Beyond The Basics Health Academy, LLC, owners of the Beyond The Basics Health Academy (“Beyond The Basics Health Academy”), Welcomes You to its online website (including all content and functionality available through the http://beyondthebasicshealthacademy.com domain name, the “Site”). Beyond The Basics Health Academy is delighted to provide You with access to the Site, related data, Beyond The Basics Health Academy content, and related documentation and information through the App in connection with the services provided by Beyond The Basics Health Academy (collectively the “Services”). The terms “You”, “Your”, “Yours” and “User” refers any and all users of the Site or App.
1.1 Proprietary Rights. The entire contents displayed on the Site and App (the “Content”) has copyrighted protection as a collective work under the laws of the United States, other copyright laws, and the common law. Beyond The Basics Health Academy is the sole exclusive owner of the Content. There may be collective work that is the property of other third parties with such collective work also being protected by copyright laws and other intellectual property laws. You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of the Site only for non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Site or App. You agree not to use any Beyond The Basics Health Academy logo, images or any other proprietary graphic or trademark without Beyond The Basics Health Academy’s express written consent. As between the parties, title, ownership rights, and intellectual property rights in the Content, and any copies or portions thereof, shall remain in Beyond The Basics Health Academy and/or its content providers. Third-party trademarks, service marks and logos contained in the Site are owned and licensed by their respective owners. Any and all rights not expressly granted herein are reserved.
1.2 Grant of Limited License. Your access to the Service is licensed and not sold. Subject to the terms of this Agreement and upon Your accessing the Site, Beyond The Basics Health Academy hereby grants You a revocable, non-exclusive, non-transferable account enabling You to access and use the App and the Site. All the Content that is made available to view and/or download in connection with the Site and App is owned by and is the copyrighted work of Beyond The Basics Health Academy and/or its suppliers and is licensed, not sold. You do not have the right to lend, lease, rent or sublicense the Site, the App and/or the Content.
1.3 Use of the App.
(a) General. In addition to the terms set forth in this Agreement, Your use of the App is subject to the following additional terms (the “App Terms”): You understand and agree that (i) Your use of the App is conditioned upon Your acceptance of these App Terms, (ii) the App contains copyrighted material, trade secrets, and other proprietary materials of Beyond The Basics Health Academy and its licensors, and (iii) in order to protect those proprietary materials, except as expressly permitted by applicable law, neither You nor a third party acting on Your behalf will: (a) decompile, disassemble or reverse engineer the App; (b) modify or create derivative works of the App; (c) use the App in any manner to provide service bureau, commercial time-sharing or other computer services to third parties; (d) transmit the App or provide its functionality, in whole or in part, over the Internet or other network (except as expressly permitted above); (e) sell, distribute, rent, lease, sublicense or otherwise transfer the App to a third party; or (f) use components of the App to run applications not running on the App.
(b) App User Agreement. YOU HEREBY AGREE: (i) to only use the App to access and/or use the Services; (ii) to not use any software or services in conjunction with the Service or authorized third-party software which modifies or reroutes, or attempts to modify or reroute, the Service; (iii) will not authorize any third party to access and/or use the Service on Your behalf using any automated process such as a BOT, a spider or periodic caching of information stored by the Service on Your behalf without a separate written agreement with Beyond The Basics Health Academy (iv) will not use any software or hardware that reduces the number of Users directly accessing or using the Service (sometimes called ‘multiplexing’ or ‘pooling’ software or hardware); (v) will not lend, lease, rent or sublicense the App; (vi) to permit Beyond The Basics Health Academy to send and deliver updates to You as part of Your use of the App; and (vii) to allow the App to automatically download and install updates from time to time from Beyond The Basics Health Academy which are designed to improve, enhance and further develop the App and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.
1.4. User’s Restrictions. You are not permitted, directly or indirectly, to (i) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written consent of Beyond The Basics Health Academy or the copyright owner; or (ii) distribute, display (except for the purposes set forth in Section 2), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content or any Submitted Content, in whole or in part; or (iii) remove any proprietary notices or labels on the Content or any Submitted Content.
2.1 Submitted Content. You are solely responsible for the information, and other content that You upload, publish or display (hereinafter, “post”) on the Site or the App (collectively, the “Submitted Content”). You understand the Site and App are available to the public. Therefore, any information You consider confidential should not be posted to the Site or App. By posting Submitted Content, YOU AGREE that Beyond The Basics Health Academy may reveal Your identity and whatever information we know about You to any law enforcement agent or official in the event of a legal action arising from any Submitted Content posting by You. Beyond The Basics Health Academy cannot and does not screen content provided by You to the Site, the App or through the Services. Notwithstanding the foregoing, Beyond The Basics Health Academy reserves the right to monitor content on the Site and to remove content, which Beyond The Basics Health Academy, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Agreement or Beyond The Basics Health Academy’ operating policies for Users.
2.2 User Warranties and Representations. YOU WARRANT, REPRESENT AND AGREE that You will not contribute any Submitted Content or otherwise use the Site or App in a manner that (i) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) You should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, fraudulent, deceptive, or misleading or otherwise objectionable; (iv) adversely affects or reflects negatively on Beyond The Basics Health Academy’ goodwill, name or reputation or causes duress, distress or discomfort to Beyond The Basics Health Academy or anyone else, or discourages any person, firm or enterprise from using all or any portion, feature, or function of the Site or App, or from advertising, liking or becoming a supplier to use in connection with the Site or App; (v) send or result in the transmission or junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming”; (vi) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horse, spyware, or other potentially harmful programs or other material or information; (vii) falsely report to an employee or agent of Beyond The Basics Health Academy; (viii) circumvent, disable or otherwise interfere with security-related features of the Site, the App or its features that prevent or restrict use or copying of any content; (ix) intercept or attempt to intercept email or other private communications not intended for You; and/or (x) causes the Site to be used for commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other Site or web pages. You further warrant, represent and agree that You will not (x) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (y) use the Site to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; and (z) delete any author attributions, legal notices or proprietary designations or labels in a file that You upload to the Site or App. While it is not the intent of Beyond The Basics Health Academy to discourage You from reporting problems about the Services, nonetheless, Beyond The Basics Health Academy reserves the right to take such action as it deems appropriate or to remove any content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Beyond The Basics Health Academy is concerned that You may have breached the immediately preceding sentence), or for no reason at all.
2.3 License Grant. By posting any Submitted Content on publicly accessible locations on the Site or the App, You automatically grant (or warrant that the owner of such content has expressly granted) to Beyond The Basics Health Academy a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) You submit to public areas of the Site, alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses. You further acknowledge and agree that Your name, likeness, or Social Media Profile may be associated Your Submitted Content and You hereby grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use Your name, likeness, or Social Media Profile in association with Your Submitted Content. You agree that You shall have no recourse against Beyond The Basics Health Academy for any alleged or actual infringement or misappropriation of any proprietary right in Your communication to us. You hereby agree to also grant each User a non-exclusive license to access Your Submitted Content through the Site and/or the App, and to use, reproduce, distribute, display and perform such Submitted Content as permitted through the functionality of the Site, the App and under this Agreement. You further acknowledge and agree that no compensation will be paid with respect to the use of Your comments, as provided herein, that Beyond The Basics Health Academy may remove any comment at any time in its sole discretion. Further, when You post any Submitted Content on the Site or the App, You authorize and direct Beyond The Basics Health Academy to make such copies thereof as Beyond The Basics Health Academy deems necessary in order to facilitate the posting and storage of such content on the Site. If You choose to remove Your Submitted Content, the license granted above will automatically expire. However, You acknowledge that Beyond The Basics Health Academy may retain archived copies of the Submitted Content.
Beyond The Basics Health Academy reserves complete and sole discretion with respect to the operation of the Site and the App. Beyond The Basics Health Academy may, among other things: (a) delete email or private messages if it has not been accessed by a User within the time established by Beyond The Basics Health Academy policies; (b) subject to Section 1, make available to third parties information relating to the Users; and (c) withdraw, suspend or discontinue any functionality or feature of the Site and/or the App. Beyond The Basics Health Academy may, in its complete and sole discretion, review uploaded files, conferences, forums, and chats and authorize restrictions on access thereto. Beyond The Basics Health Academy will not review the contents of email or private messages except as required or allowed by applicable law or legal process.
4.1 General Disclaimer. THE SITE AND THE APP ARE PROVIDED BY BEYOND THE BASICS HEALTH ACADEMY ON AN “AS IS” BASIS. BEYOND THE BASICS HEALTH ACADEMY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE APP OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE OR THE APP. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BEYOND THE BASICS HEALTH ACADEMY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT PROVIDE ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS. BEYOND THE BASICS HEALTH, ACADEMY CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. BEYOND THE BASICS HEALTH, ACADEMY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE SITE OR THE APP WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. BEYOND THE BASICS HEALTH ACADEMY DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE OR APP WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. BEYOND THE BASICS HEALTH ACADEMY MAY CHANGE THE SERVICE OR THE FEATURES IN ANYWAY, AT ANY TIME AND FOR ANY REASON. ALTHOUGH BEYOND THE BASICS HEALTH ACADEMY HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE AND APP, BEYOND THE BASICS HEALTH ACADEMY ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF THE INFORMATION.
4.2 Informational Purposes Only. Any opinions expressed on the Site or the App are the personal opinions of the original author and not Beyond The Basics Health Academy, even though Beyond The Basics Health Academy may employ the original author. The Content is provided for informational and entertainment purposes only and is not an endorsement, guarantee, warranty or representation by Beyond The Basics Health Academy or any other party. Beyond The Basics Health Academy does not assume any responsibility or liability for any Submitted Content, blogs, opinions or other commentary posted on the Site, the App or any third party website linked to the Site or App and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the Content.
4.3 Disclaimer of Third Party Information. You understand that when using the Site or the App, You may be exposed to Submitted Content and third party content from a variety of sources, and that Beyond The Basics Health Academy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content or third party content. You further understand and acknowledge that You may be exposed to Submitted Content and third party content that may be offensive, indecent, inaccurate, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You currently have or may potentially have against Beyond The Basics Health Academy with respect thereto. You acknowledge that statements made on the Site, the App. Newsgroups, message boards, email, forums, conferences, chats or Submitted Content reflect only the views of their authors. Forum managers, forum hosts, content providers, or merchants appearing on the Site and the App, if applicable, are not authorized Beyond The Basics Health Academy spokespersons, and their views do not necessarily reflect those of Beyond The Basics Health Academy, and Beyond The Basics Health Academy does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BEYOND THE BASICS HEALTH ACADEMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT, BREACH OF YOUR REPRESENTATIONS CONTAINED HEREIN, OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE OR THE APP USING YOUR THE ACCOUNT.
NOTWITHSTANDING THE FOREGOING PARAGRAPHS BEYOND THE BASICS HEALTH ACADEMY WILL NOT BE LIABLE UNDER ANY THEORY OF LAW OR EQUITY, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, THE APP OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF BEYOND THE BASICS HEALTH ACADEMY HA MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SITE AND THE APP ARE CONTROLLED AND OFFERED BY BEYOND THE BASICS HEALTH ACADEMY FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. BEYOND THE BASICS HEALTH ACADEMY MAKES NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE OR APP FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Beyond The Basics Health Academy respects the intellectual property rights of others. You can notify Beyond The Basics Health Academy of possible copyright infringement, and Beyond The Basics Health Academy will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:
(a) A physical or an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
(b) A description of the copyrighted work or other intellectual property that You claim has been infringed;
(c) A description of where the material that You claim is infringing is located on the Site reasonably sufficient to permit Beyond The Basics Health Academy to locate the material;
(d) Your contact information, including Your address, telephone number, and email;
(e) A statement by You that You have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by You that the above information in Your notice is accurate and that You, made under penalty of perjury, are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Contact the agent designated to receive and act on copyright violations under the Digital Millennium Copyright Act (“DMCA”). Claims can be directed to us by email to [email protected]; by telephone at (952) 255-9689; or by mail to Beyond The Basics Health Academy, 865 N Brentwood Drive, Crystal Lake, Illinois, 55044, USA
Either You or Beyond The Basics Health Academy may terminate this Agreement at any time and for any reason. In addition, this Agreement will terminate immediately, without notice, if You fail to comply with the terms of this Agreement. Beyond The Basics Health Academy also reserves the right to terminate or suspend Your Account and access to the Site and Services without prior notice. Both You and Beyond The Basics Health Academy expressly agree that the provisions of Sections 1.1 (Proprietary Rights), 1.3 (Use of the App), 2 (Online Communications), 4 (Content and General Disclaimers), 5 (Indemnification), 6 (Waiver and Release), 7 (Limitation of Liabilities), 9 (Term and Termination), 10 (Privacy Rights) and 17 (Miscellaneous) shall survive any termination of this Agreement.
You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control (“OFAC”), or other United States or foreign agency or authority, and not to export, or allow the export or re-export of Material in violation of any such restrictions, laws or regulations. By downloading or using the Material, You are agreeing to the foregoing and You are representing and warranting that You are not located in, under the control of, or a national or resident of any restricted country or on any such list.
17.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. You agree that any legal action or proceeding between Beyond The Basics Health Academy and You for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Dakota County, Minnesota, United States. Any cause of action or claim You may have with respect to Beyond The Basics Health Academy must be commenced within one (1) year after the claim or cause of action arises. Beyond The Basics Health Academy failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
17.2 Waiver; No Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
17.3 Complete Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Service and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Service.
17.4 Attorneys Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
17.5 Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
17.6 Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any Nonprofit User, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this Agreement; except that Sections 5, 6, and 7 are intended to benefit Beyond The Basics Health Academy and its officers, directors, employees, agents, licensors, and suppliers. Beyond The Basics Health Academy may assign its rights and duties under this Agreement to any party at any time without notice to You.
Or in writing by mail to:
ATTN: Scott Borhauer
Beyond The Basics Health Academy
865 N Brentwood Drive,
Crystal Lake, IL 60014 USA
4848-3772-8284, v. 1.3