1. INTRODUCTION
Welcome to the Internet site operated by Beyond Speech Therapy Learning, LLC. ("we", "our" and "us"). The Internet site is a fee based service and is made available to you for your personal use only. We may offer a wide variety of resources, products and services, which includes advertising, and information, some or all of which may be accessed through a variety of means (all of which are collectively called our "Site" or "Sites"). The term "you" or "your" includes any of your subsidiaries, affiliates, employees and parent or legal guardian. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USE OF THIS SITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THIS SITE. By accessing or using our Site in any way you agree that you have read, understand and agree to be bound by and to comply with these Terms of Use, including any documents, policies and guidelines incorporated by reference (referred to collectively as the "Terms"). Certain services which may be available from third parties through our Site, especially services for which you are asked to subscribe or pay money, may have their own terms and conditions that apply to your purchase or use of that particular service. The Terms do not alter in any way the terms or conditions of any of these other written or online terms and conditions or agreements you may have or will have with us, including any other website terms of use with us or any of our affiliates. To the extent that there is any conflict between these Terms and any terms and conditions or agreements relating to products or services you have purchased or online tools you use or to which you subscribe, the most restrictive of these terms and conditions or agreements will govern.
2. AUTHORITY
By using our Site, you represent that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, please exit the Site.
3. SERVICE FEE
You agree to pay us each month, for your access to and use of the Site for all or any portion of that month a service fee of $19.99 for each month from May through August 2011 and $34.99 for each month thereafter. Monthly payments for each month are due on the 1st of each month. We will charge the credit card listed by you on your Recurring Charge Credit Card Authorization form for the service fee of $19.99 for each month from May through August 2011 and $34.99 for each month thereafter, plus any applicable sales use or similar tax. If any monies remain unpaid for 15 days after the due date thereof, you shall pay a late charge of 10% per annum of the payment or payments overdue, computed on a per diem basis from the original due date until received by us. If collection is necessary, you agree to pay all costs incurred in connection with such collection, including attorney’s fees and costs of appeals. You agree to pay, upon demand, any and all sales, use, or other similar tax which may be assessed on us by any governmental agency on any aspect of the transactions contemplated hereby under the Terms.
4. CHANGES TO THE TERMS OR SITE
We may change or modify the Terms from time-to-time without notice other than posting the amended Terms on the Site. The amended Terms will automatically be effective when posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes. We reserve the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).
5. REGISTRATION, PASSWORD AND SECURITY
Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, we may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof).
When you register to use our site you will be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of ours under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder.
The security of your personally identifying information is important to us. While there is no such thing as "perfect security" on the Internet, we will take reasonable steps to help insure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that we make no warranty, guarantee, or representation that use of any of our Site is protected from viruses, security threats or other vulnerabilities.
6. PRIVACY POLICY
Please view our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with our Site. Our use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of the Site you consent to the collection and use of this information (as set forth in the Privacy Policy).
7. COPYRIGHT AND AUTHORIZATION
The Site provides you access to a wide variety of information, communications, advertising and other services, products, data and materials ("Content"). Some of the Content is owned by us and/or our affiliates. Other portions are owned by third parties. Some third parties advertising on the site may require you to download software ("Software") in order that you may access the Site, the services provided through their site and/or its content. The Software may be our property or the property of a supplier, or vendor. The Content and Software are protected by a variety of laws governing the use of copyrights, trademarks, patents, or trade secrets. Subject to the rules and limitations set forth in the Terms, you are granted a limited, non-sublicensable, non-exclusive right to access the Sites, the Content and the Software for your personal non-commercial use only, except as otherwise permitted. Without limiting the generality of the foregoing, no Software or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into Cuba, North Korea, Iran, Sudan, Syria or any other country for which the U.S. maintains an embargo on such exports, or (b) to a person or entity identified on lists of the U.S. Treasury Department (e.g., Specially Designated Nationals, Denied Persons or Entities) or the U.S. Commerce Department (e.g., Entity List, Table of Deny Orders), which control such exports. By downloading or using the Software or underlying information or technology, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. To report a copyright violation, you may send a notice of the alleged violation that complies with the terms and conditions of the Digital Millennium Copyright Act ("DMCA") to: DMCA Notices Attention: Michaelanne Pelleya P.O. Box 812127 Boca Raton Florida 33481. For more information about the DMCA please visit http://copyright.gov. If we learn of a violation we may, in our sole discretion, take any of the following actions: (i) issue a warning; (ii) suspend or terminate any service on the Site; (iii) impose additional fees or charges; (iv) remove the offending content; and (v) take any other action we deem reasonable and allowed by law. We reserve the right to cooperate with any third-party investigations of alleged illegal or improper activity related to the Site. We specifically reserve the right to revise or reject any content at any time for any reason and may monitor any communications using network facilities. This includes efforts to prevent the introduction of viruses or other hostile code or ensure compliance with laws and our guidelines, procedures and technical requirements or otherwise.
8. TRADEMARKS AND SERVICE MARKS
Trademarks that are used or displayed on the Sites are owned by us or by third parties other than us that offer and provide products and services on or through the Sites. The trademarks may not be copied or used, in whole, partial or modified form, without our prior written permission or, if applicable, its Licensor. In addition, our custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without our prior written permission. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use any metatags or any other "hidden text" utilizing our name, trademark, or product name without our express written consent.
9. THIRD-PARTY PRODUCTS AND SERVICES
Parties other than us may offer and provide products and services on or through the Sites. Except for our branded information, products or services that are identified as being supplied by us, we do not operate, control, or endorse any information, products, or services on the Sites or accessible through the Sites in any way. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. The Sites may contain links to other websites not operated by us. The links are provided for your convenience. The inclusion of any links to other websites does not imply affiliation, endorsement or adoption by us of those websites or the contents therein. We are not responsible for the contents, links or privacy of any linked website. Access to any other websites linked to the Sites is at your own risk. When leaving the Site, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of that third-party website.
10. ONLINE ORDERS
In order to protect us and our customers from fraudulent activity, we may implement reasonable procedures regarding any online orders including but not limited to validating information provided or limiting the amount of product and/or services that may be ordered online by a single individual or entity. We reserve the right to further limit quantities or to cancel or reject orders in its sole discretion.
11. SUBMISSIONS TO US
You agree not to propose, or submit to us ideas, concepts, copy, proposals, inventions, methods or techniques for new or proposed services or products (collectively referred to as "Submitted Material ") through the Site. In the event you do so, you hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you. You also grant to us the right, at our sole discretion, 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 to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that we are not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to us, irrevocably waives any and all "moral rights" in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you submit, that the Submitted Material is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.
12. ACCEPTABLE USE
You agree you will not use this site and the Content (whether provided by us or others), as well as any Software provided in connection with the Site in any way that: is contrary to these Terms; is unlawful; or harms us, our affiliates, sub-licensees, resellers, distributors, service providers, advertisers and/or suppliers or any customer thereof; other users of this Site; this Site; or the network to which it is connected, as determined in our sole discretion. Without limiting the foregoing, you agree that you will access and use this Site for your personal use only. You agree that you will not allow others to access the Site for any purpose. Additionally, you agree that you agree, you will not take any of the following actions with respect to our Site, related Software, or Content, nor will you use our Site or related Software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any Content or use our Site in any manner that:
- contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
- disrupts, interferes or inhibits any other user from enjoying the Sites or other affiliated or linked websites, material, content, products and/or services.
- uses any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products and/or services;
- prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party;
- publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;
- systematically collects and uses any Content including the use of any data mining, or similar data gathering and extraction methods;
- makes derivative uses of the Sites or the Content;
- uses, frames, or utilizes framing techniques to enclose any portion of the Sites (including the images found at the Sites or any text or the layout/design of any page or form contained on a page); and/or
- modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our Site. For purposes of these Terms, "reverse engineering" shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of our Site's underlying technology.
13. SITE SECURITY
You agree that you will comply with any security processes and procedures (such as passwords) specified by us with respect to access to or use of the Site. Further, you agree not to access or attempt to access any areas of or through this Site that are not intended for general public access, unless you have been provided with express written authorization by us. You agree that you will not disrupt the functioning of this Site or otherwise act in a way that interferes with other users’ use of the Site. Violating the security of our Site is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
14. GEOGRAPHICAL RESTRICTIONS
Unless expressly and specifically stated otherwise on the Site, we provide this Site for use only by persons located within the United States. We make no representation that all products, services and/or material described on the Site are appropriate or available for use in locations outside the United States or all territories within the United States. Those who choose to access our Site from other locations do so on their own initiative and are responsible for compliance with local laws.
15. GENERAL PRACTICE REGARDING USE AND STORAGE
You acknowledge that we may establish general practices and limits concerning use of the Site including without limitation the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. Your use of this Site constitutes your consent to allow us to store electronic communications on its servers. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Site. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF OUR SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITES, ANY SITE-RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR SITE, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITH THE SITES AND ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
- WE AND OUR RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FROM THE SITE ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL OBTAINED THROUGH THE USE OF OUR SITE OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE USE OF OUR SITE OR OUR SOFTWARE.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SITE SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF OUR SITE SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.
17. ENFORCEMENT
We reserve the right but do not assume the obligation to strictly enforce these Terms, including without limitation by issuing warnings, suspension, or termination of access to the Sites and/or services, and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue. We may access, use, and disclose transaction information and any Content provided by you to comply with the law (e.g., a lawful subpoena) or based on our reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these Terms), to initiate, render, bill, and collect for products and services, to protect our rights or property, or to protect users of our services, the Site and other persons or entities from fraudulent, abusive, or unlawful use of the Site or any such services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.
18. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
19. INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our underlying content and service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, made by any third-party due to or arising out of Submitted Material or any other content you submit, post or upload to or transmit through our Site, your use of our Site, your connection to our Site, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with us or your use of our Site. We reserve the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
20. TERMINATION/SUSPENSION
You agree that we may immediately terminate or suspend your account, any associated email address, and access to all or any part of the Sites or change your password without notice. Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Sites (or any part thereof,) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes (or, if we elect instead to suspend your account, may include any one or more of the following) (a) removal of access to all offerings within the Sites, (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the Sites. You agree that all terminations and suspensions for cause shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the Sites. Further, we reserve the right, to immediately terminate or suspend your account, any associated email address, and access to the Sites at any time for any reason, without cause, and without notice to you in our sole discretion.
21. MISCELLANEOUS
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
We reserve all rights not expressly granted to you. An express condition of the license granted to you in these Terms is that we shall at all times retain ownership of the Site and all information and materials provided you hereunder regardless of the form or media in or on which the original and other copies may subsequently exist. The license is not a sale of the Site content.
Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of the Terms. We may assign our rights and duties under the Terms to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without our written consent. These Terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to our Site within one year after it arises.
The Site is a service provided, controlled and operated by us and our principal place of business in the State of Florida, United States of America. We make no representation that the Site is available or appropriate for users in all jurisdictions. You acknowledge that users access the Site on their own initiative and are responsible for compliance with applicable laws, regulations and treaty provisions. These Terms and your agreement to be bound by them shall, to the maximum lawful extent, be governed by and construed in accordance with the laws of Florida without reference to principles of conflicts of laws. YOU AND WE AGREE THAT THE STATE AND FEDERAL COURTS LOCATED IN FLORIDA SHALL BE THE EXCLUSIVE FORUM FOR THE RESOLUTION OF ALL DISPUTES BETWEEN YOU AND US RELATING TO YOUR USE OF THE SITE. YOU AND WE HEREBY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JURY. If the forgoing exclusive forum provision is unenforceable or inapplicable to a dispute between you and us, you and we agree that such dispute shall be resolved and finally settled by mutually binding arbitration conducted in accordance with the commercial arbitration rules of the American Arbitration Association by one arbitrator appointed in accordance with said rules. To the extent permitted by said rules, the location of the arbitration shall be in Boca Raton, Florida. The arbitrator shall apply Florida law without reference to conflict of laws principles.
22. MORE INFORMATION
For further information relating to the issues contained in these Terms or questions or problems regarding the Site, please contact us at support@bstlearningdirect.com |
