Terms and Conditions of Use and Services
December 5, 2020
This web site, including any portion of this web site accessible through the homepage, (collectively, the "Site") is published and maintained by Brooklyn Education Center, Corp. ("BEC"). This document is a legal contract, and by accessing, browsing, or using the Site you agree to be bound, without limitation or qualification, to the terms and conditions of use and services ("TCOUS") set forth below.
BEC reserves the right to modify, change, alter, or otherwise edit these TCOUS at any time by updating this posting. By continuing to use the Site after BEC publishes changes, you agree to be bound by such changes. BEC recommends that you periodically visit this page to review the then current TCOUS. The most recent date on which the TCOUS were updated will be indicated above. If you do not agree to these TCOUS, or to any modification thereof, you are not authorized to use the Site.
CLASS REGISTRATION In addition to classroom instruction, “Class” includes resources, phone tutoring, BEC website access, and online support. Note that during the COVID-19 pandemic we have suspended all in-person classes. When you pay and register for a class you agree and are bound by the applicable terms and conditions.
Registration day ("Registration day") is the day BEC receives your payment.
• Full refund is issued when you cancel your registration ten(10) calendar days prior to the class date.
• Partial refund - 50% of the amount collected by BEC - is issued when you cancel your registration five(5) calendar days prior to the class date.
• When you cancel your registration on or after the fourth calendar day prior to the class date, you waive your right for a refund.
• When you do not show up for a class and have not taken any of the above actions to cancel your registration or reschedule a class you waive your right to any amount of refund.
Our method of instruction includes resources, phone tutoring, BEC website access, and online support. Please keep in mind that these services are part of the class that you have paid for. If you have received any resources, phone tutoring, or online support, or have accessed paid classes on the BEC website, you will not be eligible for a full refund even if you have not been present for classroom instruction.
To cancel your registration, please send an email to firstname.lastname@example.org. Please include your full name and your transaction ID included in your payment confirmation email from paypal, located on the top right side of the email. Check and money order payments are subject to a $10 refund fee and refunds are initiated ten(10) business days after the registration day.
Please allow ten(10) business days to process any requests for cancellation or refunds.
• To reschedule a class please notify BEC on or before the tenth(10) calendar day prior to the class date.
• When you do not show up for a class and have not taken any of the above actions to cancel your registration, or reschedule a class, you waive your right to reschedule the class to a later date.
To reschedule a class please send an email to email@example.com attention "Reschedule" and provide your full name, date of class, and subject.
USE OF THE SITE
This Site is only for your personal use. As long as you comply with the TCOUS, BEC grants you a non-exclusive, non-transferable, non-sub licensable, limited right to enter, view, and use the Site.
You agree that your use of the Site will comply with applicable laws. In addition, you agree not to take any steps in connection with your use of the Site that could adversely affect BEC, including engaging in or attempting to engage in the following conduct:
• interrupting the operation of this Site in any manner whatsoever, including by imposing an unreasonable load on the Site's infrastructure;
• deleting or revising any material or other information of any other user, BEC, or any third party;
• harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
• deciphering, decompiling, disassembling, or reverse-engineering any of the software comprising or in any way making up a part of the Site;
• posting advertisements or solicitations of business other than those explicitly approved by BEC;
• defeating, investigating, or providing information concerning methods of defeating Site security mechanisms, which includes allowing another person to access the Site using credentials issued to you, or by falsifying, deleting, or concealing Internet Protocol header, email sender, or other identifying information;
• engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in BEC's judgment, exposes BEC or any of its users, customers, or suppliers to any liability or detriment of any type; or
• taking any other action that could endanger or cause damage to BEC, other users of the Site, or other third parties.
BEC may take any actions that it deems appropriate if it determines, in its exclusive discretion, that you have engaged in any of these practices or otherwise violated these Terms and Conditions of Use and Services. Such actions may include termination of your license to access the Site and/or initiation of civil or criminal legal proceedings. Under these circumstances, BEC may also investigate your use of the Site and provide information about your use to law enforcement.
You may be required to agree to a supplemental TCOUS agreement in order to access certain portions of the Site, which are known as "subsites." If you attempt to access a subsite that requires you to enter into such a supplemental agreement, BEC will advise you and provide you with an opportunity to review the supplemental terms and agree to them before accessing the subsite or using such subsite's services. Both these TCOUS and the supplemental terms will govern your use of the subsite. In the event of any inconsistency between these Terms and Conditions of Use and Services and the supplemental terms, the supplemental Terms and Conditions of Use and Services will control, except that nothing in the supplemental Terms and Conditions of Use and Services may limit (a) BEC's disclaimer of warranties, (b) your agreement to indemnify BEC, or (c) the licenses you grant to BEC in your Communications or other intellectual property.
OUR INTELLECTUAL PROPERTY RIGHTS
All materials on the Site, including but not limited to, images, software, audio, text, documents in any format including but not limited to Word and PDF, and video (the "Content"), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Content is owned or licensed by BEC or by its third-party licensors. You may view and download the Content for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Content or on any copies of the Content. Any unauthorized use of the Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not change the Content in any way or reproduce, publicly display, distribute or otherwise use the Content for any public or commercial purpose. Any reproduction of the Content on any other website or networked computer environment for any purpose is prohibited.
BEC trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to BEC (collectively, the "Trademarks") displayed on the Site, including but not limited to the BEC logo, are registered and unregistered marks of BEC. All other trademarks, trade names, product names, service marks and all other non-BEC marks are the property of their respective owners. Nothing contained on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of BEC or such third party that may own other trademarks displayed on the Site. The absence of a product or service name or logo anywhere in the text of this Site does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe in good faith that your copyrighted work has been reproduced on or linked from the Site without authorization in a way that constitutes copyright infringement, please provide BEC with the following information:
• identification of the copyrighted work claimed to have been infringed;
• identification of the allegedly infringing material on the Site that is requested to be removed;
• your name, address, and daytime telephone number, and an e-mail address if available, so that BEC may contact you if necessary;
• a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
• a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
• an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
By U.S. Mail:
Brooklyn Education Center
40 Exchange Place, 3rd Floor
New York, NY 10005
This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the Site. Upon receipt of such a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), BEC will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the United States, and will terminate the Site privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
USERNAMES AND PASSWORDS
Certain areas of this Site may offer the opportunity to create an account. You will be asked to create a username and password in connection with such an account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify BEC of any unauthorized use of your password or account or any other breach of security that you become aware of. BEC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
If BEC requests that you provide information about yourself in connection with your creation of an account, you agree that the information that you provide will be entirely truthful and accurate. If the information that you provide to BEC changes, you agree to promptly provide BEC with updated information.
USE OF SOFTWARE
Any software that is available on this Site ("Software") is the copyrighted work of BEC and/or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is strictly prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software. You may not download any Software until you have read and accepted the terms of the accompanying software license.
WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, BEC, ITS PARENT, SUBSIDIARY, AND AFFILIATE COMPANIES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
U.S. Government Restricted Rights: The Software available on the Site and accompanying documentation that is downloaded from this Server for, or on behalf of, the United States of America, its agencies and/or instrumentalities are provided with Restricted Rights. You agree to meet all requirements necessary to ensure that the Federal Government will honor such rights. Disclosure, use, or reproduction of the Software and accompanying documentation are subject to restrictions set forth at [Federal Acquisition Regulation 52.227-14, when applicable, or in the Department of Defense Federal Acquisitions Regulations Supplement 252.227-7013.]
Export Controls: Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or using the Commerce Department's Table of Deny Orders. By downloading any Software, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.
COMMUNICATIONS AND SUBMISSIONS
Other than Personally Identifiable Information, which is defined and covered in the BEC's Online Privacy Statement, any material, information or other communication you send or post to this Site ("Communications") will be considered non-confidential and non-proprietary. BEC will have no obligations with respect to the Communications.
By posting, uploading, adding, communicating, storing, or otherwise transmitting Communications on, to, or through the Site, you understand and agree that you are giving BEC a royalty free, irrevocable, perpetual, non-exclusive, and fully sub licensable license to edit, alter, broadcast, post, publish, copy, disclose, distribute, perform, create derivative works from, incorporate, and otherwise use the Communications and images, sounds, text, and other things embodied therein for any and all purposes, including commercial, promotional, or marketing purposes throughout the world in any form, medium, or technology now known or later developed. However, you agree that BEC has no obligation to use any idea or material contained in a Communication and you have no right to compel such use.
You agree that none of your Communications will include material that:
• is unlawful, threatening, libelous, defamatory, indecent, obscene, pornographic, or that may violate any law;
• could interfere with anyone else's use of the Site;
• encourages or incites anyone to break the law;
• violates the rights of any party, including copyrights and other property right and rights of privacy, or that includes personal or sensitive information regarding yourself or another person;
• contains a virus or any other harmful or potentially harmful component; or
• contains false or misleading statements of fact or descriptions of the origin of the material or the communication.
Although you are solely responsible for the content you provide, BEC may, but is not required to, monitor Communications. If BEC becomes aware of Communications that violate the TCOUS or that it believes to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, BEC may act to restrict access to or availability of this material, without notice to you and in its sole discretion, or may take other action as described elsewhere in the TCOUS.
If you notice that any other user's submissions appear to violate these TCOUS, or if any other user ever makes you feel harassed or unsafe, please contact BEC by sending an email to firstname.lastname@example.org.
Internet transmissions are never completely private or secure. You understand that any Communications that you send to this Site may be read or intercepted by others. By sending Communications to BEC, you release BEC of any duty or obligation it might otherwise have to review or act in response to the Communication, and of any duty or obligation that it might otherwise have to you in connection with any action it chooses to take in response to your Communication.
THIRD PARTY COMPANIES & PRODUCTS
Mention of third party products, companies, educational institutions and web sites on this Site is for informational purposes only and constitutes neither an endorsement nor a recommendation. BEC makes no representations regarding the quality, safety, or suitability of any products by third party companies. Likewise, links to third party sites are provided for your convenience only, and BEC is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that BEC approves, or endorses or recommends that site. BEC disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk.
RULES FOR KIDS (UNDER THE AGE OF 13)
This site is not directed to children under 13 and we do not knowingly collect information from children under 13 without complying with applicable law.
AVAILABILITY OF PRODUCTS AND SERVICES
The products and services displayed on this Site are intended for use or sale in the United States and Canada only and may not be available for purchase in your particular country or locality. The reference to such products and services in the Site does not imply or warrant that these products or services will be available at any time in your particular location.
SITE INFORMATION REGARDING BEC PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE, AND SPECIFICATIONS IS SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION DOES NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY BEC WITH RESPECT TO ANY PRODUCT OR SERVICE AND BEC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY. MERCHANTABILITY, SUITABILITY FOR ANY PARTICULAR PURPOSE OR COMPLETENESS THEREOF.
YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BEC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SITE, (3) THAT BEC WILL CONTINUE TO PROVIDE THE SITE OR, IF IT DOES CONTINUE TO PROVIDE THE SITE, THAT THE SITE WILL CONTINUE TO PROVIDE THE SERVICES IT CURRENTLY PROVIDES OR THAT THE SITE WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF YOUR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE SITE FOR ANY PARTICULAR AMOUNT OF TIME.
OTHER USERS OF THE SITE MAY SUBMIT COMMUNICATIONS IN A WAY THAT IS PUBLICLY ACCESSIBLE, AND BEC CANNOT PREDICT THE COMMUNICATIONS THAT USERS POST. BEC THEREFORE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE SITE WILL BE APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR THAT YOU WILL NOT BE HARMED BY VIEWING THE CONTENT ON THE SITE. BECAUSE ACCESSING THE SITE IS INHERENTLY RISKY, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR DECISION TO ACCESS IT.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BEC'S NEGLIGENCE OR GROSS NEGLIGENCE, WILL BEC, OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, EVEN IF BEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
BEC DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW. BEC ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. NOTWITHSTANDING THE LIMITATION OF LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL BEC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
You agree to indemnify, defend and hold BEC and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent, (collectively "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation attorneys' fees and costs), incurred by the Indemnified Parties in connection with your use of the Site or any claim in connection with or resulting from any breach by you of these Terms and Conditions of Use and Services. You agree to cooperate fully in BEC's defense of any such claim. You agree that BEC shall be entitled to select its own counsel, at your expense, to defend it in connection with any claim subject to indemnification by you. You agree that BEC, and not you, will have control over the defense of any such claim. You further agree that you will not in any event settle any matter involving BEC, whether or not the settlement binds or is on behalf of BEC, without the written consent of BEC.
BEC may terminate this agreement and/or suspend or terminate your access to the Site for any reason at any time without notice to you. If you wish to discontinue your access to the Site and cancel any account that you have been issued, please refer to the supplemental terms of that particular subsite or service.
Otherwise applicable sections of the TCOUS shall survive any termination of your account or this agreement. In particular, because the licenses you grant to us in your Communications are perpetual, these licenses survive any termination of this agreement.
This Site is administered by BEC from its offices in Brooklyn, New York, United States of America and is intended only for use by residents of the United States of America and Canada. These TCOUS are governed and interpreted under the laws of the State of New York. You agree that any claim or dispute against BEC arising out of or relating to the use of this Site must be resolved by a court located in New York unless otherwise agreed upon by all parties.
These TCOUS and the BEC Online Privacy Statement, which are part of this agreement and are incorporated herein by reference, set forth the entire understanding and agreement between you and BEC with respect to the Site. You acknowledge that any other agreements between you and BEC with respect to the Site are superseded and of no force or effect. If any provision of the TCOUS shall be determined to be unlawful, void, or for any reason unenforceable by a court or other legal authority of competent jurisdiction, then that provision will be severed from the TCOUS and will be deemed replaced by an equivalent enforceable provision that, as nearly as possible, reflects the intent of the parties. The severance of any individual provision of the TCOUS will not affect the validity and enforceability of any remaining provisions.
BY CONTINUING TO USE THE SITE, YOU AGREE TO BE BOUND BY THE TCOUS