TERMS OF SERVICE AGREEMENT
Updated August 24, 2020.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 08/01/2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Beyond the Professoriate, also known as Beyond Prof, located at 3368 S Verbena Ct, Denver, Colorado 80231 and our subsidiaries and affiliates, in association with the use of the Beyond Prof website, which includes beyondprof.com, (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
Beyond the Professoriate provides information via blog posts, coaching, webinars, and recorded videos, about professional development and job search strategies for graduate students and PhDs.
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Beyond the Professoriate. At its discretion, Beyond the Professoriate may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Beyond the Professoriate does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that Beyond the Professoriate shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Beyond the Professoriate shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
Information, advice, or coaching provided by Beyond the Professoriate, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors, is advice and opinion only, and should not be taken to be medical or legal advice. It is the duty and responsibilities of all users to verify the accuracy and appropriateness of the information they receive through Beyond the Professoriate’s Services and Websites. You agree to hold Beyond the Professoriate and its employees, agents, officers, and partners, harmless for any hardship, known or unknown, that may befall you in following any advice or information you receive.
All users herein agree to insure and hold Beyond the Professoriate, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Beyond Prof Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Beyond Prof’s sites.
Beyond the Professoriate shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Beyond the Professoriate shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either Beyond the Professoriate or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Beyond the Professoriate shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Beyond the Professoriate’s Services, Website, or Software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Beyond the Professoriate or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Beyond the Professoriate Services (e.g. Content or Software), in whole or part.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF BEYOND THE PROFESSORIATE SERVICES AND WEBSITE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND WEBSITE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. BEYOND THE PROFESSORIATE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) BEYOND THE PROFESSORIATE AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) BEYOND THE PROFESSORIATE SERVICES OR WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) BEYOND THE PROFESSORIATE SERVICES OR WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE BEYOND THE PROFESSORIATE SERVICES OR WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR WEBSITE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE WEBSITE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF BEYOND THE PROFESSORIATE SERVICES OR WEBSITE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM BEYOND THE PROFESSORIATE OR BY WAY OF OR FROM OUR SERVICES OR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BEYOND THE PROFESSORIATE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BEYOND THE PROFESSORIATE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST US FOR USE OF THE WEBSITE IS TO STOP USING IT. THAT SAID, IF BEYOND THE PROFESSORIATE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, OUR TOTAL LIABILITY SHALL NOT EXCEED $100.00.
Other than disputes regarding the intellectual property rights of the parties, you agree that any other claim or controversy arising out of or relating to the shall be settled exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association before a single arbitrator taking place in Denver, Colorado. You agree to give up your right to go to court to assert or defend any claims between you and Beyond the Professoriate, its affiliates and their respective its officers, directors, agents, investors, and employees, and your right to participate in a class action or other class proceeding. All claims and controversies must be arbitrated on an individual basis and may not be consolidated with any other claims or controversies. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. Judgment on the arbitration award may be entered into any court having jurisdiction in Denver, Colorado. You or Beyond the Professoriate may seek any preliminary or interim relief from a court of competent jurisdiction in Denver, Colorado solely as necessary to protect the rights of property pending the completion of arbitration. Any proceeding required to enforce this arbitration agreement may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is held to be unenforceable, any litigation against BEYOND THE PROFESSORIATE, its affiliates and their respective officers, directors, agents, investors, and employees may be commenced only in federal or state courts located in Denver, Colorado, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of those courts for such purposes. The parties shall equally share the cost of the arbitration; provided that the arbitrator may award to the prevailing party the costs and expenses incurred to enforce its rights, including, but not limited to reasonable attorneys’ fees, court costs, expert fees and collection expenses.
In the event you have a dispute, you agree to release Beyond the Professoriate (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
Beyond the Professoriate may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Beyond the Professoriate trademarks, copyright, trade name, service marks, and other Beyond the Professoriate logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Beyond the Professoriate. You herein agree not to display and/or use in any manner the Beyond the Professoriate logo or marks without obtaining Beyond the Professoriate’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Beyond the Professoriate will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Beyond the Professoriate may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Beyond the Professoriate Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Beyond the Professoriate
Attn: Copyright Agent
PO Box 6811
Denver, Colorado 80206
As part of its services, Beyond the Professoriate hosts live webinars. To meet accessibility requirements, Beyond the Professoriate will make reasonable efforts to accommodate those who are deaf or hard of hearing by providing post-production closed captioning upon request. To make such requests, email firstname.lastname@example.org
This TOS constitutes the entire agreement between you and Beyond the Professoriate and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Beyond the Professoriate Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Beyond the Professoriate Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Beyond the Professoriate with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Colorado without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Beyond the Professoriate, shall be filed within the courts having jurisdiction within the County of Denver, Colorado or the U.S. District Court located in said state. You and Beyond the Professoriate agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Beyond the Professoriate fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 30 days after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Beyond the Professoriate as follows:
PO Box 6811
Denver, Colorado 80206