MOAIMH-EC Learning Hub

Terms of Use for Missouri Association of Infant and Early Childhood Mental Health (MOAIMH-EC) Learning Management System (LMS)

Effective Date: March 13, 2025

These Terms of Use (“Terms”) govern your access to and use of  Thinkific, a Learning Management System (LMS) provided by Missouri Association of Infant and Early Childhood Mental Health (MOAIMH-EC) (“we,” “our,” or “us”). By accessing or using the LMS, you (“User,” “you,” or “your”) agree to these Terms. If you do not agree to these Terms, you must not use our LMS.

1. Acceptance of Terms

By accessing or using our LMS, you agree to comply with and be bound by these Terms and any applicable laws or regulations. We may update or modify these Terms at any time. Any changes will be posted on this page, and the updated date will be noted at the top. Your continued use of the LMS after such updates constitutes your acceptance of the modified Terms.

2. User Registration

To access certain features of the LMS, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update it as necessary. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

If you believe your account has been compromised or someone is using it without your authorization, please contact us immediately at [email protected].

3. Use of LMS

You agree to use the LMS solely for lawful purposes and in accordance with these Terms. You agree not to:

• Use the LMS in any way that violates any applicable local, state, national, or international law.
• Infringe the intellectual property rights of others.
• Engage in any activity that may disrupt or interfere with the functioning of the LMS.
• Attempt to gain unauthorized access to any part of the LMS or its associated systems or networks.
• Submit, post, or transmit any unlawful, defamatory, or otherwise objectionable content on the LMS.
• Use the LMS for any purpose other than educational and nonprofit purposes, as intended by MOAIMH-EC.

4. Account Security and Responsibilities

You are solely responsible for the activity that occurs under your account, and you agree to notify us immediately of any unauthorized access or use of your account. You must not share your account login credentials with others or allow others to use your account.

5. Intellectual Property

All content available on the LMS, including but not limited to courses, materials, text, images, logos, videos, and other educational resources (collectively, “Content”), is owned by or licensed to Missouri Association of Infant and Early Childhood Mental Health (MOAIMH-EC) and is protected by intellectual property laws. You may use the Content solely for personal, educational purposes within the LMS. You may not copy, modify, distribute, or otherwise exploit any Content without prior written consent from MOAIMH-EC.

6. User-Generated Content

If you submit or post any content (e.g., discussions, feedback, assignments) to the LMS, you grant MOAIMH-EC a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, distribute, and display such content in connection with the LMS. You represent and warrant that you have the right to submit such content and that it does not violate any third-party rights.

You agree not to post content that is unlawful, harmful, defamatory, obscene, or violates the rights of any third party.

7. Prohibited Activities

In addition to the restrictions outlined in Section 3, you may not:

• Use the LMS to transmit any viruses, worms, or malicious software.
• Engage in any activity that could disable, overburden, or impair the functionality of the LMS.
• Attempt to reverse-engineer, decompile, or disassemble any part of the LMS.
• Use the LMS in any manner that would interfere with, disrupt, or negatively impact the experience of other users.

8. Termination and Suspension

We reserve the right to suspend or terminate your access to the LMS if we believe you have violated these Terms or for any other reason, with or without notice. If your access is terminated, you may not continue to use the LMS, and we may remove any content you have posted.

9. Disclaimer of Warranties

The LMS is provided on an “as-is” and “as-available” basis. We make no representations or warranties of any kind, either express or implied, regarding the functionality of the LMS, the accuracy of its content, or its availability. We disclaim any warranties of merchantability, fitness for a particular purpose, or non-infringement.

10. Limitation of Liability

To the fullest extent permitted by law, Missouri Association of Infant and Early Childhood Mental Health (MOAIMH-EC) will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or use, arising out of or in connection with the use or inability to use the LMS.

11. Privacy

Your use of the LMS is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the LMS, you consent to the practices described in the Privacy Policy.

12. Third-Party Links

The LMS may contain links to third-party websites or services. These links are provided for your convenience, and we are not responsible for the content, privacy practices, or availability of such third-party sites.

13. Indemnification

You agree to indemnify, defend, and hold harmless Missouri Association of Infant and Early Childhood Mental Health (MOAIMH-EC) and its employees, volunteers, officers, directors, and agents from any and all claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the LMS, your violation of these Terms, or your violation of any rights of another party.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the state of Missouri, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be resolved exclusively in the courts located in Missouri.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by MOAIMH-EC on the LMS, constitute the entire agreement between you and MOAIMH-EC regarding the use of the LMS.

17. Contact Information

If you have any questions or concerns about these Terms of Use, please contact us at:

Missouri Association of Infant and Early Childhood Mental Health (MOAIMH-EC)
Email: [email protected]