1. ACCEPTANCE OF TERMS

 

This website (“www.iarticulatementors.org”) and the Services (defined below) are owned and operated by iArticulate Educational Consultants LLC with offices at1045 Oakdale Place, Boulder, Colorado 80304("iArticulate Mentors", “Company”, “We”, “Our” or “Us”). These Terms and Conditions (this “Agreement”) constitute a binding agreement between the "iArticulate Mentors" and YOU, whether personally or on behalf of an entity(“End User”, “You” or “Your”). This Agreement governs your use of and access to the iArticulateMentors’s Website and the software platform and all related documentation and services (Collectively “Services”, Website or “Site”).

​

Our website is an E-Commerce Site that provides an educational Services and Consultation for Schools and Educational Organizations and individuals working in education. iArticulate Mentors provides the services and access to the website solely on the terms and conditions set forth in this agreement including our privacy policy found www.iarticulatementors.org/privacyand on the condition that you accept and comply with them.

​

By accessing the website, using the service and conducting transactions with the company in connection with the website, you hereby: (1) accept this agreement and agree that you are legally bound by its terms; (2) agree that you will only access the website and services if you are 16 years old, (3) agree that you will comply with and be bound by this agreement as it appears on the website and services each time you access and use the website or site, (4) agree that each use of the website by you indicates and confirms your assent to be bound by this agreement; and (5) represent, warrant and covenant that: (a) you are of legal age to enter into a binding agreement; and (b) if you are a corporation, governmental organization or other legal entity, that you have the right, power, and authorization to enter into this agreement on behalf of your corporation, governmental organization or other legal entity. If you do not agree to the terms of this agreement, the company does not and will not license the site to you or provide you with access to the website and you must not use the site or website.

​

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subjected to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.

 

   2. USE OF LICENSE

​

Subject to the terms of this Agreement, iArticulate Mentors hereby grants you a limited, non-exclusive and nontransferable license to register with, access and use the Site strictly in accordance with the terms herein including any Additional Terms (as may be defined anytime). You agree and acknowledge that you have the sole responsibility and liability for your use of the Website and Site and for providing or obtaining, and for maintaining, all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary or desirable for you to access and use the site or the Website.

​

   3. RESTRICTIONS

​

You shall not: (a) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Site or Website, (b) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Site or Website or any part thereof; (c) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Site or Website, including any copy thereof; (d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Site or Website or any features or functionality of the Site or Website, to any third party for any reason; (e) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Site or Website; or (f) use the Website or site or any part thereof for any purpose that: (i) interferes with or induces a breach of the contractual relationships between Company and its employees; (ii) is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property; (iii) transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited Email, unsolicited commercial communications; (iv) transmits any harmful or disabling computer codes or viruses; (v) harvests Email addresses from the Site or Website; (vi) transmits unsolicited Email to this site or to anyone whose Email address included the domain name under on the Website; (vii) interferes with the Company’s network services; (viii) attempts to gain unauthorized access to the Company’s network services; (ix) suggests an express or implied affiliation with the Company or broker relationship with the Company (without the express written permission of the Company); (x) impairs or limits the Company’s ability to operate the Site or Website or any other person’s ability to access and use site or Website; (xi) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity; (xiii) harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (xii) transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images; (xiv) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities; (xv) dilutes or depreciates the name and reputation of the Company or any of its affiliates; (xvi) transmits or uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; or (xvii) unlawfully transmits or uploads any confidential, proprietary or trade secret information.

 

   4. RESERVATION OF RIGHTS

​

You acknowledge and agree that: (a) the Site is provided under license, and not sold, to you; and (b) You do not acquire any ownership interest in the Site or Website under this Agreement, or any other rights thereto other than the right to use the Site in accordance with the license granted and access the Website, which are in each case subject to all terms, conditions and restrictions, under this Agreement. iArticulate Mentors, its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Website and Site, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as otherwise expressly granted to You in this Agreement.

​

   5. ACCOUNT REGISTRATION

​

Eligibility: By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

​

Account Registration: In order to access and use all of the features of the Service, you are required to open an account (“User Account”) by registering with www.iarticulatementors.org. When you register for your User Account you must provide true, accurate, current and complete information (“Account Information”), and you agree to update the Account Information in order to ensure that it is current.

​

Credentials: Upon registration for a User Account, you will be provided with a user ID and password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify us of any suspected or actual unauthorized use of your User Account. You agree that we will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.

​

   6. PURCHASED (SUBSCRIPTIONS) SERVICES

​

Subscription: Our Services are billed on a subscription program ("Subscription(s)"). You will be billed depending on the program support you purchased.

Your use of the Paid Subscription Services may be subject to additional terms and conditions that you must accept, approval of your valid payment card and verification of other information that we may request from you, including your IP address. The Subscription Services may also require additional technical requirements.

​

Billing: We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your account on the Services (your “Billing Account”) for use of the Subscription Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms.

​

Currently, we use Stripe, Inc. as our Payment Processor. You can access Stripe’s Terms of Service at https://stripe.com/us/checkout/legal and their Privacy Policy at https://stripe.com/us/privacy. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Subscription Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

​

We may notify you about changes to prices and/or the Subscription Services by sending an email message to your email address on file and by publishing such notices from time to time on the informational page(s) of the Site. If your email service includes functionality or software that catalogues your emails in an automated manner, it is your responsibility to ensure that those emails we send to you reach your inbox, either by routinely monitoring your bulk, junk and/or spam email folders or by adding us to your address book or safe senders list.

​

   7. CANCELLATION/REFUNDS POLICY

​

Certain refund request for Subscriptions may be considered by us on a case-by-case basis and granted in sole discretion of our company. Once subscription is charged, a refund may be provided by request via email to hello@iarticlatementors.orgif and only if no credits from the subscription have been used. For invoiced agreements, individual invoices will include cancellation policy. For annual subscriptions, if cancelled, up to 50% of the total amount can be refunded, based on the number of months remaining in the paid for 12 month period.

​

   8. INTELLECTUAL PROPERTY RIGHTS

​

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

​

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

​

   9. FEEDBACK

​

You hereby acknowledge and agree that the Company shall own all right, title and interest in and to any suggestions, enhancement requests, recommendations or other feedback from you relating to the Site or Website, including in response to any surveys (“Feedback”).  Should any right or interest inure to You, You hereby agree to irrevocably assign, and hereby do irrevocably assign all right title and interest in any such Feedback to Company.

​

   10. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

​

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

​

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

​

In no case shall iArticulate Mentors, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

​

   11. INDEMNIFICATION

​

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

   12. DISPUTE RESOLUTION

​

Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

​

Binding Arbitration: Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, which cannot be resolved by negotiation shall be referred to and finally resolved by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable). The number of arbitrators shall be three (3). The seat or legal place of arbitration shall be State of Colorado, USA. The language of the proceedings shall be English Language. The governing law of the contract shall be the substantive law of United State of America.

​

Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

​

Exceptions to Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

​

   13. APPLICABLE LAW

​

You agree that these Terms of Service and any dispute arising out of your use of this site or services provided will be governed by and construed in accordance with local laws applicable at our company’s domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this web site, or by using this web site and the services it provides, you accept that jurisdiction is granted to the Courts having jurisdiction over the Company's domicile, and that any disputes will be heard by the said Courts.

​

   14. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

​

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

15.MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

​

   16. MISCELLANEOUS

​

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

​

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

• By email:hello@iarticlatementors.org

• Telephone: +1 707 438 8699