Society of Actuaries (“SOA”) Learning Companion Terms and Conditions

By using the Learning Companion (“Learning Companion”) (“User”), User agrees to these terms and conditions of use (“Learning Companion terms”). In addition to Learning Companion terms, Users that are current SOA candidates and members agree to adhere to SOA's Terms and Conditions Agreement for e-Learning Candidates. The SOA may at any time revise these Learning Companion terms; User's continued use of Learning Companion will confirm User's acceptance of the change(s).

1. DEFINITIONS.

   “Learning Companion” shall mean the online tool provided by the Society of Actuaries (“SOA”) that allows Users to engage with each other in real-time, either through groups related to the examinations, modules, and/or assessments they are currently enrolled in, or through direct messages to other Users. The SOA may add new features and educational resources to Learning Companion from time to time.

2. PROPER USE OF LEARNING COMPANION.

   Users are encouraged to use Learning Companion for appropriate collaboration and discussion on approved assessments and modules, including FAP modules, FSA modules, the FAP Final Assessment, and as otherwise permitted under the Terms and Conditions Agreement for e-Learning Candidates. All use of the Learning Companion should follow the letter and spirit of the Code of Professional Conduct and/or SOA's Code of Conduct for Candidates, as applicable.

   Users may not use or attempt to use Learning Companion for commercial purposes. Contacts and communications initiated through Learning Companion may not include advertisements for goods or services, "spam," solicitations, chain letters, surveys, pyramid schemes or other material considered unprofessional.

   Users should not use Learning Companion to harass, discriminate against, or otherwise bother other Users, entities, or individuals displayed in Learning Companion. Users may not use Learning Companion in a manner or for a purpose that could violate federal or state antitrust laws. Users may not use Learning Companion to promote or provide instructional information about illegal activities or for any purpose that may be illegal.

   Misusing Learning Companion to engage in improper collaboration, sharing, discussion on assessments/modules where discussion is not allowed, and/or sharing your module/assessment materials through Learning Companion is a violation of these Learning Companion terms and the Terms and Conditions Agreement for e-Learning Candidates, and may also be a violation of the applicable code of conduct.

3. SOA MONITORING OF LEARNING COMPANION.

   The SOA monitors the discussion in the Group forums only for compliance with these Learning Companion terms and the Terms and Conditions Agreement for e-Learning Candidates. The purpose of the Learning Companion is to provide a place for Users to connect; SOA staff and volunteers will not be participating in the groups’ discussions.

   The SOA values and respects your privacy, and DOES NOT monitor the private direct message feature. All communications through those channels are considered private and confidential to the Users involved. However, all Users are reminded of their responsibility to notify the SOA of any action or communication that violates these Learning Companion terms and/or the Terms and Conditions Agreement for e-Learning Candidates, which may necessarily include screenshots of direct messages involved in the violation.

4. DATA PROTECTION.

   Access to the Learning Companion is available to any individual who has purchased an SOA e-Learning course/module/assessment and who opts-in to the Learning Companion. Users can control what personal information can be seen by others; the only personal data shared is what the User decides to share. Users will only be able to participate in the Groups that correspond to the e-Learning products they have purchased, so by participating in the Groups, a User is making other Users aware that he/she is working on that module/exercise/assessment, only as identified by his/her chosen on-screen name. The SOA uses the information provided in and from Learning Companion in conformity with the SOA Privacy Policy.

5. PROPRIETARY RIGHTS AND LICENCE.

   All trademarks, copyright, and other intellectual property rights of any nature in Learning Companion together with the underlying software code are owned either directly by the SOA or by their licensors. Information contained in Learning Companion may not be copied, reproduced, republished or sold, posted, transmitted, distributed, modified, used for the creation of mailing lists, or used for the creation of derivative works without SOA's prior written consent. The SOA grants User a non-exclusive, non-transferable, limited license to access, display and/or download information from Learning Companion solely on User's computer and for User's personal, non-commercial use and in accordance with these terms and the Terms and Conditions Agreement for e-Learning Candidates.

6. CONDITIONS OF USE.

   User will not, nor allow third parties on your behalf, to (i) make and distribute copies of Learning Companion; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate Learning Companion; (iii) create derivative works of Learning Companion of any kind whatsoever; (iv) use Learning Companion in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Learning Companion terms, or act fraudulently or maliciously for example by hacking into or inserting malicious code into Learning Companion or other operating systems; (v) or use Learning Companion in a way that could damage, disable, overburden, impair or compromise the SOA, its systems or security or interfere with other Users.

   Learning Companion is currently made available to User for your personal, non-commercial use. The SOA reserves the right, in its sole discretion, at any time and for any reason, to (i) amend or withdraw Learning Companion, (ii) change the terms and conditions upon which Learning Companion is provided, (iii) charge for Learning Companion in accordance with these Learning Companion terms, (iv) or, without notice, terminate or otherwise limit User’s access to Learning Companion in the event that the SOA believes that the User is in breach of or has failed to comply with any of Learning Companion terms.

   If you use Learning Companion on your mobile device, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing Learning Companion. The SOA accepts no liability for any charges or fees associated with mobile use of Learning Companion.

7. AVAILABILITY.

   The SOA will use reasonable efforts to make Learning Companion available at all times. However, User acknowledges Learning Companion may be affected by factors outside of the SOA’s reasonable control and may be rendered unavailable during periods of maintenance. The SOA does not accept any responsibility whatsoever for unavailability of Learning Companion, or any difficulty or inability to access content or any other communication system failure which may result in Learning Companion being unavailable.

   The SOA provides support and maintenance for Learning Companion. Support for Learning Companion can be accessed by contacting eLearn@SOA.org. The SOA will not be responsible for ensuring 100% availability of Learning Companion. Support requests will be responded to within approximately two business days.

8. DISCLAIMER OF WARRANTIES.

   Participation in or use of Learning Companion is voluntary and is provided only as a service to Users. The SOA is not responsible for any connections or interactions established using the tool. The SOA is not responsible for the security of information posted on or obtained from Learning Companion. Participation in Learning Companion is done for the User’s own benefit and at the User’s own risk. The SOA makes no warranty, guarantee, or representation as to the accuracy or sufficiency of the information provided through Learning Companion.

   The SOA disclaims all express and implied warranties with regard to Learning Companion. Learning Companion is provided "as is" and "as available". THE SOA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF ANY USER'S USE OF, REFERENCE TO, RELIANCE ON, OR INABILITY TO USE, LEARNING COMPANION OR THE INFORMATION PRESENTED IN LEARNING COMPANION.

Updated 12/31/18