PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS EDUVENTIVE WEB SITE. BY ACCESSING OR USING THIS SITE OR SERVICES OR PRODUCTS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR USE THIS SITE.
CHANGES TO TERMS AND CONDITIONS
WE RESERVE THE RIGHT, AT OUR DISCRETION, TO MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AND CONDITIONS AT ANY TIME AND EACH SUCH CHANGE SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING. PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.
ACCESSING OUR SITE
We reserve the right to withdraw or amend the service we provide on our site. We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some part of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
You are responsible for all use of your account and for any information, material and products you post onto the site and we assume no responsibility or liability for such information and reserve the right to reject or remove any information/content for any reason without explanation or liability.
You agree that when using our services you will not:
- Plagiarize the works of others. All material posted will be original.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. This includes the posting of identifying or contact information of others without their consent.
- Use the site to solicit donations or contributions from site members.
- Discuss or publicize legal matters.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, video, audio, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Download any file posted by another user of our Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Restrict or inhibit any other user from using and enjoying our Services.
- Violate any code of conduct or other guidelines.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
- Provide any content that encourages a criminal offense or violates the rights of any party.
- Impersonate anyone else or misrepresent your affiliation with a person or entity.
- Without our written consent, you may not: (i) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of the Site, use of the Site, or access to the Site; (ii) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (iii) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts, or other automated device) to access the Site or monitor or copy our Web pages or the content contained thereon; (iv) deep link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
IT IS ONLY FOR INFORMATION PURPOSE
You are responsible for your acts and omissions and content placed on the Site. It is only for information purpose. In the event that you have any dispute with trainers or students or parents, you release Eduventive (and our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
It is for general and informational purposes only and should not be considered as a substitute for specific advice.
BILLING AND PAYMENT
If you sign up for Eduventive.com paid membership, you agree to pay Eduventive all membership charges associated with your selection on the Site and provide your payment information. You also authorize Eduventive to charge your chosen payment provider according to the terms of the membership you select. The amount of the charges will vary depending on the membership you select. Eduventive reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
To the extent that you elect to purchase other product offerings we may offer for a fee, you authorize Eduventive to charge your chosen payment provider for the products you purchase. In addition, the user is responsible for any state or local sales taxes associated with the membership or product offerings purchased. You agree that if Eduventive already has your credit card on file as a result of prior purchases you made, we may charge that credit card for the additional products you purchase.
EXCEPT AS SET FORTH BELOW, ALL PAYMENTS FOR MEMBERSHIPS/PRODUCTS ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR UNUSED OR PARTIALLY USED MEMBERSHIPS/PRODUCTS OR MEMBERSHIPS/PRODUCT CANCELLATIONS. If Eduventive is forced to terminate a membership after it has determined that any of the Terms were violated, we will not issue a refund for any unused portion.
All information on the Site is of a general nature. No information contained on the Site or Services or through it Products is to be taken as advice. Although we make an effort to provide quality information to you, Eduventive disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any Eduventive content. The Eduventive content is not a recommendation for a particular course of action regarding your coaching/training and is not intended to provide specific coaching/training. It remains your responsibility to evaluate the accuracy, completeness, and usefulness of all Eduventive Content.
The Eduventive content is not a substitute for advice of particular coaching/training.
YOU ACKNOWLEDGE THAT ALL DECISIONS MADE USING THE EDUVENTIVE CONTENT WILL BE THE EXCLUSIVE RESPONSIBILITY OF YOU. EDUVENTIVE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE EDUVENTIVE CONTENT.
You agree, at your expense, to indemnify and hold Eduventive harmless from any and all losses, liabilities, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands against Eduventive arising from or related to decisions or recommendations you make using the Eduventive content.
DISCLIAMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EDUVENTIVE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE OR THE EDUVENTIVE CONTENT.
EDUVENTIVE MAKES NO WARRANTY THAT THE SERVICES PROVIDED ON THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES EDUVENTIVE MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE EDUVENTIVE CONTENT OR THAT DEFECTS IN THE SITE OR THE EDUVENTIVE CONTENT WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL EDUVENTIVE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES, PARTNERS, AGENTS, ADVISORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE EDUVENTIVE CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. The aggregate liability of Eduventive to you for all claims arising from or related to the Site or the Eduventive Content is limited to the lesser of the fees paid by you to Eduventive for services provided on the Site.
EXCLUSIONS & LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
PROPRIETARY RIGHTS OF CONTENT
You acknowledge that Eduventive and suppliers own the rights to the Eduventive website, Services, Products and the content displayed on the Site except your submitted content. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Eduventive website, or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by Eduventive, Eduventive users, or Eduventive advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
If you believe information on our website infringes your copyright then please contact us at firstname.lastname@example.org. If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials as per Digital Millennium Copyright Act.
MATERIALS PROVIDED TO EDUVENTIVE.COM OR POSTED AT EDUVENTIVE.COM
Eduventive.com does not claim ownership of the materials you provide (including feedback and suggestions) or post, upload, input or submit to Eduventive.com website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Eduventive.com permission to use your Submission in connection with the operation of this website, including, without limitation, the rights to publicly display, translate and reformat your Submission for display, and to publish your username or name in connection with your Submission.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
TERMINATION OF ACCOUNT
Eduventive shall have the right to immediately terminate your account in the event of any conduct by you which Eduventive, in its sole discretion, considers to be unacceptable, or in the event of any breach by a user of these Terms of Service.
You may terminate your account at your sole discretion and at any time. Terminations will be effective at the end of your then current term, at which time your account will be closed and you will no longer enjoy access to your former account.
LINKS TO OTHER SITES
We suggest that you exercise discretion while browsing the Internet using this site. You should be aware that when you are on this site, you could be directed to other sites that are beyond our control. There are links to other sites from Eduventive pages that take you outside of our service. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on this site may send cookies to users that we do not control. Use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. We make no representations concerning the content of any such third party sites. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites linked to this site.
We reserve the right to disable links from third party sites to this site.
You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You agree to indemnify, defend and hold EDUVENTIVE and its affiliates and their respective officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, liabilities, costs and/or expenses whatsoever (including without limitation reasonable legal fees disbursements) arising out of or resulting, directly or indirectly, from: (a) your breach of these Terms and Conditions; (b) your access to or use of this site or any web site to which this site is or may be linked from time to time; (c) your use of, reliance on, or publication, communication or distribution of anything on or from this site; and/or (d) your violation of any law, rule or regulation. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
All users agree to abide by U.S regulations and their local regulations. Eduventive shall not be liable for any violations by users.
The Terms constitute the entire and exclusive and final statement of the agreement between you and Eduventive with respect to the subject matter hereof, and govern your use of the Site, superseding any prior agreements or negotiations between you and Eduventive with respect to the subject matter hereof. The Terms and the relationship between you and Eduventive shall be governed by the laws of India, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. Dispute or claim shall be subject to the exclusive jurisdiction of the Mumbai, India courts.
Eduventive’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found to be invalid by either a court of competent jurisdiction, you and Eduventive nevertheless agree that the court should endeavor to give effect to your and Eduventive ‘s intentions as reflected in the provision, and that the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
You can contact us via e-mail by clicking “Contact Us” on any Eduventive page or send an e-mail directly to email@example.com. Please include information in the e-mail that will help us identify your account so we can assist you with your inquiry or request.