After The School Bell’s Terms Of Service
Any information (“Content”) created and/or provided by After The School Bell through the site (“Site” or “Website”), and the services provided in connection with the Website (the “Services”), are owned, operated and maintained by After The School Bell (“we”, “us”, or “ATSB”). By using or accessing the Site, Content, or Services, you (“User”) have read, understand, and agree to be bound by these Terms of Service (“Terms of Use”, “Terms”, or “Agreement”), whether or not you are a registered user of ATSB. For the purposes of this Agreement, “you” means a parent or guardian of a student who uses the Site as well as all students, tutors, and users of the Site. If you are a parent or guardian of a student who uses and accesses the Site, Content, and Services, you agree to represent the student for purposes of making us whole in case of damages or indemnification against the student. We reserve the right, at our sole discretion, to modify, add, or delete any portion of these Terms at any time. Your continued use of the Site, Content, or Services after any changes to the Terms constitutes your acceptance of the new Terms. If you do not agree to these Terms or any future Terms, you may not use or access the Site, Content, or Services. It is the responsibility of the User to check the Site and review any changes made to these Terms.
Registration
In consideration of your use of the Site and the Services, you agree to provide accurate, current, and complete data. You are solely responsible for maintaining the confidentiality of your account(s) and password(s) and for all activities and liabilities associated with using your account(s). You must notify us immediately of any breach of security of your account(s) and it is your responsibility to log out of your account(s) when you are no longer in use of the Site and the Services. We are not responsible for any damages or losses that arise due to your failure to comply with these requirements. You are held liable for any damages or losses sustained by us or a third party due to unauthorized use of your account(s), either with or without your knowledge. You may not use another person’s account(s) without his or her permission. You may not transfer use of your account(s) to another person. In the event that you authorize or register an account for another person, including a minor, you are fully responsible for the actions and consequences of that user and we reserve the right to share information provided in the account(s) to the parent or legal guardian of that minor. If you provide false, incorrect, or incomplete information, we reserve the right to terminate your account(s). All personal information collected is used in accordance with our Privacy Policy. We reserve the right to refuse use or access of the Site and the Services to any user at any time.
User Conduct
You understand that the Site, Content, and Services are available for your personal, non-commercial use only. You are solely responsible for your adherence to any and all rules, regulations, and laws applicable to your use of the Site, Content, and Services. You agree not to use the Site or Services to:
- violate any local, state, national, or international law
- encourage or provide instructions for others to commit criminal offenses, violate the rights of others, or violate local, state, national, and international law
- damage or impair the Site or the Services
- post, share, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer, software, hardware, or telecommunications equipment
- intimidate or harass others
- engage in predatory or stalking conduct
- solicit personal information from anyone under the age of 18
- use automated scripts to collect information from the Site or otherwise interact with the Site or the Services
- collect information on other users of the Service or the Site for the purposes of sending unsolicited materials
- impersonate any person or entity or misrepresent your identity including but not limited to your name, age, or affiliation with any person or entity
- post, share, transmit, upload, or otherwise make available any content we deem harmful, hateful, threatening, defamatory, infringing, inflammatory, harassing, vulgar, pornographic, obscene, fraudulent, illegal, invasive of privacy or publicity rights, racially, ethically, or otherwise objectionable
- post, share, transmit, upload, or otherwise make available any content that we deem to cause harm to others or prevent others from enjoying and using the Site
- post, share, transmit, upload, or otherwise make available any content that we post, share, transmit, upload, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotion materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation
- post, share, transmit, upload, or otherwise make available any personally identifiable or private information of any third party
- disclose any personal information that could be personally identifiable information including but not limited to your full name, address, telephone number, or social security number
- solicit any personally identifiable information or suggest an offline meeting or conversation
In addition, you agree to immediately report any knowledge of the use of the Site or Services that violates the User Conduct and Terms of Use.
User Content
Any and all information, materials, or communications that you post, share, transmit, upload, or otherwise make available (hereinafter, “post”) on or through the Site or Services is non-confidential and non-proprietary and may be disseminated or used by us for any purpose. By uploading or otherwise making available any User Content, you automatically grant and/or warrant that the owner has granted to us the non-exclusive worldwide right and license to use, reproduce, modify, publish, distribute, perform, display, and transmit the content for any purpose. You understand and agree that we may record or review any and all parts of tutoring sessions. You further agree that we own all recorded sessions and comments that you provide to the Site and that these Terms shall be deemed an assignment of all such recordings and comments, each portion thereof, and all intellectual property rights therein to us.
Copyright
The Site, Content, and Services provided or made available to you in connection with the site are the proprietary works of After The School Bell and its third-party providers and suppliers. Except as permitted by us or these terms, you may not copy, reproduce, modify, publish, distribute, create derivative works of, sell, transfer, rent, lease, sublicense, assign, perform, transmit, or otherwise use the Site or the Services. You may not copy or modify the HTML or other code. Any unauthorized or prohibited use of the Site or the Services may subject the offender to civil liability and criminal prosecution under applicable state and federal laws.
We grant you a limited, nonexclusive, non-transferable, revocable license to use the Site, Content, and Services for noncommercial purposes subject to restrictions set forth in these Terms. All right, title, and interest in and to all tangible and intangible aspects of the Site, Content, and Services, including without limitation, all copyrights, patents, and trade secrets pertaining thereto, and that, except for the limited rights set forth above, remain the exclusive property of After The School Bell and/or third parties, as applicable, and you do not acquire any intellectual property right or license in any of the foregoing by downloading or printing the Content or accessing the Site or the Services. Any and all rights granted to you herein are revocable by After The School Bell in accordance with these Terms.
Links
The Site may contain links to third-party websites or resources. You acknowledge and agree that After The School Bell is not responsible or liable for the availability of such sites or resources and does not endorse and is not responsible or liable, indirectly or directly, for any content, product, or service available on or through such third party sites or resources. You acknowledge and assume all responsibility for any and all risk arising from your use of any such website or resource.
Indemnity
You agree to defend, indemnify, and hold harmless After The School Bell, its officers, directors, agents, employees, and affiliates, from and against all losses, expenses, damages, costs, claims, and demands, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to and use of the Site, Content, and Services or your breach of these Terms.
Limitation on Liability
In no event shall After The School Bell or its directors, employees, or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or, punitive damages, including but not limited to, for any lost profits or lost data arising from your access to or use of the Site, Content, or Services, or your inability to access or use the Site, Content, or Services, or for any error or defect in the Site, Content, or Services, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, or any legal theory, whether After The School Bell is aware or has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose. You acknowledge that we are not liable for the conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely on you. You assume the costs for any need for repair or servicing that results from use of the Site, Content, or Services. Neither ATSB nor third parties warrant the accuracy or completeness of the Content contained in the Site, Content, or Services. You agree to hold harmless After The School Bell, its directors, employees, agents, and tutors, for any instruction, advice, or Services provided to you through the Site.
Disclaimer Of Warranty
The Site, Content, and Services are provided “as is” without warranties or conditions of any kind either express or implied. To the fullest extent possible pursuant to applicable law, we disclaim any and all warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that the use of the Site, Content, or Services may result in unexpected results, unpredictable damage or loss, or exposure of your data or files to unintended third parties. We make no warranty that the Site, Content, or Services will be available on an uninterrupted, secure, or error-free basis. We make no warranty in regard to the quality of any product or Service delivered or otherwise made available through the Site, Content, or Services. No advice or information obtained through the Site, Content, or Services will create any warranty not expressly made herein.
Jurisdiction
These Terms, as well as any action related to these Terms, will be governed by New York law and the exclusive jurisdiction and venue of any such action will be the state and federal courts of New York. You hereby agree to and waive all objections to jurisdiction and venue in such courts.
Termination
We reserve the right to terminate your account and permission to use the Site, Content, or Services immediately and without notice if you violate any of these Terms. We further reserve the right to terminate your account and revoke your access to the Site, Content, or Services at any time, with or without cause, and with or without notice. We also reserve the right to modify or cease providing the Site, Content, or Services at any time, with or without notice.
Other
These Terms of Use are the entire and exclusive agreement between you and After The School Bell regarding the Site, Content, and Services and supersede any prior agreements between you and ATSB relating to your use of the Site, Content, or Services. The failure of ATSB to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. In the event that any provision of these Terms is held invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.