Capabilia products and services are provided by CAPABILIA SA. These Terms of Use ("Terms") govern your use of the website, applications and other products and services ("Services"). Our services may include a program that is downloaded to your computer, phone, tablet or other device. You, agree that we may automatically update this program, and these Terms apply to such updates. Please read these Terms carefully and contact us if you have any questions. By using our services, you agree to be bound by these Terms.
You may only use our services if you formalize a binding agreement with Capabilia, and only in accordance with these Terms and all applicable laws. When you create your Capabilia account, and as a result use certain features, you must provide accurate and complete information, and agree to update your information to keep it accurate and complete. Access and use is prohibited for persons under 18 years of age, and some courses may have additional requirements and/or restrictions.
Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, and specific requirements regarding suitability of course and other terms, as listed at the end of this document), we grant you a limited, personal, non-exclusive, non-transferable and revocable license to use our services. You can download content from our Services only for your personal, non-commercial use, unless you obtain written permission from Capabilia to use the content otherwise. You also agree that you will create, access and/or use only one user account, and you will not share with any third party, access information or access to your account. Using our Services does not give you ownership of any intellectual property to our Services or the content you access.
We are quite proud of our world-class courses, and we are committed to providing the service promised at the time of purchase. However, there may be unexpected situations and/or circumstances beyond our control. Capabilia reserves the right to cancel, interrupt or reschedule any course or modify its contents, or the numeric value or importance of any task, quiz or evaluation method. The courses offered are subject to the Disclaimer and Limitation of Liability sections listed below.
Unless it is explicitly indicated by an institution that provides credit, participation or completion of a course does not grant any college credit. Even if an institution provides credit, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a course unless you have obtained a Course Certificate (or equivalent credential from Capabilia) for that course. Capabilia, the course instructors and the associated participating institutions are not required to have courses that are recognized by any institution or organization for accreditation.
Nothing in these Terms, regarding your participation in any course: (a) establishes any relationship between you and any educational institution Capabilia is affiliated with; (b) enrolls or registers you in any educational institution or in any course offered by any of these institutions; or (c) authorizes you to use the sources of any educational institution beyond participation in the course.
The Services allow you to share with Capabilia, instructors, and/or other users, your content, that is, your homework, quizzes, exams, projects and other tasks you send, comments you make in the forums, and the "I like" feature ("User Content"). You retain all intellectual property rights, and are responsible, for the User Content you share.
To the extent that you provide User Content, you grant Capabilia a global, fully transferable, free, perpetual, sub-licensable, nonexclusive license to copy, distribute, modify, and create derivative works based on performances and public displays, and any other use of User Content. This license includes granting Capabilia the right to authorize participating institutions the use of User Content with their registered users and in-class students that are independent of the Services. Nothing in these Terms may restrict other legal rights that Capabilia may have regarding the User Content as in, for example, under other licenses. We reserve the right to remove or edit User Content for any reason, including User Content that we believe may violate these Terms.
Any suggestions, ideas, comments or other feedback related to the Services ("Feedback") is always welcome. When you send any Feedback, you grant us the right to use it without any restriction or compensation to you. By accepting your Feedback, Capabilia does not give up the right to use similar or related opinions that have been previously published in Capabilia, developed by its employees or contractors, or obtained from other sources.
We are concerned about our users security. While we strive to protect the security of your account and related information, Capabilia cannot guarantee that unauthorized third parties may not overcome our security measures. Please notify us immediately by email at soporte@capabilia.org, if a compromised or unauthorized use of your account occurs.
Through the Services, you will have the ability to access and/or use the content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. Capabilia cannot guarantee that the content of these third parties, in the Services or elsewhere, does not contain material you may find objectionable or inappropriate, or malware or other contaminants that may damage your computer, mobile device or any file that contains any of the above. Capabilia disclaims any responsibility or liability related to your access or use of such third party content.
Capabilia respects the intellectual property rights of our collaborating users, participating institutions and other third parties, and expects our users to do the same when using our services. We have adopted and implemented the Capabilia Copyright and Trademark Policy under applicable law, including the Digital Millennium Copyright Act.
Capabilia is committed to advancing the science of education and teaching, so that records of your participation in courses may be used for educational research. To contribute to this research, you may be subjected to variations in the course content. The research results will usually be communicated globally. Your personal identity will not be publicly disclosed in any results without your express consent.
Capabilia provides paid services (e.g., Course Certificate in certain courses) for a fee. Unless otherwise stated, all rates are quoted in US dollars. You are responsible for paying all fees and taxes in a timely manner, through a payment method associated with the applicable paid services. If your payment method fails or your account is expired, we may collect fees through other collection methods. Rates may vary based on your location and other factors, and Capabilia reserves the right to change any price at any time at its discretion. All changes, updates or modifications shall be effective immediately after the publication of the relevant services. Refunds may be available for paid services, as described in our Refund Policy.
We are constantly changing and improving our Services. We may add or remove functions, features or requirements, and we may suspend or stop a Service altogether. As a result, Capabilia may suspend the use you make of any Service for any reason. If a paid Service is suspended, a refund may be carried out under our Refund Policy. Neither Capabilia, nor its collaborating institutions and instructors, or its partners, sponsors and other business partners and their employees, or its contractors and other agents, shall have any liability to you for such actions.
The services and all the included content are provided "as is" without warranty of any kind, either explicitly or implicitly. Capabilia specifically disclaims any warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising during the course of transactions or use of the brand. Capabilia also offers no warranty in connection with your access or use of services or related content. You acknowledge and agree that any access to or use of the services or said content is at your own risk.
As far as the law allows, Capabilia shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenue, produced directly or indirectly, or any loss of data, use, goodwill or other intangible losses resulting from: (a) your access to, use of, or inability to access or use the services; (b) any conduct or content of any party not related to Capabilia, including without limitation, any defamatory, offensive or illegal conduct; or (c) access, use or unauthorized alteration of your content or information. Under no conditions shall Capabilia have full responsibility for all claims for services that exceed US $1,000 or the amount Capabilia has received for the provision of services during the past six months, whichever is greater. You acknowledge and agree that the disclaimers and limitations of liability set forth in these terms of use reflect a fair and reasonable distribution of risk between you and Capabilia, and that these limitations are the fundamental basis of the ability of Capabilia to make the services available to you in an economically viable way.
You agree to indemnify / compensate, defend and hold harmless the Parties of Capabilia from any claims, liabilities, expenses and damages, including attorneys' fees and costs, made by third parties relating to: (a) the use or attempted use of the Services in violation of these Terms; (b) violation by you, of any law or the rights of any third party; or (c User Content, including, without limitation, any claim of infringement or misappropriation of intellectual property or other proprietary rights.
The services are managed by Capabilia SA, located at 200 Este 100 Sur de la Iglesia Santa Teresita – Barrio Escalante – Carmen San Jose Costa Rica. You agree that any dispute related to these Terms shall be governed by the laws of Costa Rica, excluding their conflicts regarding the applicable laws. You expressly consent to personal jurisdiction of, and the exclusive venue in federal and state courts located and serving in Costa Rica, as the legal forum for such disputes. Excluding claims for injunctive or other equitable relief, claims related to the services, where the total amount requested is less than US $100, both you and Capabilia may choose at any time of the dispute, to resolve the claim, without appearing, via binding arbitration. The dispute shall be settled by an established alternative dispute resolution provider ("ADR"), chosen by mutual agreement between you and Capabilia. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless the parties agree otherwise, rather, the arbitration will take place, at the option of the party seeking relief, online, by phone or in writing. Any judgment rendered by the arbitrator may be presented in any court of competent jurisdiction.
We reserve the right to revise the Terms at our discretion at any time. Any revision of the Terms will be effective immediately after they are published. For any changes we make to the content of the Terms, we will follow the necessary steps to inform you of such changes. In any case, your continued use of the Services following the publication of such changes, with or without notice, constitute binding acceptance of the revised Terms.
If it turns out that a certain provision of these Terms is not applicable, this shall not affect any other terms. If you fail to comply with these Terms and we do not take immediate action, this does not mean that we renounce any right we may have (such as taking action in the future).
Participating institutions collaborating with Capabilia are third parties benefiting from the Terms and those provisions of the Terms related to them must apply.
The Capabilia mission is to transform the way today's professionals and those of the future develop their skills. We also want to make sure that all of our students and instructors feel safe and comfortable using our services. We have developed these guidelines to ensure that people understand and follow the rules when participating in our online community and when using any of our Services. Although we do not usually examine or monitor the content provided by users, we may remove or edit content or inappropriate activities that are communicated to us, or suspend, disable, or terminate a user's access to part or all the Services.
The use of our Services is prohibited to share content that:
Contains illegal content or promotes illegal activities with the intent to commit such activities. Please remember that we have underaged students who could use Capabilia, and we do not allow content that is inappropriate for these students.
Contains threats or organizes acts of violence. We do not allow content that creates a genuine risk of physical harm or damage to property, which actually threatens people or public safety, or that organizes or encourages damage.
Harasses others or makes comments about people and/or on matters of public interest, with the intention of being abusive or that may be somehow considered inappropriate.
Violates intellectual property, privacy or other rights. Do not share content that you have no right to share, claim content that you have not created for yourself, or in any way infringe or misuse, the intellectual property of another person, or other rights. Always attribute the materials used or cite the original copyright owners.
Send spam to others.
Import and include advertising or promotional content or irrelevant or inappropriate requests.
In any way violates Capabilia's Terms of Use. Please note that there are specific courses that may have additional rules or requirements.
You are also not allowed to:
Do anything that violates any local, state, national or international law or breach any of your contractual obligations or fiduciary obligations.
Share your password, let anyone access your account, or do anything that could put your account at risk.
Try to access another user's account.
Reproduce, transfer, sell, resell or otherwise improperly use any content from our Services, unless you are specifically authorized to do so.
Access, falsify or use private areas of our systems, unless you are specifically authorized to do so.
Break or circumvent our security or authentication measures or somehow test the vulnerability of our systems or networks, unless you are specifically authorized to do so.
Try to reverse engineer any part of our Services.
Try to interfere with any user, host or network, such as sending viruses, overloading, sending spam or email bombing.
Use our Services to distribute malware.
Impersonate any person or entity or misrepresent your affiliation to Capabilia.
Encourage or help someone to do any of the items on this list.
Capabilia respects the intellectual property rights of our collaborating institutions, instructors and other third parties, and expects our users to do the same when using our services. We reserve the right to suspend, disable, or delete the accounts of users who infringe repeatedly or are accused of repeatedly infringing the copyrights, trademarks or other intellectual property rights of others.
If you believe in good faith that the materials that appear on the Services infringe your copyright, Capabilia requests that you (or your agent) send us a notification asking it to be removed or that access to them be blocked.
The notice must include the following information:
The physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
Identification of work that is copyrighted and is claimed to have been infringed (or, if there are many copyrighted works located on the Services that are included in a single notification, a representative list of such works).
Identification of the material that is claimed to be infringed or is subject to an infringing activity, and information reasonably sufficient to allow Capabilia to locate the material regarding the Services.
The name, address, phone number and email address (if available) of the complaining party / claimant.
A statement that the complaining party / claimant has a good faith belief that the use of the material for which the claim is made, 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 the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications must meet the requirements established by Capabilia. Notifications and resources relating to the Services may be sent:
Via email to: info@capabilia.org
Via email to: copyright@Capabilia.org
We recommend that you consult your legal advisor before completing, signing and sending a notification. Also, note that there may be penalties for false claims under Costa Rican law.
Capabilia also respects the trademark rights of others. Accounts that have content that mislead others, or violate the trademark of others, may be updated, suspended, disabled or canceled by Capabilia at its sole discretion. If you suspect someone may be using your trademark and somehow infringing our Services, please send us an email at copyright@Capabilia.org and we will review your complaint. If appropriate, we will remove the offending content, notify the individual who published it and/or suspend, temporarily or permanently, the individual's account.
If it is determined that you have violated the Honor Code or the Capabilia Terms of Use, you will not be entitled to any refund or a voucher or compensation. In addition, if you do not pass a course or Specialized Program or you receive an unsatisfactory grade for any of them, you will also not have a right to refund or a voucher or compensation; unless you qualify for a refund according to the criteria set forth below. For more information about our refund process, including instructions to request a refund, visit our Student Support Center. (https://capabilia.org/centro_de_ayuda)
Except as described in this Refund Policy or as explicitly specified as part of the registration process of a Service, Capabilia has no obligation to provide refunds or vouchers for any other Service.
Notwithstanding the above, if you sign up for a course program in Capabilia and you pay for it or purchase any other paid service through a third-party market, then the refund policy applicable to that market for third parties will apply, unless Capabilia explicitly states otherwise. Unless Capabilia explicitly states otherwise, the third party market will be solely responsible for carrying out refunds under its refund policy, and Capabilia will not have any refund obligations. Capabilia disclaims any liability or obligation relating to the refund policy of third party markets, or compliance or non-compliance with said policy of third parties.
Effective from January 20, 2016
All students participating in a Capabilia program must accept and abide by the following behavior code:
I will register with only one account.
My solutions to assignments, quizzes and exams will be my own work (except for those tasks that explicitly allow collaboration).
I will not provide the solutions to homework, quizzes, exams, projects and other tasks to anyone (except in the case where a task explicitly allows the sharing of solutions). This includes solutions written by me, as well as any solution provided by the personnel of the course, to others.
I will not be involved in any other activity that will improve my results dishonestly or dishonestly, or improve or harm the results of others.
Effective from January 20, 2016.
The "Legal Notice" which regulates the use of the site service www.capabilia.com and which Capabilia makes available to Internet users, shall be fully applicable and is given as entirely reproduced herein.
Use that will be given to information:
The required personal data shall be used to provide the user with information on careers, courses and requested programs, as well as other activities related to Capabilia.
The data shall not be processed or used for different or incompatible purposes than those for which they were obtained, and shall be used only by Capabilia.
Acceptance of the terms and conditions:
When providing personal data, the User authorizes Capabilia to contact them by mail, telephone or electronically, to send information that it deems may be of interest, including advertising and information about their programs, courses and extension activities.
The User gives their informed consent to the following matters:
Existence of a database: the data collected by the appropriate forms shall be included in a database controlled by Capabilia.
Users will be entitled to unsubscribe from the database. If Users do not wish to be contacted for these purposes, they may notify Capabilia in a demonstrable fashion, and it shall interrupt such communications in the shortest time possible.
Capabilia does its best to legally protect required personal data and it has installed technical means and measures for protection. However, the User must be aware that Internet security measures are not insurmountable / inviolable.
Capabilia excludes, to the extent permitted by law, any liability for damages of any kind that may happen to occur. The "Legal Notice" that regulates the use of the site www.capabilia.com and which Capabilia makes available to Internet users, shall be fully applicable.