Last updated Jan 31, 2022
(1) What Types of Information Do We Collect?
From time to time, we collect Personal Information and Generic Information. Personal Information is sensitive because it can identify you individually. Generic Information, even when combined, cannot identify you individually.
Some examples of Personal Information include your full name, address, phone number, credit card number, etc. We will not necessarily ask you for all categories of Personal Information, and at this time, Nucleus only asks for your name and email address. This list is for illustrative purposes only.
Some examples of Generic Information include what type of browser you use, your operating system, your IP address, etc. Most Generic Information is collected automatically incident to accessing the website. We will not necessarily collect all of these categories of data. This list is for illustrative purposes only.
(2) What Information Do We Collect?
(a) Any contact information you supply voluntarily to us in our contact or sign-up forms.
(b) Your locational data associated with your IP address.
(c) Computer and mobile device information, including its location, MAC Address, IP address, device name & type, operating system, usage statistics, system, or browser language.
(d) The order you visited sites, including landing, referral and exit pages.
(e) The date and time you used our services, and how long you used our services.
(3) How Do We Collect Information?
(a) We use the following automatic tools to collect information:
Cookies and flash cookies, which help us customize user experience, confirm your identity, and provide our services to you more quickly;
Pixel tracking, which helps us target advertising; and
Web Beacons, which tell us whether pages were visited or emails were opened.
(4) We Don’t Sell Your Personal or Generic Information Directly to Advertisers or Third Parties
We do not receive payment in cash or in-kind from third parties in exchange for your Personal or Generic Information. Your Generic Information may be used to generate targeted ads.
(5) We Use Your Personal Information to Provide Our Services
We use your information to provide our services to you. Sometimes we must temporarily share your information with third parties. For example: sharing payment information with banks that process payment; sharing your address with a shipping company so we can send you things you’ve ordered.
(6) We Use Your Generic Information for Various Purposes
Your Generic Information helps us optimize our website and tailor advertisements to you without exposing your identity to third parties. This information is not sold to or traded with third parties.
(7) We Will Share Your Personal and Generic Information in Specific Circumstances
(a) There are a few times when we must share your information either to protect our rights or to obey the law. We will share your Personal and Generic Information when we honestly believe that:
a subpoena or warrant is duly issued, or any other legitimate government agency requests that we produce information and we cannot legally refuse;
we need to address a security or technical issue within our site;
we think sharing the information is necessary to prevent harm to others and others’ property, especially in an emergency situation; and
In all cases we will only share as much information as is absolutely necessary to meet the immediate need, and no more.
If we are merged into another company or acquired by another company, the new company will possess the information we have collected. If this causes a significant change in the way your information is used, we will contact you and give you an opportunity to change or delete information.
(8) Children under the Age of 13
If you are a user of Nucleus’s services under the age of 13, we require verifiable parental consent. This informs your parent or guardian that you have certain rights with respect to your data and gives us permission to collect your data for use of our services and we won’t collect more than is necessary for a given activity or disclose it to third parties unless it’s part of that activity. For example, we may need to use your name and any assignments you upload for coursework evaluation and to send that information back to your institution or school.
(9) We will Delete Your Personal Information If You Request That Action
We will delete any saved data we collect if you request we do so within 45 days of the request.
(10) You Can Control Some of Your Information
Some jurisdictions grant you the right to review the personal information we have collected about you. If you want to review your information, contact us.
(11) Do Not Track (“DNT”) Transparency
Due to lack of technical standards across browsers, we handle requests related to DNT signals on a case-by-case basis.
To improve the user experience, we distribute some data to Google Analytics. Google Analytics tracks the traffic data for our site. Examples of this data include information pertaining traffic sources and time spent on various pages.
(12) Data Security
Nucleus will make every effort to secure any private information submitted to us by our users. However, no data transmission over the Internet is completely secure, so we cannot guarantee the absolute security of this data. You use our online service at your own risk and are responsible for taking reasonable measures to secure your account. You acknowledge that you are responsible for securing your own information, including passwords, keeping your sensitive information confidential, and taking responsibility for actions taken in connection with your user account.
You will only use Nucleus’s website or services for lawful purposes.
If you are under 13 years of age, you will need verifiable parental consent to use our services. Parents have the right to know what information we collect from children under 13 and how it is used. Namely, data from users under 13 is used for participation in online classes, for example, the collection of assignments for evaluation or posting questions for instructors in our posting system. Parents also have the right to request its deletion. If you are a parent with a child under 13 using this site, we will collect your email and send you important information for how to manage your child’s data while they use Nucleus related services.
You are at least 13 years of age, and you have consent from your parent to enter into this Agreement and to use this Website in accordance with the terms of this Agreement.
You are at least 18 years of age, and you possess the legal right and capacity to enter into this Agreement and to use this Website in accordance with the terms of this Agreement.
(1) Dispute Resolution:
(a) GOVERNING LAW AND FORUM SELECTION
The provisions of this Agreement and all suits and special proceedings under it be construed in accordance with and under and pursuant to the laws of the State of California. In any action, special proceeding, or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of California shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any action or special proceeding may be instituted.
The parties acknowledge, agree in, and submit themselves to the jurisdiction of the courts of Los Angeles County in the State of California for the present and the future with regard to the subject matter of the agreement in any and all other matters between the parties.
In any subsequent dispute, all provisions of this Agreement will be construed in the favor of Nucleus and its Agents.
(b) ARBITRATION OF DISPUTES AND CLASS ACTION WAIVER
Due to the great expense and length of time needed to achieve a resolution regarding a dispute between the parties in a public court, any controversy between the parties regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, including, but not limited to, malpractice claims, shall be submitted to binding arbitration upon the written request of one party after the service of that request on the other party.
The parties shall appoint one person as arbiter to determine the dispute. This person will be a licensed attorney in any state with greater than 5 years of experience practicing law or any retired judge. Any arbitrator selected must be neutral and independent and adhere to the Arbitration Ethics Guidelines adopted by the American Bar Association. If the parties cannot agree on a private arbiter, then the parties will use JAMS arbitration services. To the extent permitted, the cost of the arbitration shall be borne by the losing party or in such proportion as the arbitrator shall decide. Further, the parties acknowledge that costs and fees may be partially or completely taxed upon the non-prevailing party, and such costs may be substantial. The venue for the arbitration and or any legal dispute shall be the County of Los Angeles, California.
The parties hereby acknowledge that by submitting a dispute to arbitration, they are aware of the following: (1) they are waiving their right to a jury trial, (2) waiving their right to file a class action or become a class representative either in court or in the course of arbitration seeking relief on behalf of a class, (3) they waive their right to a judicial appeal of a decision of the arbitrator, except on such grounds permitted by the Federal Arbitration Act, (4) the possibility of a reduced level of discovery, and (5) relaxed application of the rules of evidence that occur in arbitration. The parties acknowledge that they have the right to independent counsel regarding the interpretation of this agreement and representation regarding a dispute under this Agreement. There is one exception to this arbitration agreement: if the amount in controversy is below the applicable threshold for small claims in Los Angeles, California, and the parties each waive their right to seek an amount greater than the applicable small claims threshold, then the parties may bring claims against each other in small claims court in the County of Los Angeles, California.
If any provision related to this arbitration agreement is found to be illegal or unenforceable, then such provision shall be severed from the arbitration agreement, but the rest of the agreement shall remain enforceable and in full effect. With respect to claims for public injunctive relief under California or other applicable law that, by law, may not be compelled to arbitration, you and Nucleus agree that the substance of any disputes where such public injunctive relief is available shall be decided by the arbitrator. Only if the claimant succeeds on its claim permitting the remedy of a public injunction may such claimant request that a court of competent jurisdiction enter an injunction in conformity with the arbitral award.
(2) Agreement Survives Incapacity.
This is a durable Agreement, and the parties agree that it will survive and remain in effect despite any impairment of your mental capacity, incapacity, or incompetence subsequent to your initial acceptance of all terms.
(3) Agreement Supersedes All Others.
This Agreement embodies the entire agreement between you and Nucleus and is the full and final expression of the intent of the parties with respect to the subject matter herein. This Agreement supersedes any other agreement, written or oral, in regard to the specific items covered by this Agreement, between Nucleus and any individual, and any and all prior, contemporaneous or future representations, conditions, warranties, understandings, negotiations, discussions, proposals, communications or previous agreements between the any individual and Nucleus, or an Agent of Nucleus and shall prevail notwithstanding any variance with any other agreement
(6) By Accepting this Agreement, you Certify the Following:
(a) You are at least 13 years of age.
(b) You, or your parent or guardian if you are under 18, understand the jurisdiction, standards and laws of the community, site and computer to which you are transporting this material and are solely responsible for your actions.
(c) If you use these services in violation of this agreement, you understand you may be in violation of local and/or federal laws and am solely responsible for your actions.
(d) You release and discharge Nucleus and its Agents from any and all liability which might arise from your actions on the Nucleus website.
(7) Release of Liability and Indemnification
The terms of this release are contractual and not a mere recital. By agreeing to this release, you are agreeing that you cannot hold Nucleus responsible for any injury that occurs as a result of this Website.
(8) General Release of Liability
In consideration of being permitted to access and use this website, and on behalf of yourself and your personal representatives, heirs, and next of kin, you release, waive, discharge and agree not to sue Nucleus its officers, agents, directors, and trustees (hereinafter "Agents" or "Releasees"), from all liability to yourself or to your personal representatives, assigns, heirs and next of kin for all loss or damage, and any claim or damage, on account of injury to your person or property or resulting in your death, whether caused by the negligence of Releasees or otherwise while you are accessing, viewing, reading or otherwise using the website.
You agree to indemnify Releasees and each of them from any loss, liability, damage or cost releasees may incur due to your use of the website, whether caused by the negligence of the Releasees or otherwise. you assume full responsibility for and risk of bodily injury, death or property damage due to negligence of Releasees or otherwise while you are accessing, viewing, reading or otherwise using Nucleus.
You agree that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of California and that if any portion of the agreement is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.
Being of lawful age, in consideration of being permitted to access and use of Nucleus, you do for yourself, your heirs, executors, administrators, and assigns, release and forever discharge Nucleus, its Agents and their heirs, administrators, and executors of and from any and every claim, demand, action or right of action, of whatsoever kind or nature, either in law or in equity arising from or by reason of any bodily injury or personal injuries known or unknown, death and/or property damage resulting or to result from any accident which may occur as a result of your use of Nucleus or any activities in connection with Nucleus whether by negligence or not.
You explicitly agree that Nucleus and its Agents may recover expenses incurred in defending any suit or arbitration, including reasonable attorneys' fees and costs.
(9) Disclaimer of Warranties and Representations
(a) No Professional Services, Representations or Warranties
You agree that Nucleus and its agents do not hold themselves out to offer or provide any kind of expert or professional training or knowledge in connection with Nucleus. agents make no warranties of fitness or quality of the content of any writings, threads, posts, emails, statements, private messages or other communications, nor are they under any obligation to monitor postings, chat service, blogs, or other communications on any part the Nucleus website.
(b) No Warranty as to Information
You understand that the materials and information you find on Nucleus are provided "as is," without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or advice provided through or in connection with Nucleus and any implied warranties of merchantability, fitness for a particular purpose, expectation of privacy or non-infringement.
You understand that the views and opinions of authors published on this site do not necessarily reflect those of Nucleus. Reference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by Nucleus. Nor shall any information or statements contained on the Nucleus site be used for the purposes of advertising, or to imply an endorsement or recommendation.
In the event Nucleus chooses to make a commercial recommendation you’ll see or hear an appropriate Federal Trade Commission compliant disclosure.
(11) No Warranty of Service.
You agree that Nucleus and its Agents make no representations or warranties regarding the availability, speed, reliability or continued existence of any portion of Nucleus’s website or services.
(12) No Responsibility for Links, Emails.
Nucleus’s website may contain links to sites which are not maintained by Nucleus’s owner. While Nucleus will try to include only links to those sites relevant to our users, under no circumstance will Nucleus or its Agents be held responsible or liable for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links does not imply endorsement by Nucleus of the linked or framed sites or their content.
(13) Ownership of website
The contents of the Nucleus pages, including, but not limited to text, graphics, photographs, and icons, are copyrighted materials owned or controlled by Nucleus and may contain Nucleus name, trademarks, service marks, and trade names. You understand that Nucleus assumes no responsibility for any other party's site linked to the Nucleus website. You agree not to use any material present on the Nucleus website without the express written agreement of Nucleus.
(14) SATISFACTION AND WAIVER OF STATUTE OF FRAUDS
This agreement is an electronic contract is a signed writing for purposes of the Statute of Frauds. You also agree not to raise the statute of frauds as a defense in a dispute over the enforceability of this Agreement.
(15) TERMINATION OF SERVICE
You agree that your access and use of Nucleus is subject to the terms of this Agreement AND the sole discretion of the Agents of Nucleus. You agree to abide by all decisions of the Nucleus regarding your use, access to the website.
(16) User Representation and Warranties
If you upload or submit material to Nucleus, e.g., homework or class assignments, you represent and warrant you have all the necessary rights to use the material you submit without violating the rights of any third party. These include, but are not limited to, trademark, copyright, privacy rights, publicity rights, common law rights, etc.
You agree to indemnify and release Nucleus from all liability (including costs and attorney’s fees) for claims relating to alleged or actual infringement of any third-party rights and any law to the extent that such claims relate to your use of Nucleus’s site and service.
(17) User Generated Content
From time to time, you may upload user generated content (“UGC”), like answers to questions, activities, homework assignments, or comments on course material, etc., to Nucleus.
To the extent that you provide UGC, you grant Nucleus a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the UGC. This license includes granting Nucleus the right to authorize third parties and Nucleus instructors to use your UGC with their registered students or other learners independent of Nucleus’s courses. Nothing in these terms shall restrict other legal rights Nucleus may have to UGC, for example under other licenses.
(18) Intellectual Property
Subject to these Terms and our policies we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use Nucleus’s services. You may download content from our services only for your personal, non-commercial use, unless you obtain our written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by Nucleus, and you will not share access to your account or access information for your account with any third party. Using our services does not give you ownership of or any intellectual property rights in our services or the content you access.
(19) No Academic Credit
Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of Nucleus courses does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a Nucleus course unless you have earned a course certificate or other equivalent documentation of your completion of the Nucleus course. Nucleus and its instructors have no obligation to have Nucleus courses recognized by any educational institution or accreditation organization.
(20) Data Requests
To send a General Data Protection Regulation (“GDPR”) data subject request or CCPA consumer request please email us at firstname.lastname@example.org.
(21) Copyright and DMCA
Nucleus respects the intellectual property rights of instructors, users, and other third parties and expects our users to do the same when using the Nucleus’s services. We reserve the right to suspend, disable, or terminate the accounts of users who infringe or are charged with infringing the copyrights, trademarks, or other intellectual property rights of others.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
If you believe in good faith that materials on the Nucleus platform infringe your copyright, the DMCA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it 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 is allegedly infringed;
identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the platform are covered by a single notification, a representative list of such works);
identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Nucleus to locate the material on the platform;
the name, address, telephone number, and email address (if available) of the complaining party;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to Nucleus’s services can either be sent:
via mail: 1644 Wellesley Ave, Los Angeles, CA 90025
via email: email@example.com
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
(22) THIS IS THE FINAL AGREEMENT
This Agreement constitutes the entire agreement of the parties and controls over all prior or contemporaneous representations, proposals, discussions, and communications, whether oral or in writing. This Agreement may be modified only in writing and shall be enforceable in accordance with its terms when signed by each of the parties.
By using Nucleus’s services you agree to the items in this content policy. Nucleus reserves the right to terminate your activity on the Nucleus site for any reason it sees fit. The following are rules and guidelines that govern specific behavior of Nucleus users.