This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
You acknowledge that these Terms constitute an agreement between you and us, even though it is electronic and is not physically signed by you and us, and that these Terms govern your use of the Service and supersede any other agreements between you and us.
The “Service” includes the Website and services provided to you through our the Website including all software, data, text, images, sounds, videos, and other content made available through the Website (collectively, “Content”). Any new features added to or augmenting the Service are also subject to these Terms.
This Website and all content in this Website may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without AcademyOcean’s prior written consent. This permission is conditioned on your not modifying the content displayed on this Website, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Website.
Your failure to comply with the terms, conditions, and notices on this Website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control.
In providing you the Service, we shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of your data. These safeguards include, where applicable, encryption of your data in transmission (using SSL or similar technologies), except for certain external third party integrations that do not support encryption, which you may link to the Service at your choice.
You are fully responsible for the security of the data on your Website or otherwise in your possession. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security and dissemination of any personal, financial, credit card, or transaction information (defined as "Payment Data") on your Website or through your app.
AcademyOcean is responsible for securing the storage, transmission, and processing of Payment Data that flows through its systems.
All material available on the Website and all material and services provided by or through AcademyOcean, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright and other intellectual property laws.
Although AcademyOcean monitors the information on the Website, some of the information is supplied by independent third parties. While AcademyOcean makes every effort to insure the accuracy of all information on the Website, AcademyOcean makes no warranty as to the accuracy of any such information. If you decide to leave the Website and access any Third Party links, you do so at your own risk.
You shall pay all fees specified in any Subscription, including without limitation any fees based on number of active learners. Unless otherwise specified in a Subscription, such fees shall be billed in advance for each month and are non-refundable. There will be no refunds or credits for partial months of service or for periods in which your account remains open but you do not use the Services. If you exceed any usage or fee thresholds set forth in your Subscription, we may charge you for such overages on your next invoice.
We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Website or through email notification to you. You will be liable to pay such modified billing rates.
Subject to your payment of applicable fees, we will provide the Services to you for the period of time that you have paid for such Services, on the basis under which you have selected your Subscription.
We reserve the right to modify or discontinue, temporarily or permanently, any of the Services (or any part thereof) and refuse any/all current and future use of the Service, suspend or terminate your account if we believe that you have violated these Terms. We will use commercially reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity may be grounds for immediate termination of your use of Service, and may be referred to law enforcement authorities. You agree that we are not be liable to you, or any third party, for any modification, suspension or discontinuation of the Service.
Warranties. The Websites and the service, including all server and network components are provided on an "as is" and "as available" basis, without any warranties of any kind to the fullest extent permitted by applicable law, and AcademyOcean expressly disclaims any and all conditions, representations, warranties or other terms, whether express or implied, including, but not limited to, any implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.
Disclaimer. Except as expressly provided herein, neither party makes any warranties of any kind, whether express, implied, statutory or otherwise, and each party specifically disclaims all implied warranties, including any warranties of merchantability or fitness for a particular purpose, to the maximum extent permitted by applicable law. Each party disclaims all liability for any harm or damages caused by any third party hosting providers.
Under no circumstances shall AcademyOcean be liable for any incidental, special, consequential, exemplary, multiple or other indirect damages that result from the use of, or the inability to use, this Website or the information contained on this Website, even if AcademyOcean has been advised of the possibility of such damages. In no event shall AcademyOcean's total liability to you for all damages, losses, and causes of action resulting from your use of this Website, Whether in contract, tort (including, but not limited to, negligence) or otherwise.
Either party may assign or transfer these Terms, in whole or in part, without restriction, provided the assignee agree to be fully bound by these Terms. These Terms supersede prior versions of these Terms, or any other discussions, agreements or understandings by or among the parties (other than written agreements expressly accepted and executed by both parties). We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. We will notify you of such changes and direct you to the latest version.
You shall not:
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
Sections 3 (General Conditions), 5 (Intellectual Property Rights), 7 (Billing, Plans And Payments), 8, (Term And Renewal), 9 (Warranty Disclaimer), 10 (Limitation Of Liability), 11 (Indemnification), 12 (Assignment), 13 (Severability), 14 (Restrictions), 15 (Relationship Of The Parties) and 17 (Governing Law And Dispute Resolution) will survive any termination of these Terms.