Course Terms and Policy

The following are the terms and conditions of this Agreement between the Student, the Student’s parent or guardian (Parent) if the Student is under 18 years old, and SDC Group, LLC., using the Tradename Beyond School Academy (BSA).

1. Student – The Student is hereby agreeing to attend a particular Online (if offered online) or In-person class provided by BSA. BSA conducts Online classes through the use of Google Hang Out or  or In-person classes at the designated location as mentioned in the registration form. The Student has selected the particular class (Class) and been informed of the title and description of the Class, the schedule of meetings, the length of each session, and the cost of the Class. The Student and the Parent agree to pay the cost in exchange for being allowed to attend each session Online or In-person as appropriate.

2. Payment Rules – Payment in full is required prior to the start of the first session. If payment in full is not received by BSA by the start of the second session, BSA retains the right at its sole discretion to prevent the student from having access to any further sessions. For all BSA classes, if a Student elects to terminate their attendance in this class, and BSA receives notification from the Student (or Parent) no later than the start of the second session, BSA will refund the entry cost within 30 days of its receipt of the notification. No refunds are permitted once the second session has begun.

3. Student Conduct – The Student and Parent understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the Student, and not BSA, is entirely responsible for all Content that the Student uploads, posts, e-mails, transmits or otherwise makes available for the Class. While BSA makes reasonable efforts not to allow offensive, indecent or objectionable material on this site, by attending the Class, the Student may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BSA be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available for the Class.

4. Course/Class Duration- Each class is conducted as a course for specific duration of time or on a rolling basis throughout the academic year. Course type classes have a set fee and length.  Non-Course based classes have monthly/semester/annual fees and are pro-rated depending on the student’s time of enrollment.  Make up classes (usually 2-3 depending on the duration of the course/class) are offered for each course and dates are set on the first day of the course upon discussion with student/student parent. BSA makes every effort to ensure student availability and need for the make up classes, however, cannot guarantee that makes up sessions for all students who miss one or more regular classes. Parents are encouraged to inform BSA at the beginning of each course if your student anticipates missing any class so that appropriate make up sessions can be  provided. 

   The Student agrees as follows:

    

   1. not to harm minors or cause minors to be harmed in any way;

    

   1. not to forge headers of postings, e-mails, or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted for the Class;

    

   1. not to impersonate any person or entity, including, but not limited to, an BSA employee, forum moderator, guide or guest, or falsely state or otherwise misrepresent your affiliation with any person or entity;

    

   1. not to upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

    

   1. not to upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure or confidential disclosure agreements);

    

   1. not to upload, post, e-mail, transmit or otherwise make available any information that you consider confidential in nature, which posting may cause you or any third party to lose rights to the intellectual property associated with the information;

    

   1. not to upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary and lawful rights of any party;

    

   1. not to upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. You understand that such postings may violate laws of various jurisdictions, and that you may be subject to prosecution or to civil suit;

    

   1. not to intentionally or unintentionally violate any local, state, national or international law;

    

   1. not to “stalk” or otherwise harass another; or collect or store personal data about other Students;

    

   1. to upload, post, e-mail, transmit or otherwise make available only material which the Student has created and to which the Student owns the copyrights; and

    

   1. to report any violations of the above immediately to BSA.

    

   6. Integration – This Agreement, together with any other documents referenced herein constitutes the entire agreement between the parties and supersedes all previous agreements, promises, proposals, representations, understandings, and negotiations, whether written or oral, between the parties respecting the subject matter hereof.

    

   7. License to Copy and Distribute Student Material – BSA does not claim ownership of the Content you submit or make available for inclusion for the Class. However, with respect to Content you submit or make available for the Class, the Student and Parent hereby grant a non-exclusive, perpetual, irrevocable, fully sub-licensable, world-wide, fully-paid-up license which allows BSA to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. The Student or Parent does not retain a right of attribution.

    

   8. Waiver – The failure of either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

    

   9. Enforceability – In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the invalid, illegal or unenforceable provision shall be replaced by the provision which, being valid, legal and enforceable, comes closest to the intention of the parties underlying the invalid, illegal, or unenforceable provision.

    

   10. Warranties – BSA makes no warranty that: (a) the Class will meet your requirements, (b) the Class will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the Class will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you relating to the Class or not will meet your expectations, and (e) any errors in the software will be corrected.

    

   BSA MAKES NO WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BSA SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY COVER OR SET OFF NOR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    

   11. Assignments – Neither party may assign or delegate any or all of its rights or its duties or obligations hereunder without the consent of the other party, which consent shall not be unreasonably withheld or delayed; provided, however, that either party may assign this Agreement, without the need to obtain consent of the other party, to an affiliate of such party or to a successor in interest to substantially all of the business of that party to which this Agreement relates. An assignee of either party authorized hereunder shall be bound by the terms of this Agreement and shall have all of the rights and obligations of the assigning party set forth in this Agreement. An assignment which is in violation of this Agreement is void.

    

   12. No Construction Against Drafter – If an ambiguity or question of intent arises with respect to any provision of this Agreement, the Agreement will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of this Agreement.

    

   13. Force Majeur – Either party shall be excused from performance and shall not be liable for any delay in whole or in part, caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers including, but not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, act of public enemy, failure or delay in transportation, act of any government or any agency or subdivision thereof affecting the terms hereof, accident, fire, explosion, flood, severe weather or other act of God, or shortage of labor or fuel or raw materials.

    

   14. Attorneys’ Fees – If any legal action is brought to construe or enforce any provision of this Agreement, the prevailing party shall be entitled to receive its reasonable attorneys’ fees and court costs in addition to any other relief it may receive.

    

   15. Use of Content – All materials and resources presented on or accessed for the Class is provided by BSA as a service to its visitors and readers and may be used for information purposes only. BSA assumes no responsibility for errors or omissions in these materials. BSA makes no commitment to update the information contained herein.

    

   16. Limits for Data Storage and Use – BSA may establish general practices and limits concerning the Class, including without limitation the maximum number of days that any Content contributed by you will be retained by BSA, the maximum disk space that will be allotted on BSA server space on your behalf, and the maximum number of times (and the maximum duration for which) you may access in a given period of time. BSA has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by BSA. BSA reserves the right to log off accounts that are inactive for an extended period of time.

    

   17. No Sale or Use – The Student agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the material made available for the Class. This does not apply to the resale of any books purchased by the Student.

    

   18. Copyright Infringement Claims – If the Student or Parent believes that any material on this web site is an infringement of the Student’s or Parent’s copyrights, the Student or Parent must notify the BSA Agent to Receive Notification of Claimed Infringement in a form and with the information specified under US copyright law. See the instructions on the US Copyright Office web site, www.copyright.gov. The name and contact information of the BSA Agent are contained elsewhere on this site.