Thank you for using Streets2Schools.com or S2SDVonline.com! These websites are owned by Streets2Schools, Inc. (“S2S” or “we”). These Terms of Service (“TOS”) govern the use of S2S WEBSITES at streets2schools.com, S2SDVonline.com and on mobile devices, including the online classes that we provide (collectively, “S2S WEBSITES”). These TOS represent a binding contract between you and S2S, and by creating an account or otherwise accessing S2S WEBSITES, you expressly agree to be bound by them. If you do not agree to be bound by the TOS, you may not access S2S WEBSITES or register for classes on S2S WEBSITES.
Your Account Information and Email
S2S WEBSITES provide online classes (“S2S Classes”). When you create an account, we require you to provide information about yourself, including your email address and a password (“Account Information”). You agree that we may send communications to your email address or cell phone number for customer service, confirmations and matters related to your class. If you choose to opt-in for a newsletter, you agree that we may email you a newsletter. You can opt out of any newsletters by using the links at the bottom of newsletters. Please note that even if you opt out, we’ll still send you account-related emails or texts, such as reminders for payment or webinar sessions, purchase confirmation and password reset emails.
S2S WEBSITES are protected by U.S. and international intellectual property laws and you agree to abide by them. Without our prior written consent, you may not download, copy or store S2S Website content in any form outside of S2S WEBSITES and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any S2S Website content. You agree that all data, programs and processes used in S2S WEBSITES are “trade secrets” as defined, without limitation, in the California Uniform Trade Secrets Act. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property rights in S2S WEBSITES. All intellectual property rights in S2S WEBSITES are, as between you and S2S, the sole and exclusive property of S2S. We appreciate when you provide us feedback through customer service or by email or messages sent from S2S WEBSITES, but we may use any feedback, comments, or suggestions without any obligations to you.
Your License to Use S2S WEBSITES
We are providing you with access to S2S WEBSITES pursuant to a limited, non-exclusive, non-sublicenseable, non-transferable, revocable license. You can use S2S WEBSITES subject to the TOS. This license is available to you as long as you are not barred from S2S WEBSITES by applicable law and your account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use S2S WEBSITES. S2S reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
Canceling Your Account
You may cancel your account at any time by contacting our customer support team. For details and contact information, please click on the link “About Us” and.or “Contact Us”, located in the top menu of S2SDVonline.com or streets2schools.com.
Restrictions and Prohibited Uses
Except with our written permission, you shall not:
- Attempt to impersonate another person or use another person’s S2S WEBSITES account information without authorization;
- Use any device, software or routine to interfere, or attempt to interfere, with the proper working of the site.
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- Violate or attempt to violate any security features of the S2S WEBSITES, including logging into a server that you are not authorized to access, or probing the vulnerability of S2S WEBSITES’ systems and networks;
- Redistribute, decompile, reverse engineer, publish, or copy S2S Website files, including video files;
- Use S2S WEBSITES for the purpose of creating a product with a substantially similar look, feel or design;
- Access or search S2S WEBSITES by any means other than our publicly supported interfaces (for example, “scraping”);
- Use S2S WEBSITES trademarks, service marks, copyrights, or logos of Streets2Schools, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
- Violate any third party’s rights, including intellectual property or privacy rights;
- Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.
Engaging in prohibited uses is grounds for immediate termination of any or all of your S2S WEBSITES account(s), and may also subject you to civil or criminal penalties.
YOU AGREE THAT USE OF S2S WEBSITES IS AT YOUR OWN SOLE RISK AND THAT S2S WEBSITES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, S2S AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING S2S WEBSITES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you. S2S STRIVES TO MAINTAIN S2S WEBSITES ON A COMMERCIALLY REASONABLE BASIS AND CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO S2S WEBSITES AT ALL TIMES. S2S WEBSITES ARE NOT A MEDICAL SERVICE AND ARE NOT TO BE USED FOR THE PURPOSE OF SEEKING, AND S2S WEBSITES ARE NOT PROVIDING, MEDICAL TREATMENT OR ADVICE. ALL S2S CLASSES ARE DESIGNED AND DEVELOPED FROM AN EDUCATIONAL CONTEXT AND ARE NOT DESIGNED AS A THERAPEUTIC PROCESS. THE USER ASSUMES FULL RESPONSIBILITY WHILE TAKING THE S2S CLASSES. THE USER ASSUMES FULL RESPONSIBILITY FOR PERSONAL ACTIONS AS A RESULT OF OR ON THE BASIS OF, ANY MATTER CONTAINED IN S2S WEBSITES. THE USER AGREES TO CONSIDER AND, IF NECESSARY IS WILLING AND RESPONSIBLE TO SEEK AND TAKE APPROPRIATE PROFESSIONAL ADVICE FOR HIS OR HER PARTICULAR CIRCUMSTANCES. S2S DOES NOT ACCEPT LIABILITY TO ANY PERSON FOR ACTIONS, INJURY, LOSS OR DAMAGES INCURRED BY THE USE OR RELIANCE ON INFORMATION IN S2S WEBSITES OR S2S CLASSES.
Limitation of Liability
IN NO EVENT SHALL S2S OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO S2S WEBSITES FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO SUBSCRIBE TO S2S WEBSITES; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF S2S WEBSITES; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN S2S AND YOU. YOU UNDERSTAND THAT S2S WEBSITES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
We comply with the provisions of the Digital Millennium Copyright Act applicable to service providers. If you have any complaints with respect to material posted on S2S WEBSITES, you may contact our designated agent by email to firstname.lastname@example.org or at the following address: Streets2Schools, Inc. ATTN: DMCA Complaint POB 6848 PMB 316 Big Bear Lake, CA 92315 You must include the following information in your complaint:
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the material that you claim is infringing and where it is located on S2S WEBSITES;
- your mailing address, telephone number, and if available, email address;
- a statement by you that you have a good faith belief that the use of the material on S2S WEBSITES is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner; and
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
You will indemnify and hold harmless S2S, its affiliates, officers and/or employees, including by paying costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to S2S WEBSITES, or the violation of the TOS by you.
- Severability and Waiver. If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.
- Governing Law, Jurisdiction and Venue. The TOS are governed by California law without regard to conflict of law provisions. Both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts in San Bernardino County, California as the legal forum for any dispute between them.
- Change Policy. The TOS may be updated from time to time. If we make material changes, we will provide advance notice to you by posting an updated TOS on S2S WEBSITES at least 30 days in advance of the effective date of the updated TOS. Please note that unless otherwise provided by applicable law, your continued use of S2S WEBSITES following the effective date means that you agree with, and consent to be bound by, the updated TOS.
- Miscellaneous. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by S2S on S2S WEBSITES, the TOS shall govern, unless otherwise indicated. Sections 2-10 shall survive any termination of the TOS.