Accelerating Young Minds, Inc. Terms and Conditions
THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH ACCELERATING YOUNG MINDS, INC. OFFERS YOU ACCESS TO OUR ACCELERATING YOUNG MINDS (AYM) PRODUCTS/SERVICES
The following user agreement (the “Agreement” or “User Agreement”) for Accelerating Young Minds, Inc. (AYM) describes the terms and conditions applicable to your use of our Accelerating Young Minds (AYM) products/services available under this domain, any sub-domains and all programs.
1. User Eligibility
Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available for purchase by children (persons under the age of 18) or users who are temporarily or indefinitely suspended as AYM users
2. Fees and Services
By agreeing to these terms and conditions, you are agreeing to pay a fee for a license to use AYM programs. You have an opportunity to review and accept the fees that you will be charged before purchasing the license. We are not and do not transfer legal ownership of our programs or the content within all of our programs to the buyer in any capacity. Instead, the buyer is licensed to use the program under the terms of this agreement and payment of applicable fees.
AYM may change our Fees and Credits Policy and the fees for our services from time to time. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars.
3. AYM is a Venue
Although Accelerating Young Minds, Inc. is referred to as a stand-alone education provider able to develop permanent knowledge and neuropathic ways of thinking within children, it is important to realize that we are not a traditional school of education. Instead our programs act as a venue that allows parents, teachers, adults and children to become involved in a self-learning process via the Internet. AYM has no control over how the user applies the content of our programs. Therefore, we are unable to guarantee the individual results from the use of our programs. We are, however, responsible for the quality and legality of the programs, and the truth or accuracy of the content of our programs.
Because we are a venue, if you have a dispute, you release AYM (and our officers, directors, agents, subsidiaries, joint ventures and employees) from 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. If you are the resident of a state that allows for claims to exist outside a general release, you specifically waive that right and any such claims when you agree to these terms and conditions.
4. Conditions and Cancellation
If there is a conflict between these terms and conditions and any such specific user, purchase, license or subscription terms, the specific terms will apply. Please note that our digital and online resources and downloads may include security technology to ensure they may only be used in accordance with the specific license granted for those resources.
Some online resources and downloads are offered in different versions or as a menu consisting of components that you may select; prices are set out on the purchase page and conditions for such items are subject to these terms and conditions of use.
You are responsible for all hardware, software, network availability and Internet connectivity required to access and/or use AYM digital and online resources and downloads. Specifications for the hardware and software required to use such a product have been listed on the product pages. User is specifically responsible for ensuring his hardware and software are compatible for use of AYM products.
5. Cancellation of orders for online resources or downloads:
Online resources: You may cancel for a full refund any order for online resources within 15 days after you pay for them. A full month’s repayment to you is 0nly possible if use of the product has not occurred in that month. To obtain a refund, please notify us by email at [email protected] Refunds will be sent to the original source of payment. Once you have cancelled, you will have no further access to the online resource.
b) Duration of Subscriptions and Licenses: Access to AYM online resources is provided on a subscription basis, or for a fixed license period. Please refer to the description of the individual resources for detail of the duration of access, and whether any subscription will automatically renew.
Sometime before the expiration of your subscription you will be notified by email of the upcoming expiration. If you have purchased an annual or interim subscription, then it will automatically extend for a similar period at the end of that subscription unless you cancel it.
Each individual subscription is for use only by the person(s) or organization specified on the order form and may not be shared with anyone else.
c) Discontinuation of Service: We may decide to discontinue any online service or any part of it at any time. If we decide to discontinue an online service, we will notify you and will terminate your contract for that service with 30 days’ notice. In that event, we may offer you a pro rata refund for any remaining license period or access to a replacement resource for the remaining period.
6. Information Control
We do control the registration and student performance information provided by users that is made available to authorized sources through our data collection and distribution system. You may find the student performance information to be exciting, thrilling, enlightening and even disappointing. Please use caution, common sense, and practice when observing student performance data. We recommend that you consult a professional educator or specialist to evaluate the student performance data if you are concerned about inabilities, speed of performance, excellence.
Without limiting any other remedies, AYM may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the AYM products or software.
8. Your Information
Definition: “Your Information” is defined as any information you provide to us or is collected through the use of our programs. You are able to access information, and we act as a passive conduit for your online distribution and publication of your Information.
9. Restricted Activities
Your Information and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, (e) be defamatory, libelous, unlawfully threatening or unlawfully harassing; (f) create liability for us or cause us to lose (in whole or in part) the services of our programs or clients; (g) link directly or indirectly sell or transfer programs to others that were not originally registered as the originally intended user without authorization from AYM. (h) link to or advertise an AYM item from another web site without permission from AYM; (i) initiate using our service that could cause us to violate any applicable law, statute, ordinance or regulation.
11. Access and Interference
Much of the information on the AYM programs are updated on a real-time basis. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose what, in our sole discretion, is an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of AYM and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the programs.
13. No Warranty
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
14. Liability Limit
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SERVICES OR THIS AGREEMENT HOWEVER ARISING, INCLUDING NEGLIGENCE. OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, or (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify and hold AYM and any subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by you or any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
16. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our services.
17. No Agency
You and AYM are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Accelerating Young Minds, Inc. Attn: Legal Department, 7829 Center Blvd SE, #187, Snoqualmie, Washington 98065 (in the case of AYM) or to the email address you provide to AYM during the registration process (in your case). Notice shall be deemed received 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to AYM during the registration process. In such case, notice shall be deemed given and delivered 3 days after the date of mailing.
19. Resolution of Disputes
In the event a dispute arises between you and AYM, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and AYM agree that any claim or controversy at law or equity that arises out of this Agreement or our services (“Claims”) shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
19.1 Alternative Dispute Resolution
AYM will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in King County, Washington.
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section 19, the other party may recover attorneys’ fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in King County, Washington. You and AYM agree to submit to the personal jurisdiction of the courts located within the county of King County, Washington.
This Agreement shall be governed in all respects by the laws of the State of Washington. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by AYM in accordance with Section 16 “Notices”, in our sole discretion; Headings are for reference purposes only and in no way, define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 4 (Condition & Cancellation), 10 (License), 11(Access and Interference), 14 (Liability Limit), 15 (Indemnity) and 19 (Resolution of Disputes) shall survive any termination or expiration of this Agreement.
AYM uses the services of a third-party payment venue and as such, any user must also agree to that venue’s Terms and Conditions, incorporated below.