ABOUT OUR TERMS OF SERVICE  

Welcome to the Beyond EI eLearning platform. Please read these Terms of Service (“TOS”) prior to registering for an account on Beyond EI.inc, accessing any course material, chat rooms, or other electronic services (the “Services”). These TOS are a contract between you and Beyond EI LLC, a Massachusetts Limited Liability Company doing business at 118 Lindley Terrace, Williamstown, MA 01027 USA. 

The TOS that follow are agreements (the “Agreements”) between you and Beyond EI LLC. By using the Beyond EI eLearning platform, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user. 

Please also read the Privacy Policy for the Beyond EI eLearning platform before you use any portion of the Beyond EI eLearning platform. The Privacy Policy describes how your personal data is collected and processed when you use the Beyond EI eLearning platform. 

These TOS contains a Class Action Waiver Clause. By using the Services, you are accepting this Agreement and while you may still pursue claims against Beyond EI, you are agreeing that you must pursue your claims only on an individual (and not a class action) basis. Please read these terms carefully to understand your rights and responsibilities. 

If you do not understand or do not wish to be bound by the terms of the Agreements or Privacy Policy, you should not use the Beyond EI eLearning platform. 

Terms of Service (TOS) updated 4/28/21 3:15 PM 

Beyond EI reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. 

By accessing the Beyond EI eLearning platform after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. 

Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.

RULES FOR ONLINE CONDUCT 

You agree that you are fully responsible for your own use of the Beyond EI eLearning platform and for your User Postings. “User Postings” means all content submitted, posted, published, or distributed on the Beyond EI eLearning platform by you or other users of the Beyond EI eLearning platform, including but not limited to all forum posts, notes, questions, comments, videos, and file uploads. 

You agree that you will use the Beyond EI eLearning platform in compliance with these TOS and related Agreements (including the Privacy Policy), and with all applicable local, state, national and international laws, rules and regulations, including applicable intellectual property laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws. 

As a condition of your use, you agree that you will not attempt to gain unauthorized access to the Beyond EI eLearning platform, other accounts, computer systems, or networks connected to any Beyond EI server through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information stored on the Beyond EI eLearning platform, its servers, or associated computers through any means not intentionally made available through the Beyond EI eLearning platform. If you are a registered user, you will not share your password or let anyone else access or compromise your account. 

Furthermore, you agree not to scrape, or otherwise download in bulk, any Beyond EI eLearning platform content, including but not limited to a list or directory of users on the system, User Postings or user information, online textbooks, course materials, or trademarks and logos. You agree not to misrepresent or attempt to misrepresent your identity while using the Beyond EI eLearning platform. 

STRICTLY PROHIBITED USES OF THE BEYOND EI ELEARNING PLATFORM 

THE FOLLOWING ITEMS ARE STRICTLY PROHIBITED ON THE BEYOND EI ELEARNING PLATFORM: 

• Content that defames, harasses, or threatens others. 
• Content that discusses illegal activities with the intent to commit them. 
• Content that infringes another’s intellectual property, including, but not limited to copyrights or trademarks. 

• Profane, pornographic, obscene, indecent, or unlawful content. 
• Advertising or any form of commercial solicitation. 
• Content related to partisan political activities. 
• Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another’s computer or property. 
• Content that contains intentionally inaccurate information or that is posted with the intent of misleading others (this list, collectively, “Strictly Prohibited Items”). 

• You may not submit, post, publish, share, or otherwise distribute any of the above Strictly Prohibited Items on or via the Beyond EI eLearning platform. 

USER ACCOUNTS 

In order to create a user account, you must provide your full name, an email address, information such as Company Name, Professional Title, Time Zone, and a user password. You agree that you will never divulge or share access or access information for your user account with any third party for any reason. You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current. 

We care about the confidentiality and security of your personal information. Please see the Privacy Policy for more information about the collection and use of data on the Beyond EI eLearning platform. 

YOUR RIGHT TO USE CONTENT ON THE BEYOND EI ELEARNING PLATFORM 

Unless indicated as being in the public domain, the content on the Beyond EI eLearning platform is owned by Beyond EI or affiliated parties, such as Beyond EI Content Creators. Unless otherwise expressly stated on the Beyond EI eLearning platform, the texts, exams, video, images, and other instructional materials provided with the courses and programs offered on the Beyond EI eLearning platform are for your personal use in connection with those courses and programs only. 

Certain reference documents, digital textbooks, articles, and other information on the Beyond EI eLearning platform are used with the permission of third parties and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using the Beyond EI eLearning platform, you agree to abide by all such rules and conditions. You agree to retain all copyright and other notices on any content you obtain from the Beyond EI eLearning platform. All rights in the Beyond EI eLearning platform and its content, if not expressly granted, are reserved. 

USER POSTINGS 

User Postings Representations and Warranties 

By submitting or distributing your User Postings, you affirm, represent, and warrant (1) that you have the necessary rights, licenses, consents, and/or permissions to reproduce and publish the User Postings and to authorize Beyond EI and the users of this Beyond EI Learning Platform to reproduce, modify, publish, and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not Beyond EI, are solely responsible for your User Postings and the consequences of posting or publishing them. 

By using BeyondEI.inc, and by submitting User Postings, you agree that you will conduct yourself in a manner which reflects respect for the Program and for Beyond EI Participants, Beyond EI itself and other users like yourself. Further, Beyond EI Participants, including but not limited to coaches and coaching staff, are not responsible for the content you or any other users’ posts. 

License Grant to Beyond EI and Beyond EI Content Creators 

By submitting or distributing User Postings, you hereby grant to Beyond EI and the Beyond EI Content Creators a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, redistribute, relicense, and otherwise use, make available, and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed). 

CERTIFICATES AND OTHER PRODUCTS & SERVICES 

Generally 

Beyond EI, and Beyond EI Content Creators providing courses and programs on the Beyond EI eLearning platform offer online training for a fee. For anything that you choose to purchase on the Beyond EI eLearning platform, you agree to pay all applicable fees when due. As described in the Privacy Policy, the processing of your payment information is done by a third-party payment vendor, and you will be routed to a secure payment flow controlled by that vendor to complete the payment transaction. Once your payment transaction is completed, a Beyond EI confirmation page will be displayed, and you will receive a confirmation email with your name, order number, and the payment amount. Please retain this email for your records as this information will be required if you seek a refund from Beyond EI, as described below. 

Certificates 

Beyond EI may offer Verified Certificates of Achievement or Digital Badges for courses. Certificates will be issued by Beyond EI under the name of the underlying Content Creator(s) from whom the course or program originated. The decision whether a certificate/Badge will be awarded to a given student will be solely within the discretion of Beyond EI. 

Refunds 

Purchases on the Beyond EI eLearning platform are eligible for a refund for a limited period of time, as follows: 

To receive a refund with respect to your enrollment in a training program, you have a period of 2 days after your payment (the “Refund Period”) to unenroll from the course by sending an email to Support@BeyondEI.inc. Refunds will be credited to the payment account used for the purchase and may take up to two billing cycles to process. If the applicable Refund Period for a purchase has passed, but you believe a refund is warranted, please send an email to Support@BeyondEI.inc. 

Coupons 

Coupon codes and other course entitlements are subject to expiration and any other conditions stated at the time of purchase. 

Trademarks 

The “Beyond EI,” logos are trademarks of Beyond EI LLC. Likewise, the names, logos, and seals of the other Content Providers may be trademarks owned by the respective Content Creator. You may not use any of these trademarks, or any variations thereof, without the owner’s prior written consent. You may not use any of these trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in the owner’s sole judgment, gives the appearance or impression of a relationship with or endorsement by the owner. 

Nothing contained on the Beyond EI eLearning platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Beyond EI eLearning platform without the written permission of the owner of the applicable Trademark. 

DIGITAL MILLENNIUM COPYRIGHT ACT 

Copyright owners who believe their material has been infringed on the Beyond EI eLearning platform should send an email to support@beyondei.inc or write to Beyond EI Inc., 118 Lindley Terrace, Williamstown, MA 01027 

Notification must include: 

Identification of the copyrighted work, or, in the case of multiple works at the same location, a representative list of such works at that site. 

Identification of the material that is claimed to be infringing or to be the subject of infringing activity. You must include sufficient information for us to locate the material (e.g., URL, IP address, etc..). 
Information for us to be able to contact the complaining party (e.g., email address, phone number). 

A statement that the complaining party believes that the use of the material has not been authorized by the copyright owner or an authorized agent. 

A statement that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner. 

DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES 

THE BEYOND EI ELEARNING PLATFORM AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE BEYOND EI ELEARNING PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW. 

BEYOND EI AND BEYOND EI PARTICIPANTS (AS DEFINED BELOW) DO NOT WARRANT THAT THE BEYOND EI ELEARNING PLATFORM WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE BEYOND EI ELEARNING PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. BEYOND EI AND THE BEYOND EI PARTICIPANTS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE BEYOND EI ELEARNING PLATFORM OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. “BEYOND EI PARTICIPANTS” MEANS BEYOND EI AND BEYOND EI CONTENT PROVIDERS, THE ENTITIES PROVIDING INFORMATION, CONTENT, OR SERVICES FOR THE BEYOND EI ELEARNING PLATFORM, THE COURSE INSTRUCTORS, AND THEIR STAFFS. 

USE OF THE BEYOND EI ELEARNING PLATFORM, AND THE CONTENT AND SERVICES OBTAINED FROM OR THROUGH THE BEYOND EI ELEARNING PLATFORM, IS AT YOUR OWN RISK. YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS, OR DATA THROUGH THE BEYOND EI ELEARNING PLATFORM OR ANY REFERENCE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. 

User Postings Disclaimer. 

You understand that when using the Beyond EI eLearning platform, you will be exposed to User Postings from a variety of sources and that neither Beyond EI nor the Beyond EI Participants are responsible for the content, accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Beyond EI or any of the Beyond EI Participants with respect thereto. Neither Beyond EI nor any of the Beyond EI Participants endorse any User Postings or any opinion, recommendation or advice expressed therein. Neither Beyond EI nor any of the Beyond EI Participants have any obligation to monitor any User Postings or any other user communications through the Beyond EI eLearning platform. 

However, Beyond EI reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason, or to allow the Beyond EI Participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TOS, Beyond EI may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice. 

Third-Party Services; Links to Other Websites. 

The Beyond EI eLearning platform and individual courses may be integrated with third-party services or include hyperlinks to websites maintained or controlled by third parties. Beyond EI and the Beyond EI Participants are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered by such third parties. If you decide to access any third-party services or linked third- party websites, you do so at your own risk. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER BEYOND EI NOR ANY OF THE BEYOND EI PARTICIPANTS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY’S) USE OF OR INABILITY TO USE THE BEYOND EI ELEARNING PLATFORM, OR YOUR PLACEMENT OF CONTENT ON THE BEYOND EI ELEARNING PLATFORM, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE BEYOND EI ELEARNING PLATFORM, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW. 

IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BEYOND EI NOR ANY OF THE BEYOND EI PARTICIPANTS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT BEYOND EI OR ANY OF THE BEYOND EI PARTICIPANTS HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA). 

INDEMNIFICATION 

You agree to defend, hold harmless, and indemnify Beyond EI and the Beyond EI Participants, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to your use of the Beyond EI eLearning platform, your violation of any of these Terms and TOS including the Privacy Policy, your violation of law, negligence or willful misconduct and or your violation of any third party rights, including intellectual property rights. This indemnification shall include any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, and litigation costs, including attorneys’ fees, of every kind and nature. In such a case, Beyond EI or the applicable Beyond EI Participant will provide you with written notice of such claim, suit, or action. 

ADDITIONAL TERMS 

Termination Rights; Discontinuation of Courses and Content. 

You agree that Beyond EI, in its sole discretion, may terminate your use of the Beyond EI eLearning platform or your participation in it, for any reason or no reason, upon notice to you. It is Beyond EI’s policy to terminate, in appropriate circumstances, the accounts of users of the Beyond EI eLearning platform who infringe any copyrights. Beyond EI and the Beyond EI Participants reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through Beyond EI, or to cease providing any part or all of the Beyond EI eLearning platform content or related services, and you agree that neither Beyond EI nor any of the Beyond EI Participants will have any liability to you for such an action. If you no longer desire to participate in the Beyond EI eLearning platform, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Beyond EI eLearning platform, but the other provisions of the Agreements will survive any such termination. 

Entire Agreement. 

The Agreements constitute the entire agreement between you and Beyond EI with respect to your use of the Beyond EI eLearning platform, superseding any prior agreements between you and Beyond EI regarding your use of the Beyond EI eLearning platform. 

Waiver and Severability. 

The failure of Beyond EI to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision. If any provision of the Agreements is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of the Agreements shall remain in full force and effect. 

Choice of Law/Forum Selection. 

You agree that the Agreements and any claim or dispute arising out of or relating to the Agreements including these TOS and the Privacy Policy or any content or service obtained from or through the Beyond EI eLearning platform will be governed by the laws of Massachusetts, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Hampshire County, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum). 

Dispute Resolution 

If there’s a dispute, our legal team is happy to help resolve the issue. If that doesn’t work your options are to go to Small Claims court or to District, Superior or Federal Court in Hampshire County Massachusetts. Further, you may not participate in a non-individual class action claim against us. 

Most disputes can be resolved, so before bringing a formal legal case, please first try contacting legal@beyondei.inc. 

10.4 No Class Actions 

We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) a judge can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) a judge’s decision or award in one person’s case can only impact that user, not other users. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this section shall be considered to be null and void, but the rest of the Terms of Service will still apply.