Terms & Conditions

Because Learning Terms of Use

1. Introduction

Each time you use this website, you agree to be bound by the following Terms of Use, which you agree may be amended from time to time with or without notice to you. Any amendment will be located on this webpage and we encourage you to check back frequently for any updates and amendments. In addition, if you are using a particular service on or through this website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON THIS WEBSITE. YOUR USE OF THIS WEBSITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS WEBSITE. IF YOU DO NOT CEASE USING THIS WEBSITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

2. Our Service

Our website and services provided to you through our website are provided on an AS IS basis. You agree that Because Learning, Inc. (“Because Learning”, “we”, “us”) exclusively reserves the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its services or delete the data you provide, whether temporarily or permanently. Because Learning shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Your Responsibilities and Registration Obligations

In order to access certain services or make purchases on this website, you must register on our site, agree to provide truthful information as requested, and be at least the age of eighteen (18) unless registering through your school. By registering an account on our website, you explicitly agree to our Terms of Use and Privacy Policy as may be modified by us from time to time and available here.

4. Privacy

Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy located at http://www.BecauseLearning.com/terms.

5. Password Restricted Areas of this website.

You may need a password to login to certain areas of this website and to use certain functions within this website. You are responsible for maintaining the confidentiality of your password and account, and agree to notify Because Learning if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account and login. You agree to immediately notify Because Learning of any unauthorized use of your account or any other breach of security in relation to this website known to you.

6. Purchases

If applicable, you agree to pay all fees or charges to your account based on Because Learning’s fees, charges, and billing terms. You are also responsible for paying any taxes that may apply. If Because Learning cannot charge your credit card or other payment method for any reason, Because Learning reserves the right to either suspend or terminate your access to the website and your account and terminate these Terms of Use.

7. Conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“Content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You have full responsibility for each such submission of Content you make, including its legality, reliability, appropriateness, and trademark and copyright ownership and agree that it is provided on a non-proprietary and non-confidential basis. You hereby assign, transfer and convey to Because Learning all your worldwide right, title and interest in and to your Content submissions, and the complete right to exploit or otherwise use the Content submissions or any portion thereof, in any form of medium, expression or technology now known or hereafter known or developed, and all contract and licensing rights. However, Because Learning agrees to use all of your Content submissions in accordance with Because Learningt’s Privacy Policy applicable to personally identifiable information.

You further agree that you will not upload, post or otherwise make available on this website any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Content submission that you make.

You represent and warrant that: (i) you own all Content posted by you on or through this website or otherwise have the right to grant the ownership to Because Learning set forth in this section, and (ii) the posting of such Content on or through this website does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Content posted by you to or through this website.

You explicitly agree, in using this website or any service provided, that you shall not:

  1. Use the Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
  2. Use racially, ethnically, or otherwise offensive language;
  3. Discuss or incite illegal activity;
  4. Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
  5. Post anything that exploits children or minors or that depicts cruelty to animals;
  6. Post any copyrighted or trademarked materials without the express permission from the owner;
  7. Impersonate or misrepresent your association with any person, entity, or educational institution, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you (if any);
  8. Collect or harvest any data about other users of this website or services provided by Because Learning;
  9. Provide or use this website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or promotion;
  10. Use the Content in such a manner as to give rise to civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets;
  11. Use any robot, spider, scraper or other automated means to access the website;
  12. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or
  13. Alter the opinions or comments posted by others on this website.

This list of prohibitions provides examples and is not complete or exclusive. Because Learning reserves the right to (a) terminate your access to your account, your ability to post to this website (or the services) and (b) refuse, delete or remove any Content submission; with or without cause and with or without notice, for any reason or no reason, or for any action that Because Learning determines is inappropriate or disruptive to this website or to any other user of this website and/or services. Because Learning may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Because Learning’s discretion, Because Learning will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this website or on the Internet. These prohibitions do not require Because Learning to monitor, police or remove any Submissions or other information submitted by you or any other user.

8. Third Party Services and Content

Certain information and other content may be offered or provided by third party licensors and suppliers to Because Learning (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work, or the goods or services, of the creator/licensor. Representations made regarding products and services provided by third parties are governed by the policies and representations made by those third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties. You agree to only use the Third Party Content solely for your personal use. You acknowledge and agree that unless otherwise agreed, you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. BECAUSE LEARNING DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

9. Links to Third Party Sites

This website may be linked to other websites that are not owned by Because Learning. Because Learning is providing these links to you only as a convenience, and Because Learning is not responsible for such linked websites, including, without limitation, the content or links displayed on such websites. Such links do not constitute an endorsement by Because Learning of those third party websites. You acknowledge that your use of any third party website is subject to the terms of use and privacy policies located on the linked third party websites.

10. App Stores

You acknowledge and agree that the availability of any software application or the services provided via this website are dependent on the third-party from which you received such application, if applicable (e.g., the Apple or Android app stores).

11. Indemnification

You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your provision of Content, your violation of these Terms of Use or any other violation of the rights of another person or party.

12. Cap on Liability

UNDER NO CIRCUMSTANCES WILL BECAUSE LEARNING BE LIABLE TO YOU FOR MORE THAN FIFTY DOLLARS ($50).

13. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU AS IS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.

Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

14. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

15. Reservation of Rights

We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided (“Materials”). Because Learning grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the services on this website solely for your personal use. Certain content provided by us on this website is governed by an International Public License. Such content may only be used in accordance with such International Public License. Except for the licenses set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.

Any license set forth above terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination of these limited licenses, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this website or any Materials.

16. Applicable Law

You agree that this Terms of Use and any dispute arising out of your use of this website or our products or services shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. By registering or using this website and service you consent and submit to the exclusive jurisdiction and venue of Salt Lake County, Utah. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. The laws of the jurisdiction where you are located may be different from Utah law.

17. Local Laws & Export Control

Because Learning controls and operates this website from its headquarters in the United States of America and the content displayed hereon may not be appropriate or available for use in other locations. If you use this website outside the United States of America, you are responsible for following applicable local laws. You agree that you will use the website and its services in compliance with all export control laws, restrictions and regulations of the United States and all other relevant countries. You further agree not to export, or allow the export or re-export of Content (including any software, technical data, or any direct product thereof): (i) in violation of any applicable export control laws, restrictions, or regulations, including, but not limited to, the Export Administration Regulations (15 C.F.R. Part 730 et. seq.) and the International Traffic in Arms Regulations (22 C.F.R. Part 120 et. seq.) of the United States; (ii) to persons designated by the U.S. Treasury Department as either a Specially Designated National or a Foreign Sanctions Evader; (iii) persons designated by the U.S. Commerce Department on the Entities List, the Denied Persons List, or the Unverified List; (iv) any person or entity located in a country that is or becomes subject to U.S. embargoes (collectively, the “Embargoed Countries”); or (v) any person that is a national of an Embargoed Country, wherever located, unless and until all required licenses or authorizations are obtained from the relevant government authorities. If you are accessing or downloading Content, (including services, any software, technical data, or any direct product thereof), you represent that you are authorized to do so and that such accessing or downloading of content does not violate applicable law. You agree that you are solely responsible for compliance with U.S. and applicable export control laws, restrictions, and regulations. Your rights under the Terms of Use are contingent upon your compliance with this and all other provisions.

18. Miscellaneous Information

By using the website and/or the services provided on or through this website, you consent to receiving electronic communications from Because Learning. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the website and/or services provided on or through the website. These electronic communications are part of your relationship with Because Learning. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

In the event that these Terms of Use conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and intact.

The failure of either party to assert any right under these Terms of Use shall not be considered a waiver of any that party’s right and that right will remain in full force and effect.

You agree that without regard to any statute or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred.

We may assign our rights and obligations under these Terms of Use and we shall be relieved of any further obligation.

19. Questions about the Terms of Use

We will continually monitor user feedback and seek to improve our services to meet your needs. If you have any questions about these Terms of Use, the practices of this website, the content displayed hereon or your dealings with the website, or would like to provide comments, you can send us an e-mail at info@BecauseLearning.com, or contact us by mail to:

Because Learning
341 South Main Street, Suite 111 Salt Lake City, UT 84111

The Because Learning Terms of Use were last updated on September 12, 2017.