TERMS & CONDITIONS
Last revised: July 15, 2021
These Terms & Conditions (the "Terms") are an agreement between you or the entity you represent ("you," "your," or “user”) and Beyond College Access LLC, a limited liability company governed by the laws of the State of Florida, USA (the "Company", "we," “our,” or "us"). The Company owns and operates a website www.beyondcollegeaccess.com (the “Site”), which provides users with the opportunity to (a) purchase professional development resources (“Professional Development”), (b) purchase a training program (“Professional Development”), (c) purchase consulting services (“Consulting / Educational Support Services”), and (d) access blog posts (“Blog”), hereinafter collectively referred to as the “Services”.
You understand that by using the Site, you agree to be bound by these Terms. If you do not accept these Terms in their entirety, you must not access or use the Site. To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of the Site or Services, without prior notice to you, by posting a revised version of the Terms and/or a notification about changes made to features or functionality of the Site and/or Services. Any revisions to these Terms or changes to the Site and/or Services will take effect when a revised version or a notification is posted on the Site unless otherwise stated. Your continued use of the Site after the revision date constitutes (a) your acceptance of revised Terms and/or changes in Site and/or Services and (b) agreement to be bound by any such revised terms and conditions. The Terms include and hereby incorporate by reference Company’s Cookies & Privacy Policy.
If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and that such entity or organization is duly authorized to do business in the country or countries where it operates. In that event, "you," "your," or “user” will refer and apply to that entity.
SERVICES
The Site offers the following Services:
(i) Professional Development,
(ii) Consulting / Educational Support Services, and
(iii) Blog.
Professional Development Resources. Our professional development services are designed for higher education leaders as well as other individuals committed to educational equity.
Our FREE professional development resources can be used as tools to explore and discover the answers to the big questions regarding serving the enrollment continuation needs of historically underserved students. Resources consist of:
1. Reflections Journal: Beyond College Access® "The Big Questions" Reflections Journal
2. Blog Posts: A source of educational trends, issues, and perspectives of historically underserved student groups
3. Other Resources: Updates of Beyond College Access® events, promotions, and resources with actionable steps to improve college success outcomes for historically underserved students
Professional Development Program: Our Program is academic professional development organized in a series of short learning sections that divides dense subjects into easy-to-digest chunks. A guide and workbook is included to complement each section.
· There are two different Professional Development service packages to choose from.
Option 1: “BOOK + COMMUNITY” provides access to:
o Beyond College Access® book, and
o Membership in the Beyond College Access® LinkedIn Private, Members-Only Community.
Option 2: “COURSE + COMMUNITY + COACHING” provides access to:
o Beyond College Access® book,
o Membership in the Beyond College Access® Members-Only Community, and
o Beyond College Access® Coaching Sessions.
Consulting / Educational Support Services. These Services consist of tailored solutions for you or your organization, which may include, but are not limited to, assignments within the RPIE strategic process such as Research, Planning/Analysis, Implementation, and Evaluation, to be agreed with you upon request. Consultation Services can be delivered on-site, online, or via teleconference. A service agreement will be drafted per client prior to service performance. We will perform any such Consulting Services in a diligent and workmanlike manner and in accordance with the schedule attached to any such service agreement. Completeness of work shall be determined by you, and we agree to make reasonable revisions, additions, deletions, or alterations as requested. We may grant you the right to use the Company’s name, voice recordings, photographs, and biographical information, specifically in connection with the related Consulting Services.
Blog. Our Blog can be found here: https://www.beyondcollegeaccess.com/blog
YOUR ACCOUNT
Registering for an Account. In order to get full access to the Site, you must (i) register for an account (“Account”) and (ii) provide certain information about yourself as requested. You represent and warrant that: (a) all required information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Site and Services does not violate any applicable laws, and (d) you have reached the age of majority in your state of residence and have the legal capacity to enter into these Terms.
Confidentiality and Security of Your Account. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) all activities that are conducted under your Account. By using your Account, you acknowledge and agree that our account security procedures are commercially reasonable. You agree to immediately notify us in the event of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your login information in confidence.
Closing Your Account. You may close your Account at any moment by sending us a request at contact@beyondcollegeaccess.com. We may delete or deactivate your Account if we suspect that you violated any provisions of these Terms.
LICENSE
License. Subject to the terms and conditions of these Terms, the Company grants you a worldwide, non-transferable, and non-exclusive license of the right to use the Site and the Services. The license of the right to use the Online Course Program is granted for only ninety (90) days upon enrollment. Some of the program materials such as the comprehensive guide and workbook are given as a resource for you to keep for your personal use even after you have completed the Online Course Program. You may download one copy of any downloadable material available on the Site for personal, non-commercial transitory viewing only.
Restrictions. The right granted to you in the present Terms is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, publicly display, or otherwise commercially exploit the Site, Services or Content (as defined below); (b) you shall not copy, modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Site or Services; and (c) you shall not remove or destroy any copyright notices or other proprietary markings found on the Site. Any future release, update, or other addition to any of the functionalities of the Site or Services shall be subject to the terms and conditions of these Terms.
Moreover, you agree not to use the Site to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including email addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overburden, impair, or otherwise interfere with servers or networks connected to the Site (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Site or servers or networks connected to the Site (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Site.
You also agree (i) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of the Company and (ii) not to share the Online Course Program or any materials in the Online Course Program or material obtained through Consulting Services with any other person or entity.
Modification. We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Site or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Site and/or the Services or any part thereof.
Ownership. We own all right, title, and interest, including all related intellectual property rights, in and to the Site and Services including the Content, as defined below. The Site and the Online Course Program are licensed to you; this means that the Site and Online Course Program are under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Site or Services. Our name, logo, and other names associated with the Site or Services belong to us, and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We reserve all rights not granted in these Terms.
Content. “Content” shall mean the educational resources, pre-recorded audio-video materials, in-depth insights, actionable strategies, webinars, access to discussion forums, comprehensive guide and workbook included in the Online Course Program as well as Free Resources, which consist of reflections journal and our blog. Content shall also include any audio-video recording made of you during the Consultation Services.
All the Content is developed by us. Such Content is posted and hosted on www.thinkific.com, which is a third party online course hosting provider that might be amended from time to time without any notice to us or you. The Company reserves the right to update the Content at any time and for any reason.
PAYMENT TERMS & PAYMENT PLANS
Online Course Program Payment Options. Online Course Program payment options are:
● one-time payment
● payment plan (the fee is divided into monthly payments)
If you use the payment plan, you will be asked to provide billing information which will be used on a recurring basis on the same day of each month. By subscribing to the payment plan, you agree and authorize us to charge you on a monthly basis until pay off all due amounts associated with the Online Course Program.
Failed Payment. If at any time your payment fails, a Payment Processing Company (as described below) will try to process the payment for the second time. If the second payment attempt fails, your payment plan will be cancelled. This means that your license of the right to use the Online Course Program will be revoked. Moreover, this may result in the loss of achievement badges, tracked progress, and other information. If the issue is addressed by you during these attempts and payment is successful, your access to use the Online Course Program will be restored. However, if the payment is unsuccessful for all following attempts, your license of the right to use the Online Course Program will automatically expire. In other words, when all attempts at processing a payment will have failed, the license of the right to use and access the Online Course Program will be revoked and to restore any such access, you will need to purchase the Online Course Program again. This will not affect your Online Course Program progress, however. As soon as the payment is made, you will be able to continue for where you left off.
Payment Methods. To access our Services and proceed with the payment, you will be redirected to a secure page where you will be able to make a payment using either your credit/debit card, PayPal or Stripe (“Payment Processing Company”) accounts to process payments. We do not collect your credit card information; Payment Processing Companies do that on our behalf.
Making a Payment for Multiple Learners. Custom discounts may be offered for a group of five (5) people or more. To find out more about our current discounted rate, please contact us by using the contact form on the Site or via email at contact@beyondcollegeaccess.com.
Payment for Consulting Services. All payment terms for Consulting Services will be agreed upon in a separate service agreement.
Making Changes to or Canceling a Plan. To make changes to your payment plan and/or payment information, or if you would like to cancel your payment plan, you must send a request to contact@beyondcollegeaccess.com and our specialists will contact you shortly.
Changes in Pricing. Prices for the Services are subject to change without notice. We reserve the right at any time to modify or discontinue provision of any of the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of a Service provision.
REFUND POLICY
To the fullest extent allowed by applicable law, all fees paid hereunder are non-refundable unless otherwise permitted by these Terms. Refunds may only be provided for the Online Course Program fees if proof is given that there has been an irretrievable technical issue with the Site or third party online course hosting provider (Thinkific Inc., hereinafter referred to as “Thinkific”) and where the Company has been unable to fix the issue in a satisfactory way. Refund requests may be approved provided that the following requirements are met:
• You must notify us in writing within 24 hours of placing the purchase order.
• You must send a refund request via email to the following email address: contact@beyondcollegeaccess.com.
• You must not have exceeded 20 minutes of training time for a total of 3 hours of Online Course Program’s time.
All refunds are discretionary as determined by the Company. If you download all the materials, take advantage of the special deals/discounts, and then ask for a refund, we reserve the right to deny your refund request.
YOUR PRIVACY
At the Company, we respect the privacy of our Site users. For details please see our Cookies & Privacy Policy. By using the Site, you agree and consent to our collection and use of personal data as outlined therein.
WARRANTIES & DISCLAIMERS
The Site and Services are provided on ‘as is’ and ‘as available’ basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that your use of the Site or the Services will be uninterrupted, timely, secure, or error-free.
Occasionally some information on the Site, in the Online Course Program or Content may contain typographical errors, inaccuracies or omissions that may relate to course/program descriptions, instructions, learning materials, pricing, promotions, offers, and availability. We reserve the right to fix any such errors or omissions at any time, however, we shall have no obligation to do so.
Any Content on the Site or in any Service are provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on such materials shall be at your own risk.
The Services are developed for educational purposes only and are intended for a general audience and do not purport to be, nor should it be construed as, specific advice tailored to any individual. You accept and agree that we are not guaranteeing any progress and results from the Services. The Company makes no representations, warranties, or guarantees verbally or in writing, that you will reach your goals as a result of using our Services. You understand that because of the nature of the Services, the results experienced by each individual may significantly vary.
You acknowledge and agree that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that you will reach your goals as a result of participation in any Service.
We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Site or any Service with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Site or any Service.
Moreover, you understand that the Company is not responsible for the access to www.thinkific.com or failures in Thinkific’s software. We highly recommend you to read Thinkific’s terms and conditions and privacy policy which can be accessed through this link www.thinkific.com/legal.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE (OR OUR PARTNERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS, THE SITE, SERVICES, OR CONTENT EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF THE SITE OR THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNIFICATION
You agree to defend us, indemnify us and hold harmless the Company, its directors, employees, contractors, representatives and agents, from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of the Site and/or Services, (ii) Content, or (iii) your violation of these Terms or our Cookies & Privacy Policy.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
TERM AND TERMINATION
Term. You hereby acknowledge and agree that these Terms shall come into force from the time you visit our Site and/or on the date you create an Account and will remain in force and effect until terminated in accordance with these Terms.
Termination. You may terminate these Terms at any time and for any reason by closing your Account. Contact us at contact@beyondcollegeaccess.com if you want to close your Account.
As far as the Thinkific course account, it will automatically expire after your 90-day access period. Concerning Beyond College Access® Community (via LinkedIn Group/Private Page), you can remove yourself from LinkedIn Group at any time.
We may suspend your rights to use the Site and/or Services and related Content and/or terminate these Terms by deleting or deactivating your Account, at any time and for any reason, at our sole discretion, with or without notice to you, including if we believe you have violated any provision of these Terms.
Upon deletion or deactivation of your Account, which automatically leads to termination of these Terms, your right to use the Site and/or the Services will automatically and immediately end. You understand that deletion or deactivation of your Account involves deletion of any Content that might be stored in your Account. We will not incur any liability whatsoever to you for any termination of these Terms, including for any deletion or deactivation of your Account or deletion of Content. Termination shall not relieve you of the requirement to pay for any outstanding fees.
GENERAL PROVISIONS
Entire Agreement. These Terms and our Cookies & Privacy Policy constitute the entire agreement between you and us with respect to the subject matters hereof and supersede all prior discussions and agreements between you and us with respect to such subject matters.
Modifications. We reserve the right to modify or amend these Terms at any time without prior notice.
Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired, and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Independent Contractors. These Terms shall not render any Site user in a joint venture with the Company, for any purpose. The Company is and will remain an independent contractor in its relationship to you. The Company shall have the sole right and responsibility to determine the manner, method, and means of performance by which the Company shall perform Services under these Terms, subject to any reasonable requests of yours. You will not be responsible for withholding any taxes with respect to Company’s compensation hereunder. The Company will not claim or seek any vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind from you.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Site or Services. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) by the Company via email (to the email address that you provide), (b) by you via email to contact@beyondcollegeaccess.com or to such other email addresses as the Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Governing Law. These Terms shall be governed by the laws of the United States and the State of Florida, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the courts located in the State of Florida, United States, for the purpose of litigating all claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.
CONTACT US
Questions about the Terms should be sent to us at contact@beyondcollegeaccess.com.