BY SIGNING UP FOR THE PLATFORM, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND RESIDE IN THE UNITED STATES; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE” AND DO NOT ACCESS OR USE THE PLATFORM.
Accessing the Platform
You are responsible for making all arrangements necessary for you to have access to the Platform.
By enrolling in the Platform, you expressly consent to receiving coaching communications from us by email, call, or text. By providing us with your email address and phone number(s) when enrolling in the platform, you represent that you have the authority to use any email address and/or phone number(s) you provide. Standard messaging rates may apply to text communications, and you agree that you are solely responsible for any network, text, or data charges you incur when communicating with us. You also agree to our recording of your communications with us.
We reserve the right to withdraw or amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform.
Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Pack Education, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content from the Platform. You must not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, or any features or functionality of the Platform, to any third party for any reason. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform. You must not remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform, including any copy thereof
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of this Agreement, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Pack Education. Any use of the Platform not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
You may use the Platform only for lawful purposes and in accordance with this Agreement. You agree not to use the Platform:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To impersonate or attempt to impersonate Pack Education, one of its employees, another user, or any other person or entity (including, without limitation, by using email addresses or phone numbers associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Pack Education or users of the Platform, or expose them to liability.
Additionally, you agree not to:
- Use the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Platform.
- Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
- Use any manual process to monitor or copy any of the material on the Platform, or for any other purpose not expressly authorized in this Agreement, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Platform.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Platform.
Reliance on Information
The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other Platform user or by anyone who may be informed of any of its contents.
The Platform may display, include, or make available content provided by third parties or provide links to third-party websites or services (“Third-Party Materials”). Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. All statements and/or opinions expressed in any Third-Party Materials are solely the opinions and the responsibility of the person or entity providing such content and do not necessarily reflect the opinion of Pack Education. We are not responsible, or liable to you or any third party, for the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of any Third-Party Materials.
Pack Education is based in the United States and the Platform provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Platform outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, we do not guarantee its functionality, and you are responsible for compliance with applicable local laws.
THE PLATFORM IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PACK EDUCATION, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, PACK EDUCATION PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PACK EDUCATION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM OR ANY THIRD-PARTY MATERIALS LINKED TO IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE, DATA, OR OTHER MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY THIRD-PARTY MATERIALS LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Pack Education and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Platform or your breach of this Agreement.
Pack Education respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes:
- The types of information we may collect or that you may provide when you enroll in or use the Platform.
- Our practices for collecting, using, maintaining, protecting, and disclosing that information.
- Information we collect offline.
- Information you provide to or that is collected by any third party.
- Your educational institution’s use of information processed through the Platform.
Your educational institution and other third parties may have their own privacy policies, which we encourage you to read before providing information to them.
Information We Collect and How We Collect It
We collect information about users of our Platform:
- Directly from you when you provide it to us.
- From your educational institution, with your consent.
Information Provided by You or Your Educational Institution
- When you initially register for the Platform, you will need to provide your name, email address, and phone number, so that we can enroll you in the program and communicate with you. We also ask you to provide us with information about your background and educational history so that we can confirm your eligibility and facilitate your coaching process.
- With your consent, after you complete your registration, your educational institution will provide us with your contact information to verify your eligibility and it will provide us with your advisor information.
- Any information you provide by text, phone call, or email to your academic coach will be recorded and maintained by us.
How We Use Your Information
We also use information that we collect about you or that you provide to us to:
- Provide you with our Platform and its contents, and any other information, products or services that you request from us.
- Communicate with you, including through texts, phone calls, and email.
- Notify you of changes to any services or functionalities we offer or provide though the Platform.
- Fulfill any other purpose for which you provide it.
- Carry out our obligations and enforce our rights.
Disclosure of Your Information
We may disclose aggregated information that does not identify specific users without restriction.
In addition, we may disclose personal information that we collect or that you provide:
- To your educational institution.
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our Platform and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Pack Education’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Pack Education about our Platform users is among the assets transferred.
- To fulfill the purpose(s) for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce our rights arising from any contracts entered into between you and us, or between us and your educational institution.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Pack Education, our customers, or others.
Your Choices About Our Collection, Use, and Disclosure of Your Information
You can unenroll from the Platform at any time by calling, texting, or emailing your academic coach and letting them know that you no longer with to participate in the program. Once you unenroll, we will stop communicating with you and will not collect additional information from you, unless and until you re-enroll in the Platform.
We do not control your educational institution’s collection or use of your information. Please contact your educational institution if you have questions about your educational records.
We have implemented commercially reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The Platform is not intended for children under 13, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13, we will delete that information. If you believe we might have any information from or about a child, please contact us so that we can delete their information.
This policy may change from time to time. Your continued use of our Platform after we revise this policy means you accept those changes, so please check the policy periodically for updates. If we make material changes to how we treat our users’ personal information, we will inform you in accordance with applicable law.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
This Agreement is governed by and construed in accordance with the laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama in each case located in the county of Jefferson. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
This Agreement constitutes the entire agreement between you and Pack Education with respect to the Platform and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Platform.
No waiver by Pack Education of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pack Education to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If you have questions or comments about the Platform, please contact us by emailing: firstname.lastname@example.org
Last Updated: July 17, 2020