Effective Date: July 15, 2023

The following Terms of Use (“Terms”) are entered into by and between You and The Biology Breakout Room, LLC (“company”, “we”, “us”, or “our”).

The following Terms govern your access to and use of our website (www.biologybreakout.com) and the educational content and resources (“intellectual property”, “products”, or “services”) available for free or for sale on our website or on other digital education marketplaces (TPT). By accessing or using our website and/or purchasing our resources, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or purchase our products.

Users of our website must be 18 years of age or older, as this is the age requirement necessary for an agreement to our Terms to be legally binding. If you are not 18 years of age or older, you are not permitted to use our website or purchase our products.

Changes to the Terms

The following terms are subject to change at any time, with all changes becoming effective immediately. Should you continue to use this website, you agree to and accept any changes that may have been made since your initial access of it.

Privacy

When you use our website, you represent that you have read through and agreed to that which is outlined in the company's Privacy Policy (“Policy”). This Policy explains what personal data and usage information we collect on users who access our website, engage with our content, and/or purchase/download our resources. It details the means by which we collect the data; the reasons for collection; its distribution to trusted partners and third party vendors; and your rights and choices surrounding the collection, use, storage or distribution of your data.

Intellectual Property

1.1 Ownership

All intellectual property rights, including copyrights, trademarks, and any other proprietary rights, contained within the content provided on our website or our resources (for purchase or freebies) are owned by us or our licensors. You acknowledge and agree that you do not acquire any ownership rights or licenses to the intellectual property by purchasing or accessing it through our website or when purchasing at other digital education marketplaces (TPT).

The company name is subject to copyright and the logo, to trademark. Any other names, logos, product and/or service names, designs, and slogans belonging to the company or the companies affiliates and/or licensors. As such, they are also subject to copyright and/or trademark laws, unless otherwise stated. If you are unsure whether you can use something, please contact us using the information provided at the end of this document.

1.2 Permitted Use

Upon accessing our website, engaging with our content, or downloading/purchasing our resources, you are granted a limited, non-exclusive, non-transferable, revocable license to use the information or educational resource for personal or educational purposes only. This limited license permits you to make physical or digital copies of any digital resources (whether free or paid for) for distribution to your students only. However, note that any copies distributed digitally must be accessible only to your students, via a password protected website or learning management system. This limited license does not permit distribution beyond that which is outlined here, reproduction, modification, or any other unauthorized use of the intellectual property (see the section on “Prohibited Use” for more information).

1.3 Prohibited Use

Engaging in any activity that infringes on or violates our intellectual property rights (as is stated in these Terms), violates the rights of any third party, or is unlawful, is not permitted. Prohibited activities include but are not limited to copying, sharing, modifying, selling, removing watermarks and/or copyright notices, or distributing, beyond what is permitted, the intellectual property without our explicit consent. We reserve the right to revoke your license entirely should you choose to engage in any of these prohibited activities.

Purchases and Payments

2.1 Pricing and Payment

The prices of our resources are clearly stated. You agree to pay the specified price for the resources that you choose to purchase. We use PayPal (a third-party payment processor) to facilitate the purchase of any product directly from our website (see our Privacy Policy for more information). You represent and warrant that the payment information you provide is accurate, complete, and authorized.

2.2 Delivery

Upon successful payment, we will provide you with access to the purchased resources via a downloadable zip file. Should we make updates or changes to a resource after you have purchased and/or downloaded it, you will receive a notification via email to redownload the most up-to-date version at no added cost to you.

2.3 Refunds

Due to the nature of the digital resources we provide, we generally do not offer refunds for purchases unless otherwise stated. However, should you encounter any issues or have concerns regarding the purchased resources, we encourage you to contact us using the information provided at the end of these Terms, and we will strive to resolve the matter to your satisfaction. Please read the “Warranties” section for further information on this.

User Conduct

3.1 Compliance

You agree to use our website and resources in compliance with all applicable laws, regulations, and these Terms. You shall not engage in any activity that may interfere with or disrupt the operation of our website or compromise the security or integrity of our platform.

3.2 Prohibited Actions

When accessing or using our website, services, or products, you agree to not:

• Violate any intellectual property rights or other proprietary rights of ours or any third party we use.

• Use our website or resources for any unlawful, fraudulent, or unauthorized purpose.

• Engage in any activity that could harm, disable, overburden, or impair our website or servers.

• Attempt to gain unauthorized access to any portion of our website or any other systems or networks connected to our platform.

• Transmit any viruses, malware, or other harmful code that could damage or interfere with our website or resources offered.

Disclaimer

4.1 For Educational and Informational Purposes Only

The information contained  within our website, including that which is provided in our blog posts, webinars/seminars, and educational resources, is only intended to assist and support you in your learning and personal/professional growth. This information is for educational purposes only and should not be considered a substitute for professional advice, diagnosis, or treatment. While we are well informed on the topics we share with you, we are not aware of your personal circumstances and thus, take no responsibility for any consequences that result should you fail to seek professional advice.

4.2 No Guarantees

While we strive to provide our users and customers with accurate and up-to-date information, we make no promises or guarantees of any kind, express or implied, about the accuracy, completeness, reliability, suitability, or availability of the information, products, or services offered. Thus, you acknowledge that the use of any information on our website or within our resources is at your own risk.

We do not guarantee any specific outcomes, results, improvements, or failures that result from the use of the information provided on our website or within our educational resources. Such information includes, but is not limited to: suggestions or recommendations we provide based on our personal experiences; those provided based on our users/customers experiences (testimonials); and statistics and facts gathered from other reliable sources. Individual success and progress may vary based on personal efforts, commitment, and numerous other external factors that are beyond the control and/or knowledge of the company.

4.3 Third-Party Content

From time to time we may reference third party products, videos, podcasts, activities and experts within our blog posts or promotional emails (see our Privacy Policy for more information), that we feel may be of benefit or assistance to you. Should such a reference appear as part of a product/service review (sponsored or otherwise), we give our assurance that the review is honest and we genuinely recommend it to you. However, our referencing of said products, services, and/or information does not signify our endorsement of them, or the information contained within the website(s) associated with them. Because of this, we take no take no responsibility for any consequences that result should you use any of the recommended third party products, services, or information. 

Occasionally, a discount will be offered with a third party product or service we recommended via an affiliate link. When clicked, these links collect data on you via the use of cookies (read more about this in our Privacy Policy) to ensure that you get the promotion offered, and the company receives compensation for our part in marketing the product. In accordance with the law, we will always disclose if a link we provide is an affiliate link, and you are under no obligation to click it. While we will never work with a company to offer a promotion that we do not stand behind, our recommendation of their product or service does not signify our endorsement of them, or the information contained within the associated website(s). Because of this, we take no take no responsibility for any consequences that result should you use any of the recommended third party products, services, or information.

4.4 Warranties

While we stand by our work, we do not warrant the performance of or information provided on our website, services (seminars, webinars, etc.), or downloadable products (whether free or paid for). As such, we do not permit refunds—all sales are final unless otherwise stated. If you are unhappy with or have concerns/questions surrounding anything we are doing, with content we have published, or with a resource you have downloaded, please contact us using the contact information included at the end of this document, or by completing the form on the “Contact Us” page of our website. We look forward to working with you on resolving the issue.

4.5 User Responsibility

When you use our website, you take full responsibility for any consequences, harm, or other damages that result from the use of the information provided on our website or within our services and/or products. Thus, you are responsible for using judgment and discretion when using the information provided, especially when using it to modify your own personal practices. Further, in using our website, you agree not to engage in any activities that may interfere with the proper functioning of our website or compromise its security.

4.6 Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use or inability to use our website or educational resources. This includes but is not limited to any losses, damages, or expenses arising from the use or reliance on the information provided on our website or within our available resources.

Governing Laws and Jurisdiction

5.1 Arbitration

In the event of any dispute, claim, or controversy arising out of or relating to your use of The Biology Breakout Room's website or resources (or the information contained within them), both parties agree to resolve the matter through binding arbitration. Thus, you hereby waive your right to a class action lawsuit against the company as well as a trial by jury in connection with any arbitration or judicial proceeding arising out of or relating to this agreement or the use of our website or resources. Should you initiate an arbitration against the company, any proceedings associated with it must take place in Farmington Hills, MI, and it must be conducted in English. By using our website and/or resources, you acknowledge and agree to this arbitration clause and that, as the filer, you shall be responsible for all costs associated with its initiation and administration. If you do not agree to arbitration as the exclusive means of resolving disputes, please refrain from using our website and resources. 

5.2 Indemnification

You agree to indemnify, defend, and hold harmless The Biology Breakout Room and its affiliates (third parties), directors, officers, employees, agents, and representatives (“indemnified parties”) from and against any claims, liabilities, losses, damages, costs, and expenses, including reasonable attorney's fees and court costs, arising out of or in connection with:

• Your use of our website or resources.

• Your violation of these Terms and/or any applicable laws, regulations, or third-party rights.

• Any misuse or unauthorized use of the information on or within our website or educational resources.

• Any claims made by third parties against the Indemnified Parties based on your actions, omissions, or content submitted in connection with the use of The Biology Breakout Room.

5.3 International Users

The Biology Breakout Room is based in the United States, and the educational resources provided on our platform are intended primarily for use within the United States. However, we welcome users from around the world to access and use our resources, subject to the following considerations:

• If you access our website or download/purchase our resources from outside the United States, you are solely responsible for ensuring compliance with the laws and regulations of your jurisdiction.

• By accessing or using our platform from outside the United States, you acknowledge and agree that your information may be transferred to, stored in, and processed in the United States, where our servers and central database are located.

• We make no guarantees that the information on our website or our educational resources are appropriate for use in locations outside the United States.

• If you are an international user accessing our website from outside the United States, you acknowledge that any disputes arising out of or in connection with these Terms or your use of our platform shall be subject to the exclusive jurisdiction of the courts located in Farmington Hills, Michigan, United States.

Access and Termination

We reserve the right to modify or discontinue portions of our website, our products, or any part thereof, at any time without prior notice. Additionally, we may, at our sole discretion, suspend or terminate your access to our website or resources if we determine that you have violated these Terms or engaged in any prohibited activities. As such, we are not liable should any part of the website or our resources be unavailable, for any reason, at any time.

Contact Us

If you have any questions, comments, or concerns regarding these Terms, please contact us at:

biologybreakout@gmail.com

The Biology Breakout Room

36234 Congress Rd.

Farmington Hills, MI 48335