Terms of Service
1. ACCEPTANCE TERMS OF SERVICE
We (hereafter referred to
as "Provider", "we", "us" or "our") provide
an exclusive array of tech-focused educational offerings. These services are
available as a browser-based application (“Services”).
By visiting the website ("Sites") and/or registering for the Services, you accept that you are entering into a binding contract with us governed by the Terms of Service, Additional Terms if applicable, and Privacy Policy.
Please take the time to read and understand the Terms of Service. If you do not agree with the Terms of Service, Additional Terms as well as the Privacy Policy, please don’t use the Sites or any of the Services.
The Terms of Service, Additional Terms and Privacy Policy may be updated without prior written notice to you at any time. These changes will form part of the Terms of Service, even if you do not re-use the Sites. You are responsible for being familiar with any amendments or modifications of the Terms of Service, Additional Terms and Privacy Policy.
2. ACCESS AND AVAILABILITY
The fees shall become due upon purchase of the subscription irrespective of whether or not you actually use the Service; the consideration for the fees shall solely be the provision of the right to download, receive and/or access the content.
You are fully responsible for all activities that occur through your subscription. That responsibility includes, but is not limited to, the responsibility that you ensure timely payment of any fees, tariffs or other charges for getting access to the Services or any products and services made available through the Services. You agree to notify us immediately in case you become aware of or suspect unauthorized use of your subscription or any other breach of security.
To make the most out of our Service you must have the necessary mobile communication means with easy internet access. Some wireless applications are only available for a select number of mobile devices. This is an issue with its manufacturers, hence out of the control of Provider. To prevent any disappointment, we ask you to check the compatibility of your device before subscribing to the Service
You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Provider's operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Provider shall have the right to immediately terminate or suspend the Service.
3. AGE RESTRICTION
4. FEES
The charges will be invoiced through the mobile bill you receive from the mobile operator of your network or through any other selected payment method. Separate text message fees and/or network fees from your mobile operator or payment processor can apply.
In the free welcome message or email you will find information about the Service fee and the frequency of the Service. We ask you to check and store this welcome message or email.
All fees, including fees for existing subscription contracts, are subject to change upon notice from us. We will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription effective immediately upon termination.
5. SECURITY AND REGISTRATION OBLIGATION
You are responsible for maintaining the secrecy of any passwords and/or accounts issued to you by Provider, and you are fully liable for all actions carried out involving the use of your password or account. You should contact Provider if you notice or suspect that unauthorized use has been made of your password or account, or any other breach of security.
Provider may provide you with access to some Services without being registered, such as sign-up via your mobile device for the Service. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number.
6. CHANGES OF THE SERVICES
7. CODE OF CONDUCT
a. you will not use the Services for any illegal, unauthorized or commercial purpose;
e. you will not use the Service in any way which violates, plagiarizes or infringes upon the rights of Provider or any third party, including but not limited to any copyright or privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law; and
8. BREACHING TERMS
a. send you one or more formal warnings;
You agree that you will not receive a refund of subscription fees already paid to us.
Where we suspend or prohibit or block your access to the Services or a part of the Services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
9. PRIVACY POLICY
10. INDEMNIFICATION
11. CANCELLATION AND TERMINATION
When your country of residence is part of the European Union and you have purchased a subscription, you have the right to withdrawal from a subscription within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of purchase of subscription. To exercise the right of withdrawal you must inform us of your decision to withdraw from the purchase by an unequivocal statement. You may use enclosed European model withdrawal form, but this is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. If you withdraw from the purchase, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdrawal from the purchase. You will not incur any fees as a result of such reimbursement. If you us the Service during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from the subscription, in comparison with the full coverage of the subscription. The right of withdrawal does not apply for renewal of subscription.
12. ADVERTISING
You have the right to ask us at any time not to contact you by way of direct marketing.
The inclusion of any advertising or promotion on our Sites or in our Services does not constitute any endorsement by Provider of such content, product, service or company. Provider shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties. You agree that provider is not liable for any damage of any nature whatever that may be the result of such transactions.
13. INTELLECTUAL PROPERTY RIGHTS
You are aware and agree that software used in connection with the Service (“Software”), the Sites as well as the Services contain information and marks that is protected by valid and applicable copyright law, trade secret law, trademark law and any other intellectual property rights and laws. Except as otherwise set forth herein, all now known and hereafter rights of every nature worldwide pertaining to the Sites, Services and Software in or as part of any version, belongs to us at all times (“Intellectual Property Right”).
You agree to make no claim of interest in or ownership of any Intellectual Property Rights and you acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, other than the rights expressly granted in the Terms of Service and/or Additional Terms.
You guarantee that you will not amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products partially or entirely derived from the Service or the Software except in the event that Provider has given you explicit written permission to do so.
Provider hereby grants you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and non-assignable license and permission to install the Software and download the content to use the Service on a designated compatible mobile device solely for your own personal non-commercial use and to use the Software and the Sites solely in accordance with the Terms of Service and Additional Terms, as long as you do not copy, alter or amend any Software, source codes or content, or reproduce, modify, perform, transfer, distribute, sell, resell, create a derived product or content from it, or carry out reverse engineer or reverse assembly those, or otherwise attempt to find a source code, and you agree not to sell any rights related to the content, the Software and the Intellectual Property Rights, code those, issue sub-licenses for those, encumber those with security rights or otherwise transfer those. You guarantee that you will not amend the content, the Software and Intellectual Property Rights in any way or use amended versions of the Software and Intellectual Property Rights, including (but not limited to) in order to gain unauthorized access to the Service. You guarantee that you will only use the interface provided by the Provider in order to access the Service. Provider herewith grants permission to make only one copy of the information on the equipment you use for gaining access to the Service and to use and display the copy of the Registered Information made on that equipment for private purposes.
We respect the intellectual property rights of others and expect you to do the same. We enforce third party’s intellectual property rights and can, in appropriate circumstances, suspend or terminate the accounts of subscribers or users who are infringers. We will respond expeditiously to claims of copyright infringement committed using our Services and/or Sites, if such claims are reported to our Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the our website by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to our Designated Copyright Agent. Upon receipt of the notice as described below, we will take whatever action, in own sole discretion, it deems appropriate, including removal of the challenged content from the Services and/or Sites.
To file a DMCA Notice of Alleged Infringement, please:
1) Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of copyrighted works that you claim have been infringed.
2) Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Services and/or Sites or the exact location where such material may be found. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
3) Provide your full legal name and your electronic or physical signature.
4) Include both of the following statements in the body of the notice: “I hereby state that I have good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)” and “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed”.
Finally,
deliver this notice, along with all items completed to our Designated Copyright
Agent:
14. NO WARRANTY
15. LIMITATION OF LIABILITY
16. GENERAL INFORMATION
You may not transfer any of your rights or delegate any of your obligations under this agreement without our prior written consent. Nothing in this agreement affects your statutory rights as a consumer.
17. GOVERNING LAW, JURISDICTION AND SEVERABILITY
When your country of residence is part of the United States of America, notwithstanding anything to the contrary in these Terms of Service and Additional Terms, the applicable federal laws of the United States of America and the laws of the State of Texas, without reference to conflict of law principle, will govern the relationship between you and Provider under these Terms of Service and Additional Terms. You and Provider hereby waive any right with respect to any action brought in connection with the Terms of Service and Additional Terms (i) to a jury trial, and (ii) to join any claim with the claim of any other person or entity in a lawsuit, arbitration or other proceeding, or to otherwise file a class action or seek relief on a class basis. Except as provided herein, disputes will be submitted to final and binding arbitration before a single arbitrator through telephone hearing or by in-person hearing in the county where you reside, in Dallas Texas, or in any other location that you and we mutually agree to. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures and judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude you or us from (i) seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, or (ii) filling claims on an individual basis, if they qualify under applicable rules, in an appropriate small claims court.