AX INSTITUTE WEBSITE TERMS OF USE
These Website Terms of Use (“Terms of Use”, “Terms”, or “Agreement”) govern access to and use of the AX Institute website located at www.axinstitute.online together with all related websites, applications, learning management systems, subscription systems, certification systems, specialization systems, enterprise learning environments, digital educational services, communication systems, software interfaces, community environments, online platforms, and related technological or educational infrastructure operated, controlled, licensed, or made available by Active Patterns Inc. operating under the brands AX Institute and AX (“AX Institute”, “AX”, “Institute”, “Company”, “we”, “our”, or “us”).
These Terms apply to all visitors, learners, subscribers, certification participants, specialization participants, instructors, mentors, organizations, enterprise users, administrators, purchasers, affiliates, community participants, and other individuals or entities accessing, browsing, registering for, subscribing to, purchasing from, or otherwise using the Website or Platform (“Users”).
By accessing or using the Website or Platform, Users acknowledge and agree that they have read, understood, and agreed to be legally bound by:
· these Terms of Use;
· the Privacy Policy;
· the Cookie Policy;
· applicable Subscription and Membership Policies;
· applicable Checkout Terms and Conditions;
· applicable Refund Policies;
· applicable educational policies;
· all applicable AX Institute governance documents, operational standards, notices, policies, procedures, guidelines, and institutional requirements made available by AX Institute from time to time.
If a User does not agree to these Terms, such User must immediately discontinue all access to and use of the Website and Platform.
Electronic acceptance, electronic signatures, electronic records, and electronic communications shall have legal effect to the maximum extent permitted under applicable law.
Users represent and warrant that they:
· possess legal capacity to enter into binding agreements;
· are at least the age of majority within their applicable jurisdiction or possess all legally required parental or guardian authorizations;
· have authority to bind any organization on whose behalf they access, purchase, subscribe, register, or participate;
· shall comply with all applicable laws, regulations, institutional requirements, and platform governance obligations relating to use of the Website and Platform.
1. WEBSITE PURPOSE AND INSTITUTIONAL STATUS
The Website and Platform provide access to:
· professional education;
· executive education;
· workforce capability development;
· leadership development;
· organizational capability development;
· AI capability enablement initiatives;
· applied professional development;
· certifications;
· specialization programs;
· designation pathways;
· mentorship programs;
· subscriptions;
· enterprise learning initiatives;
· digital educational resources;
· research materials;
· workshops;
· webinars;
· community environments;
· educational technologies;
· learning pathways;
· institutional content;
· related educational or professional offerings.
AX Institute educational Services are designed to support applied learning, executive education, workforce capability growth, leadership development, organizational capability enhancement, organizational learning, and professional capability development.
AX Institute operates as an independent professional educational platform and institutional learning environment.
Unless expressly stated otherwise in writing:
· AX Institute is not a public university;
· AX Institute is not a government-accredited degree-granting institution;
· AX Institute is not a regulated licensing authority;
· participation in Programs does not guarantee employment, professional licensing, business outcomes, organizational transformation outcomes, workforce capability outcomes, leadership capability outcomes, AI readiness outcomes, financial outcomes, regulatory recognition, academic credit recognition, or professional advancement.
Educational content, mentorship activities, certifications, specialization programs, enterprise learning materials, research materials, frameworks, methodologies, and other materials made available through the Platform are intended solely for general educational and informational purposes and shall not constitute legal, accounting, tax, financial, investment, regulatory, compliance, engineering, medical, employment, fiduciary, or other professional advisory services.
Users remain solely responsible for obtaining independent professional advice appropriate to their individual, organizational, regulatory, legal, operational, financial, or professional circumstances.
2. PERMITTED USE
Users may access and use the Website and Platform solely for lawful educational, informational, institutional, enterprise, certification, specialization, subscription, and professional purposes authorized by AX Institute.
Users agree to use the Website and Platform in compliance with:
· these Terms;
· all applicable laws and regulations;
· all applicable AX Institute policies and governance requirements;
· intellectual property protections;
· privacy obligations;
· cybersecurity requirements;
· community standards;
· enterprise restrictions;
· operational and institutional requirements communicated by AX Institute from time to time.
AX Institute reserves sole and absolute discretion regarding:
· Website and Platform operations;
· educational offerings;
· subscriptions;
· certifications;
· specialization structures;
· certification purchase models;
· recurring educational access structures;
· enterprise programs;
· learner access structures;
· institutional standards;
· educational packaging;
· commercialization models;
· platform functionality;
· community structures;
· AI-enabled systems;
· operational governance;
· educational sequencing;
· institutional policies;
· learner eligibility;
· enterprise participation requirements;
· subscription availability;
· Program continuation or discontinuation.
Nothing in these Terms obligates AX Institute to maintain, continue, commercialize, support, or make available any specific educational offering, subscription, certification, specialization program, enterprise Program, feature, functionality, or institutional Service for any minimum duration.
AX Institute reserves all rights not expressly granted under these Terms.
3. PROHIBITED ACTIVITIES
Users shall not, directly or indirectly:
· violate applicable laws or regulations;
· interfere with Website, Platform, subscription, certification, specialization, enterprise, community, or operational systems;
· access restricted systems, learner information, enterprise systems, administrative environments, analytics systems, or protected institutional information without authorization;
· reverse engineer, decompile, disassemble, reproduce, mirror, frame, republish, modify, adapt, or create derivative works from the Platform or Website;
· scrape, harvest, mine, extract, aggregate, process, vectorize, index, reproduce, republish, summarize, or otherwise utilize Website content, educational content, metadata, learner information, institutional information, enterprise information, analytics, operational systems, or Platform data through automated, algorithmic, AI-enabled, technological, or computational means;
· utilize bots, crawlers, scripts, browser automation systems, scraping technologies, automated extraction technologies, large language models, machine learning systems, embeddings systems, synthetic generation systems, retrieval-augmented systems, automated summarization systems, or AI-enabled technologies without prior written authorization from AX Institute;
· reproduce, distribute, resell, sublicense, commercially exploit, publicly display, share, transmit, republish, commercialize, or otherwise utilize educational content, subscriptions, certifications, specialization materials, enterprise materials, institutional content, or Platform materials;
· circumvent subscriptions, payment systems, learner access controls, certification restrictions, specialization restrictions, enterprise restrictions, technological protections, or security systems;
· share accounts, credentials, paid access, subscriptions, enterprise seats, or restricted materials except as expressly permitted in writing;
· impersonate individuals or organizations;
· utilize AI-generated identities, synthetic personas, simulated executive profiles, or deceptive automated participation intended to mislead learners, enterprise participants, organizations, instructors, mentors, or Platform users;
· upload malicious code, malware, spyware, ransomware, or harmful technologies;
· disrupt educational delivery, subscriptions, certifications, specialization programs, enterprise learning environments, mentorship activities, learner experiences, or Platform operations;
· utilize the Website or Platform to compete with AX Institute or develop competing educational, subscription, certification, specialization, enterprise learning, AI-enabled, or institutional offerings;
· engage in fraudulent, deceptive, abusive, harassing, defamatory, unlawful, discriminatory, threatening, harmful, or unauthorized conduct.
Unauthorized activity may result in suspension, restriction, certification revocation, specialization revocation, subscription termination, removal of content, enterprise suspension, legal proceedings, injunctive relief, preservation of forensic evidence, or referral to applicable regulatory, governmental, or law enforcement authorities.
4. INTELLECTUAL PROPERTY AND INSTITUTIONAL RIGHTS
All Website, Platform, subscription, certification, specialization, enterprise, educational, operational, technological, branding, and institutional materials, including without limitation:
· educational content;
· videos;
· recordings;
· course structures;
· learning pathways;
· certifications;
· specialization programs;
· assessments;
· methodologies;
· frameworks;
· templates;
· research materials;
· written content;
· graphics;
· trademarks;
· branding;
· software;
· platform functionality;
· user interface elements;
· subscription systems;
· certification systems;
· AI-enabled educational tools;
· recommendation systems;
· adaptive learning systems;
· downloadable resources;
· institutional metadata;
· analytics systems;
· educational packaging;
· operational systems;
are owned by, controlled by, or licensed to Active Patterns Inc. and are protected by Canadian, United States, and international copyright, trademark, trade secret, database, contract, and other intellectual property or proprietary rights laws.
No ownership rights are transferred to Users through access to the Website, Platform, educational content, subscriptions, certifications, specialization programs, enterprise learning systems, downloadable materials, or related Services.
Users receive only a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access authorized Website and Platform content solely for permitted educational, informational, institutional, subscription, certification, specialization, or enterprise purposes.
All rights not expressly granted are reserved by AX Institute.
5. TRADEMARKS AND BRANDING
“AX”, “AX Institute”, associated logos, certification names, specialization names, Program names, subscription names, enterprise identifiers, slogans, educational identifiers, and branding elements constitute proprietary trademarks, trade names, service marks, or brand assets of Active Patterns Inc.
Users shall not use AX Institute branding, certification identifiers, trademarks, logos, educational marks, institutional identifiers, or confusingly similar marks without prior written authorization from AX Institute.
Nothing in these Terms grants Users any right, title, license, ownership interest, goodwill interest, or authorization relating to AX Institute intellectual property except as expressly stated herein.
6. ARTIFICIAL INTELLIGENCE, AUTOMATION, AND DATA EXTRACTION RESTRICTIONS
Users shall not use the Website, Platform, educational content, institutional materials, metadata, learner information, enterprise information, community content, or operational systems for purposes including:
· AI training;
· machine learning datasets;
· model fine-tuning;
· automated extraction;
· automated indexing;
· large language model ingestion;
· vectorization;
· embedding generation;
· retrieval-augmented generation systems;
· agentic AI systems;
· autonomous AI systems;
· AI orchestration systems;
· synthetic educational replication systems;
· synthetic dataset creation;
· prompt harvesting;
· automated summarization systems;
· synthetic educational replication;
· AI-assisted competitive analysis;
· educational cloning;
· model distillation;
· automated scraping or harvesting.
Educational Content and institutional materials shall not be reproduced, processed, indexed, summarized, transformed, adapted, commercialized, or utilized through automated technologies or AI-enabled systems without express written authorization from AX Institute.
AX Institute reserves the right to:
· monitor automated activity;
· implement technological protections;
· block automated access;
· suspend Users;
· terminate accounts;
· restrict subscriptions;
· revoke certifications;
· revoke specialization recognitions;
· pursue legal remedies;
· preserve forensic evidence;
· seek injunctive relief.
7. USER SUBMISSIONS
Where Users submit reviews, comments, feedback, testimonials, assignments, uploaded materials, discussion posts, forum contributions, survey responses, community content, or other materials (“User Submissions”), Users grant AX Institute a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free license to use, reproduce, publish, archive, adapt, display, distribute, analyze, commercialize, promote, integrate into institutional systems, utilize for analytics, utilize for accreditation, utilize for enterprise purposes, utilize for educational delivery, and utilize for operational optimization.
Users represent and warrant that User Submissions:
· do not infringe third-party rights;
· do not violate laws;
· are not fraudulent, misleading, defamatory, abusive, unlawful, or harmful;
· are lawfully submitted;
· do not contain confidential information that the User is not authorized to disclose.
AX Institute reserves sole discretion to remove, moderate, refuse, restrict, archive, or delete User Submissions.
8. TESTIMONIALS, MEDIA, RECORDINGS, AND PUBLICITY
Users participating in interviews, mentorship activities, webinars, workshops, certifications, specialization activities, enterprise sessions, cohort discussions, recordings, promotional activities, or educational events may be subject to additional media release, recording, or publicity terms.
Where consent is provided, or where recording or usage is otherwise lawfully permitted, AX Institute may utilize User names, likenesses, voices, recordings, images, testimonials, participation materials, and related content for educational delivery, subscriptions, certifications, specialization programs, enterprise learning, accreditation, institutional operations, governance, analytics, marketing, promotional activities, and archival purposes.
AX Institute may record educational sessions, webinars, workshops, mentorship activities, specialization sessions, or enterprise learning activities where permitted by applicable law and applicable policies.
9. THIRD-PARTY SERVICES AND LINKS
The Website and Platform may integrate, rely upon, link to, or make available third-party services including payment processors, learning management systems, analytics providers, webinar technologies, cloud infrastructure providers, AI systems, enterprise software systems, communication platforms, embedded media tools, and external educational technologies.
AX Institute does not control and is not responsible for third-party services, availability, security, privacy practices, reliability, functionality, operational continuity, data practices, content, or legal terms.
Third-party services may be governed by separate agreements, privacy policies, cookies policies, and legal terms. Users remain responsible for reviewing and complying with applicable third-party terms.
10. WEBSITE AND PLATFORM AVAILABILITY
AX Institute does not guarantee uninterrupted, continuous, secure, error-free, or fully available operation, accessibility, performance, accuracy, completeness, operability, or continuity of the Website, Platform, Services, subscriptions, certifications, specialization programs, enterprise systems, AI-enabled systems, or related functionality.
The Website, Platform, and Services may experience temporary interruptions, scheduled maintenance, delays, cybersecurity incidents, infrastructure failures, cloud-provider disruptions, AI-system limitations, software failures, technical defects, third-party service disruptions, enterprise restrictions, data interruptions, operational outages, access limitations, content modifications, service degradations, or operational changes from time to time.
Minor, temporary, intermittent, scheduled, localized, or partial interruptions shall not constitute material failure of the Services.
AX Institute reserves the right at any time, without liability, to suspend, restrict, discontinue, modify, update, remove, replace, limit, or reconfigure any portion of the Website, Platform, Services, subscriptions, certifications, specialization programs, enterprise offerings, AI-enabled systems, educational content, features, functionality, or access structures.
Any refunds, credits, or remedies relating to temporary service interruptions or partial unavailability shall be governed by the applicable Subscription and Membership Policy or other applicable agreement.
No temporary interruption, maintenance activity, AI-system limitation, third-party outage, operational degradation, enterprise limitation, or partial unavailability shall automatically entitle Users to refunds, compensation, subscription extensions, credits, or damages unless expressly determined by AX Institute under applicable policies or agreements.
11. DISCLAIMERS OF WARRANTIES
To the maximum extent permitted by applicable law, the Website, Platform, subscriptions, certifications, specialization programs, educational content, enterprise systems, community environments, downloadable materials, AI-enabled tools, and all related materials are provided on an “as is” and “as available” basis.
AX Institute disclaims all warranties, representations, guarantees, and conditions, whether express, implied, statutory, or otherwise, including without limitation:
· merchantability;
· fitness for a particular purpose;
· uninterrupted access;
· educational outcomes;
· professional outcomes;
· learner outcomes;
· organizational transformation outcomes;
· workforce capability outcomes;
· leadership capability outcomes;
· AI readiness outcomes;
· business performance outcomes;
· compatibility;
· security;
· availability;
· non-infringement;
· data accuracy;
· continuous functionality;
· regulatory recognition;
· employment outcomes;
· career advancement;
· income generation.
AX Institute does not warrant that Programs will remain continuously available, subscriptions or certifications will remain available indefinitely, specialization programs will remain available indefinitely, educational content will satisfy specific learner objectives, enterprise learning initiatives will achieve organizational goals, educational materials will remain error-free, Platform systems will remain uninterrupted or secure, or third-party services will remain available.
Digital products, downloadable resources, templates, frameworks, methodologies, educational tools, research materials, and related materials made available through the Website or Platform are licensed on a limited, revocable, non-exclusive basis and not sold unless expressly stated otherwise in writing by AX Institute.
Users assume all risks associated with use of the Website and Platform.
12. LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, Active Patterns Inc., AX Institute, affiliates, officers, directors, employees, instructors, mentors, contractors, licensors, technology providers, enterprise partners, and representatives shall not be liable for:
· indirect damages;
· consequential damages;
· punitive damages;
· exemplary damages;
· special damages;
· reputational harm;
· business interruption;
· organizational losses;
· lost profits;
· lost data;
· learner reliance;
· enterprise reliance;
· cybersecurity incidents;
· AI-generated inaccuracies;
· third-party conduct;
· instructor conduct;
· mentor conduct;
· learner conduct;
· Platform outages;
· subscription interruptions;
· certification interruptions;
· specialization interruptions;
· operational disruptions;
· unauthorized access;
· data loss;
· regulatory or professional consequences.
Maximum aggregate liability shall not exceed the lesser of:
(a) amounts actually paid by the applicable User to AX Institute during the preceding twelve (12) months; or
(b) CAD $500.
Certain jurisdictions may restrict limitations of liability. In such jurisdictions, liability shall be limited to the maximum extent permitted by applicable law.
13. INDEMNIFICATION
Users agree to indemnify, defend, and hold harmless Active Patterns Inc., AX Institute, affiliates, officers, directors, employees, instructors, mentors, licensors, contractors, enterprise partners, technology providers, and representatives from and against claims, liabilities, damages, losses, penalties, judgments, costs, expenses, or legal fees arising from or relating to:
· violation of these Terms;
· misuse of the Website or Platform;
· infringement of third-party rights;
· unlawful conduct;
· unauthorized educational content use;
· misuse of subscriptions or certifications;
· misuse of specialization programs;
· enterprise misuse;
· cybersecurity violations;
· unauthorized automation or AI-related activities;
· violation of laws or regulations;
· User Submissions;
· breach of applicable AX Institute policies.
14. PRIVACY, COOKIES, AND ELECTRONIC COMMUNICATIONS
Use of the Website and Platform remains subject to the AX Institute Privacy Policy and Cookie Policy.
Users acknowledge and agree that personal information may be collected, processed, transferred, analyzed, stored, disclosed, retained, or otherwise handled in accordance with applicable AX Institute policies and applicable laws.
Users consent to receive electronic communications relating to accounts, subscriptions, certifications, specialization programs, transactions, operational notices, security notices, learner communications, institutional communications, enterprise communications, educational activities, policy updates, and platform updates.
Marketing communications shall be subject to applicable consent and unsubscribe requirements under applicable law, including Canada’s Anti-Spam Legislation where applicable.
15. INTERNATIONAL ACCESS, EXPORT CONTROLS, AND SANCTIONS
The Website and Platform may be accessed internationally. Users accessing the Website or Platform outside Canada remain solely responsible for compliance with local laws applicable within their jurisdictions.
AX Institute does not represent that the Website, Platform, subscriptions, certifications, specialization programs, enterprise offerings, or educational materials are lawful, available, appropriate, or enforceable in every jurisdiction.
Users represent and warrant that they are not located in jurisdictions subject to comprehensive sanctions, prohibited from receiving services under applicable Canadian, United States, or international laws, or identified on applicable sanctions, export control, denied party, restricted party, or prohibited persons lists.
AX Institute reserves the right to restrict, suspend, refuse, or terminate access in jurisdictions presenting legal, sanctions, cybersecurity, operational, commercial, or regulatory risk.
16. FORCE MAJEURE
AX Institute shall not be liable for delays, failures, interruptions, suspension of access, inability to provide Website or Platform access, or inability to provide Services arising from causes beyond reasonable control including cyber incidents, infrastructure failures, internet outages, cloud provider failures, telecommunications failures, labor disruptions, governmental actions, regulatory restrictions, pandemics, natural disasters, security incidents, acts of God, third-party service failures, or operational disruptions.
17. TERMINATION, RESTRICTION, AND ENFORCEMENT
AX Institute reserves the right to suspend, restrict, terminate, remove, revoke, modify, or limit access to the Website, Platform, subscriptions, certifications, specialization programs, enterprise systems, community environments, accounts, educational offerings, or User Submissions where:
· these Terms are violated;
· unauthorized activity occurs;
· intellectual property misuse occurs;
· cybersecurity risks arise;
· fraudulent activity is suspected;
· operational integrity requires intervention;
· learner protection requires action;
· enterprise relationships require protection;
· institutional protections require enforcement;
· applicable laws, sanctions, or regulatory considerations require restriction.
Termination, suspension, or restriction may occur without prior notice where reasonably necessary to protect institutional operations, learners, enterprise relationships, subscriptions, certifications, specialization programs, intellectual property, Platform integrity, cybersecurity, compliance obligations, or operational continuity.
AX Institute reserves the right to investigate suspected violations of these Terms, preserve and analyze system logs and activity records, monitor Website and Platform usage activity, implement forensic preservation measures, cooperate with legal, regulatory, governmental, cybersecurity, sanctions, export control, or law enforcement authorities, and take protective operational measures reasonably necessary to preserve institutional integrity, cybersecurity, learner protection, enterprise relationships, intellectual property rights, subscriptions, certifications, specialization programs, operational continuity, or compliance obligations.
AX Institute reserves all rights and remedies available under law, equity, contract, and applicable institutional policies.
18. SURVIVAL
Provisions relating to intellectual property, institutional protections, AI restrictions, disclaimers, limitations of liability, indemnification, confidentiality, dispute resolution, export controls, sanctions, enforcement rights, User Submissions, privacy acknowledgments, and any provisions which by their nature are intended to survive shall survive termination, suspension, restriction, discontinuation of access, expiration of these Terms, or discontinuation of the Website or Platform.
18A. SEVERABILITY
If any provision, restriction, limitation, disclaimer, waiver, or other term contained in these Terms is determined by a court, arbitrator, tribunal, regulatory authority, or other competent authority to be unlawful, invalid, unenforceable, void, or inapplicable, such provision shall be interpreted, limited, or enforced to the maximum extent permissible under applicable law, and the remaining provisions of these Terms shall remain in full force and effect.
19. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
The Parties shall first attempt to resolve disputes through good-faith negotiations.
Disputes not resolved through negotiation may be submitted to binding arbitration seated in Ontario, Canada, except where injunctive relief, intellectual property enforcement, cybersecurity protection, emergency remedies, collections, or enforcement proceedings are reasonably required.
To the maximum extent permitted by applicable law, disputes shall be resolved solely on an individual basis and not through class, collective, representative, consolidated, mass arbitration, or private attorney general proceedings.
Users expressly waive any right to participate in class actions, coordinated proceedings, consolidated proceedings, representative proceedings, collective proceedings, mass arbitration proceedings, or private attorney general actions to the maximum extent permitted by applicable law.
Nothing in this section limits AX Institute’s right to seek urgent equitable, injunctive, protective, or enforcement remedies before a court of competent jurisdiction.
20. MODIFICATIONS TO TERMS
AX Institute reserves the right to modify, amend, replace, supplement, discontinue, or update these Terms at any time.
Updated Terms become effective upon posting to the Website unless otherwise required by applicable law.
Continued use of the Website or Platform following publication of updated Terms constitutes acceptance of revised Terms.
Users are responsible for reviewing the most current version of these Terms.
20A. ENTIRE AGREEMENT
These Terms together with all applicable AX Institute policies, Subscription and Membership Policies, Checkout Terms and Conditions, Refund Policies, Privacy Policies, Cookie Policies, educational policies, enterprise policies, operational requirements, governance documents, notices, guidelines, and other referenced materials constitute the entire agreement between the User and AX Institute relating to access to and use of the Website and Platform and supersede all prior or contemporaneous communications, negotiations, understandings, representations, marketing materials, promotional statements, proposals, discussions, or agreements relating thereto.
Users acknowledge that they have not relied upon any representation, warranty, statement, promise, marketing claim, educational outcome statement, business outcome statement, enterprise outcome statement, or other communication except as expressly set out in these Terms or other binding written agreements executed by AX Institute.
20B. NO WAIVER
Failure, delay, or omission by AX Institute to exercise, enforce, or rely upon any right, remedy, discretion, provision, restriction, limitation, protection, or enforcement mechanism under these Terms shall not constitute or be interpreted as a waiver thereof.
Any waiver by AX Institute shall be effective only if expressly made in writing by an authorized representative of AX Institute and shall apply solely to the specific circumstance expressly identified in such written waiver.
20C. ASSIGNMENT
AX Institute may assign, transfer, delegate, subcontract, novate, or otherwise transfer these Terms, together with associated rights, obligations, operational responsibilities, subscriptions, enterprise relationships, or institutional assets, without restriction.
Users may not assign or transfer rights or obligations under these Terms without prior written authorization from AX Institute.
20D. INTERPRETATION
Section headings are included solely for convenience and shall not affect interpretation of these Terms.
21. CONTACT INFORMATION
AX Institute
Operated by Active Patterns Inc.