Acknowledgement and Acceptance of Terms and Conditions
Agreement between User and www.bytesizelearning.org Welcome to www.bytesizelearning.org. The www.bytesizelearning.org website (the "Site") is comprised of various web pages operated by ByteSize Learning ("ByteSize"). www.bytesizelearning.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.bytesizelearning.org constitutes your agreement to all such Terms. ByteSize Learning reserves all rights not expressly granted to you in this Agreement. Please read these terms carefully and keep a copy of them for your reference.
Description of Service
ByteSize Learning offers live, online classes to young students of all ages during the summer months in programming, game design and multimedia topics.
www.bytesizelearning.org is an E-Commerce Site. ByteSize Learning provides courses using software taught by instructors in real-time
Visiting www.bytesizelearning.org or sending emails to ByteSize constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be inwriting.
Children Under Thirteen
ByteSize Learning collects personally identifiable information from children under the age of thirteen. ByteSize Learning collects this information for the following reason(s): ByteSize Learning collects basic demographic and interest information about our student to provide our instructors with additional material in helping them be successful. Collecting interest, disability, or accommodation information on our students helps us better serve them. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use www.bytesizelearning.org only with permission of a parent or guardian.
If at any point you are dissatisfied with your ByteSize Learning experience, you qualify for a partial prorated refund to full refund. Contact firstname.lastname@example.org to go through with your refund.
Links to Third Party Sites
www.bytesizelearning.org may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ByteSize and ByteSize is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ByteSize is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ByteSize of the site or any association with its operators. Certain services made available via www.bytesizelearning.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.bytesizelearning.org domain, you hereby acknowledge and consent that ByteSize may share such information and data with any third party with whom ByteSize has a contractual relationship to provide the requested product, service, or functionality on behalf of www.bytesizelearning.org users and customers.
No Unlawful or Prohibited Use of Intellectual Property
The Service is controlled, operated, and administered by ByteSize from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ByteSize Content accessed through www.bytesizelearning.org in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend, and hold harmless ByteSize, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees)relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ByteSize reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ByteSize in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis, class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF APRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ByteSize agree otherwise, the arbitrator ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ByteSize agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
ByteSize reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at anytime, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ByteSize as a result of this agreement or use of the Site. ByteSize 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ByteSize 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Byte Size with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ByteSize with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ByteSize with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. At any point and without prior notice, ByteSize Learning may terminate all services being provided and is not liable for any subsequent damages to users.
Changes to Terms
ByteSize reserves the right, in its sole discretion, to change the Terms under which www.bytesizelearning.org is offered. The most current version of the Terms will supersede all previous versions. ByteSize encourages you to periodically review the Terms to stay informed of our updates.
ByteSize welcomes your questions or comments regarding the Terms: ByteSize Learningadmin@bytesizelearning.org
Effective as of January 01. 2020