services. Claims or disputes are subject to arbitration regardless of the theory upon which they are based or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they have arisen in the past, may currently exist, or may arise in the future. In this section, all claims or disputes will be referred to as “Claims.” The only exception to binding individual arbitration of Claims is that you or we each have the right to bring a Claim in small claims court instead of arbitration, if the Claim is within that court’s jurisdiction and proceeds on an individual basis.
10.2 Law Governing Arbitration, Right to Opt Out, and Waiver of Certain Rights. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA"). YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT AS SET FORTH BELOW. UNLESS YOU OPT OUT OF ARBITRATION, YOU AND WE EACH WAIVE THE RIGHT TO HAVE OUR DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE BE DECIDED BY A COURT OR GOVERNMENTAL TRIBUNAL, AND YOU AND WE ALSO WAIVE ANY ABILITY TO ASSERT OR PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, OR CONSOLIDATED PROCEEDING, WHETHER IN COURT OR ARBITRATION. ALL DISPUTES, EXCEPT AS SET FORTH BELOW, MUST BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION WHEN REQUESTED BY EITHER YOU OR WE.
10.3 Arbitral Forum and Rules Governing Arbitration. You and we agree to binding, individual arbitration before a single arbitrator who is an attorney, knowledgeable and experienced in consumer-related services matters, and who speaks English and Spanish, appointed by Judicial Arbitration and Mediation Services ("JAMS") at the request of either party to these Terms and in accordance with the JAMS Streamlined Arbitration Rules and Procedures. Such arbitrator will conduct the arbitration in accordance with the rules and procedures of JAMS, including the JAMS Consumer Arbitration Minimum Standards. You have the right to elect to have the arbitration conducted in person in your city of residence; otherwise, the arbitration will be conducted in Miami-Dade County, Florida, unless otherwise required by the JAMS Rules or other applicable law. The decision and award of the arbitrator shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any obligation to arbitrate under the Terms shall survive termination of the Terms for any reason. For purposes of enforcement of any award, the parties irrevocably consent to the jurisdiction and venue of the state or federal courts in and for Miami-Dade County, Florida. If you opt out of this arbitration agreement, or the arbitration agreement is declared void, invalid or of no effect, you and we agree that any Claim shall be brought only in the state or federal courts in and for Miami-Dade County, Florida, and in such case, each of You and Aprende hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating such Claims. Notwithstanding this, Aprende may still seek injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
10.4 Arbitration Fees and Costs and Attorney's Fees. With respect to the cost of arbitration, when initiating an arbitration against us, the only fee you will be required to pay is $250, or such other amount as JAMS may determine from time to time that is approximately equivalent to current court fees. We will pay JAMS's remaining case management fees and fees for the services of the arbitrator. When we are the complaining party initiating an arbitration against you, we will pay all costs associated with the arbitration. Each party will bear the expense of its own attorney's fees, unless otherwise provided by law. If a statute gives you the right to recover any such fees, these statutory rights will apply in the arbitration notwithstanding anything to the contrary herein.
10.5 Ability to Opt Out of Arbitration Agreement. You have the right to opt out of this arbitration agreement by notifying us within thirty (30) days of your first opportunity to review the Terms. Requests to opt out of this agreement made after thirty (30) days of your first opportunity to review the Terms will not be valid. If you wish to opt out, please send us a letter to the address listed in the Notices Section (Section 11.1) below. Otherwise, this arbitration agreement will apply without limitation. If you validly opt out of this arbitration agreement, your decision to opt out will apply only to this arbitration agreement and not to any other arbitration agreement between you and us.
10.6 Survival, Conflict, and Severability. This agreement to arbitrate shall survive termination of the Terms or any other agreement between you and us, as well as in the event of bankruptcy by you. In the event of any conflict or inconsistency between this agreement to arbitrate, on the one hand, and the JAMS Rules or the Terms, on the other hand, this agreement to arbitrate shall govern. If any part of this agreement to arbitrate is found to be invalid or unenforceable, that specific part shall be severed and the remainder of this agreement to arbitrate shall continue in full force and effect, except that if the part of this agreement to arbitrate in which the parties waive any ability to assert or participate in a class, mass, representative, or consolidated proceeding, whether in court or in arbitration, is found to be invalid or unenforceable, then this entire agreement to arbitrate shall be declared null and void, invalid, and of no effect.
11. Miscellaneous provisions
11.1 Notices. Aprende may provide you with notices, including those regarding changes to the Terms, by email, postings on the Services, or other reasonable means. Notices will be deemed given twenty-four hours after the email is sent, unless Aprende is notified that the email address is invalid. Any notices to Aprende must be sent by first class U.S. mail to Aprende at the following address: 1000 N. West Street, Suite 1200, Wilmington, DE, 19801 and by email to corporate@aprende.com
11.2 Waiver. Aprende's failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Aprende.
11.3 Applicable Law. The Terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws that would cause the application of the laws of any other jurisdiction.
11.4 Severability. If any provision of the Terms is found to be unlawful, void or for any reason unenforceable, that provision will be limited or eliminated from the Terms to the minimum extent required and this will not affect the validity and enforceability of any remaining provisions.
11.5 Assignment. The Terms and the rights and licenses granted hereunder may not be transferred or assigned by you without Aprende's prior written consent, but may be assigned by Aprende without your consent or restriction. Any attempted assignment in violation of the Terms will be null and void.
11.6 Survival. Upon termination of the Terms, any provision which by its nature or express terms should survive such termination or expiration shall survive such termination or expiration.
11.7 Headings. References to headings herein are for convenience only, do not constitute a part of the Terms and shall not be deemed to limit or affect any of the provisions hereof.
11.8 Entire Agreement. The Terms constitute the entire agreement between you and Aprende relating to the subject matter hereof and shall not be modified except in writing, signed by both parties, or by a change to the Terms made by Aprende as set forth in Section 3 above.
11.9 Contact Us. If you have any questions, concerns, or comments, please contact us at corporate@aprende.com