Beyond the Classroom Terms of Service and Conditions of Use
The following Terms of Service and Conditions of Use (“Terms”) are entered into by and between the Parent (“You”) and Beyond the Classroom, LLC (“Company”, “we”, or “us”).
These Terms, together with any documents they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use of our Websites, including any content, functionality and services we offer to Parents and Participants. Please read these carefully. By using our Websites, you agree to obey these Terms. These Terms also apply to your Participant’s use of our Websites. You have sole responsibility for monitoring and managing the Participant’s access to our Websites.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITES. BY ACCESSING OR USING OUR WEBSITES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITES. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITES. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITES AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.
OUR WEBSITES AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OUR WEBSITES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING (BUT NOT LIMITED TO) THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
These Terms are incorporated into the Parent’s and Participant’s Beyond the Classroom Program Contract and Consent. Any other policies, notices, or other legal/administrative pages contained in our Websites are necessarily incorporated into these Terms. This may include, without limitation, a DMCA Policy, Privacy Policy, Disclaimer, Copyright Notice, Anti-Spam Policy, and FTC Compliance Policy.
You agree to obey all applicable laws and regulations regarding your use of our Websites and the content and materials provided in them.
Our Websites are independent, stand-alone entities that have no relationship, connection, or affiliation whatsoever with any company, person, outfit, organization, or group mentioned herein, even if such name appears in our Websites’ name, domain, URL, or otherwise. You should assume no other party, by mere mention of their name, has endorsed anything you see here. The aim is simply to provide useful resources for our Participants and Parents. We are not compensated by any third party for any service or mention of their name.
Copyright, Licenses, and Idea/User Submissions
The entire contents of our Websites are protected by intellectual property law, including international copyright and trademark laws. The owner of the copyrights and/or trademarks is Beyond the Classroom, LLC.
You do not own rights to any article, book, eBook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording, or other materials viewed or listened to through or from our Website or via email or by way of protected content in our Websites. The posting of any data, information or responses to coaching sessions on our Websites does not change this fact and does not give you any rights to the data. You surrender any rights to your content once it becomes part of our Websites.
The content on our Website is for Parents’ and Participants’ use in our Programs. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any content on our Websites for any other purpose.
You are granted a nonexclusive, nontransferable, revocable license to use our Websites only for use with the Program and Content you have purchased from us. You may print and download portions of our Websites’ Content solely for your own non-commercial use. You may not change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download.
You may not sell or modify the Websites’ content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose. The use of paid content on any other Websites or in a networked computer environment for any purpose is prohibited. If you violate any of these Terms, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.
Parents and Participants agree to use the Content and services offered through our Websites in a manner consistent with all applicable local, state, and federal laws and regulations. No material shall be stored or transmitted that infringes or violates the rights of others, which is unlawful, obscene, profane, indecent, or otherwise objectionable, threatening, defamatory, or invasive of privacy or publicity rights.
Our Websites prohibit conduct that might constitute a criminal offense, give rise to civil liability, or otherwise violate any law. Any activity that restricts or inhibits any other Participant from using the Websites is prohibited. You may not post or transmit advertising or commercial solicitation on our Websites.
You agree to grant to our Websites a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of our Websites (such as bulletin boards, forums, blog, and newsgroups) or by e-mail to our Websites by all means and in any media now known or hereafter developed. You also grant our Websites the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no recourse against our Websites for any alleged or actual infringement or misappropriation of any proprietary right in your communications to our Websites.
Trademarks
Publications, products, content, or services referenced herein or on our Websites are the exclusive trademarks or service marks of our Websites or related parties. Other products and company names mentioned on our Websites may be the trademarks of their respective owners.
Use of Our Websites
You agree, acknowledge, and accept that we are not trained professionals and do not purport to render professional or expert advice in any arena.
Data contained on or made available through our Websites is not intended to be and does not constitute, legal advice. Our Websites, and your use of it, do not create an attorney-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our Websites.
Data contained on or made available through our Websites is not intended to be and does not constitute medical or health advice. Our Websites, and your use of it, do not create a physician-patient relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our Websites.
Data contained on or made available through our Websites is not intended to be and does not constitute, financial/investing advice. Our Websites, and your use of it, do not create an advisor-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our Websites.
Your use of our Websites or materials linked to our Websites is completely at your own risk. You should not act or depend on any data on our Websites, where applicable, without seeking the counsel of a competent lawyer licensed to practice in your jurisdiction for your particular legal issues. You should not act or depend on any data on our Websites, where applicable, without seeking the counsel of a competent physician licensed to practice in your jurisdiction for your particular medical issues. You should not act or depend on any data on our Websites, where applicable, without seeking the counsel of a competent financial advisor licensed to practice in your jurisdiction for your particular financial needs and issues.
We may make changes to the features, functionality, or content of our Websites at any time. We reserve the right in our sole discretion to edit or delete any data appearing on our Websites.
Your Duty To Other User
Your use of our Websites is for your own personal, non-commercial benefit. In no way are you to leverage our Websites in a way that mines for the personal information of others, whether in blog comments or otherwise, for your own use or for the benefit of others. This includes, but is not limited to, spam (unsolicited commercial email).
If you inadvertently obtain personal information about other users, you shall not share this with anyone else.
Restricted Access
Access to certain areas of our Websites is restricted. We reserve the right to restrict access to other areas of our Websites, or indeed our whole Websites, at our discretion.
If we provide you with a user ID (username) and password to enable you to access restricted areas of our Websites or other content or services, you must ensure that that user ID and password are kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of our Websites or any other contractual obligation you owe to us.
Third-Party Products/Services
You understand that, except for information, products, or services clearly identified as being supplied by our Websites, our Websites do not operate, control, or endorse any information, products, or services on the Internet in any way. Except for information identified by our Websites as such, all information, products, and services offered through our Websites or on the Internet generally are offered by third parties that are not affiliated with our Websites, and we may be compensated.
Viruses, etc.
You also understand that our Websites cannot and does not guarantee or warrant that files available for downloading through our Websites will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for the accuracy of data input and output, and for maintaining a means external to our Websites for the reconstruction of any lost data.
Assumption of Risk
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITES AND THE INTERNET. OUR WEBSITES PROVIDE WEBSITES AND RELATED INFORMATION “AS IS” AND DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND OUR WEBSITES SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE, AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. OUR WEBSITES HAVE NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.
Limitation of Liability
The content may contain inaccuracies or typographical errors. Our Websites make no representations about the accuracy, reliability, completeness, or timeliness of the content or about the results to be obtained from using our Websites or the content on it. Use of our Websites and the content is at your own risk. Changes are periodically made to our Websites and may be made at any time.
OUR WEBSITES DO NOT WARRANT THAT OUR WEBSITES WILL OPERATE ERROR-FREE OR THAT OUR WEBSITES AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, OUR WEBSITES ARE NOT RESPONSIBLE FOR THOSE COSTS.
Express Disclaimer of Consequential Damages
IN NO EVENT WILL OUR WEBSITES, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT OUR WEBSITES BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITES OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH OUR WEBSITES AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM OR RELATED TO OUR WEBSITES. THIS IS IN PLACE OF ANY AND ALL OTHER REMEDIES OTHERWISE AVAILABLE.
Links to Other Websites
Our Websites may contain links to third-party Websites. Our Websites make no representations whatsoever about any other Websites which you may access through this one or that may link to our Websites. When you access Websites from our Websites, please understand that it is independent of our Websites and that our Websites have no control over the content on those Websites. These links are provided solely as a convenience to you and not as an endorsement by our Websites of the contents on such third-party Websites. Our Websites are not responsible for the content of linked third-party Websites and do not make any representations regarding the content or accuracy of material on such third-party Websites. If you decide to access linked third-party Websites, you do so at your own risk. We do not necessarily endorse, recommend, suggest, or otherwise make any overture or prompt for action regarding any product or service offered. You should assume we are compensated for any purchases you make. Again, any income claims should be construed as atypical results and you assume the risk that inferior results obtain, including losses, for which we carry no responsibility or liability.
User Submissions
As a user of our Websites, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of our Websites or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
Our Websites do not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of our Websites or endorse any opinions expressed by users of our Websites. You acknowledge that any reliance on material posted by other users of our Websites will be at your own risk.
Our Websites do not necessarily screen communications in advance and is not responsible for screening or monitoring material posted by users of our Websites. If observed by our Websites and/or notified by a user of communications that allegedly do not conform to this agreement, our Websites may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Our Websites has no liability or responsibility to users of our Websites for the performance or nonperformance of such activities. Our Websites reserves the right to expel users of our Websites and prevent their further access to our Websites for violating this agreement or any law or regulation and also reserves the right to remove communications that are abusive, illegal, or disruptive.
Indemnification
You agree to indemnify, defend, and hold harmless our Websites, its members, officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to our Websites from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any use of our Websites or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing our Websites.
Third-Party Rights
The Use of the Service and Indemnification provisions are for the benefit of our Websites and its owners, officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
Term & Termination
We reserve the right to investigate complaints or reported violations of these Terms of Service and Conditions of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses, and traffic data.
This Agreement, in whole or in part, may be terminated by Beyond the Classroom, LLC without notice at any time for any reason. The Copyright, Licenses, and Idea Submissions; Use of the Service, Indemnification, Third Party Rights, Hiring an Attorney / No Attorney-Client Relationship, and Miscellaneous Provisions shall survive any termination of this Agreement, in whole or in part.
Governing Law
This Agreement shall be treated as though executed, set in force, and performed in the State of Illinois. Accordingly, it shall be governed and construed in accordance with the laws of Illinois in terms of those applicable to agreements, without regard to conflict of law principles.
Disputes
Any cause of action by you with respect to our Websites must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of Service and Conditions of Use or our Websites, excluding intellectual property right infringement and other claims by us, shall be settled confidentially through mandatory binding arbitration per the American Arbitration Association commercial arbitration rules. The arbitration shall be conducted in Illinois. Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. All claims shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
Modification
Neither the course of conduct between the parties nor industry trade practice shall act to modify any provision of this Agreement.
Assignability
Our Websites may assign its rights and duties under this Agreement to any party at any time without notice to you.
Severability
Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions so that they remain in full force and effect.
This Agreement Prevails
To the extent that anything in or associated with our Websites is in conflict or inconsistent with these Terms of Service and Conditions of Use, these Terms of Service and Conditions of Use shall take precedence.
Waiver
Our failure to enforce any provision of these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision.
Our rights under these Terms of Service and Conditions of Use shall survive any termination of this agreement.
Any rights not expressly granted herein are reserved to Beyond the Classroom, LLC.
CHANGE NOTICE: As with any of our administrative and legal notice pages, the contents of these terms and conditions can and will change over time. Accordingly, this document could read differently as of your very next visit. These changes are necessitated, and carried out by Beyond the Classroom, LLC, in order to protect you and our Websites. If this page is important to you, you should check back frequently as no other notice of changed content will be provided either before or after the change takes effect.
QUESTIONS/COMMENTS/CONCERNS: If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by visiting: https://www.beyondtheclassroom.co/contact
Effective as of January 10, 2023