We are Beyond EI LLC, a Massachusetts limited liability company doing business at 118 Lindley Terrace, Williamstown, MA 01027 USA.
We do not sell your personal data. We will never sell your personal data without your express prior written consent.
The minimum age required to use the Services at least eighteen (18) years old. We do not knowingly collect the personal information of any child under the age of thirteen (13) without first obtaining consent from their parent or guardian. If you have reason to believe that personal data of a child under the age of thirteen has been sent to or otherwise collected by Beyond EI, then please reach out to us at Support@BeyondEI.inc.
Our course and site is hosted by Thinkific Labs Inc. (“Thinkific”). They provide us with the online course creation platform that allow us to sell our product/services to you.
Your data is stored through Thinkific’s data storage, databases and the general Thinkific application. They store your data on a secure server behind a firewall.
What information do we collect and what do we do with it?
When you enroll as a student or subscriber (“student”) on our site, as part of the enrolling process, we collect the personal information you give us such as your name and email address.
We may send you emails about our site and related course(s), registration, course content, your course progress or other updates. We may also use your email to inform you about changes to the course, survey you about your usage, or collect your opinion.
To the extent that you send us email, we may collect and retain a record of your contact and the content of your communications.
We may use your personal data to further our legitimate business interests, including but not limited to communicate with you (e.g., via email) and to enforce our agreements with you; to notify you about changes to the Services; to provide, maintain, protect and improve the Website and the Services; and to protect Beyond EI and our other customers.
To the extent that we are required by applicable laws, we will comply with law enforcement (such as in response to a warrant or court-ordered subpoena) and intellectual property protection obligations (including but not limited to the Digital Millennium Copyright Act).
We employ Stripe, a third party which helps us process credit card payments. Stripe is committed to keeping your personal information safe and secure, and we do not authorize them to use any of your data that we share with them except for the purposes for which we engage them. Because we rely on Stripe to process your payments, we do not collect (or retain) any of your payment information. Whenever you make a payment for our Services, we may receive a notice that identifies: (i) the account associated with such transaction, (ii) the date of the transaction, and (iii) the transaction amount. We do not receive any of your payment details. Payments are encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our site and related courses and its service providers.
How do you get my consent?
When you provide us with personal information to become a student on our site, make a purchase, or participate in the course, you agree that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
Some residents may enjoy additional rights (for example, EU residents under the GDPR, and residents of California). These heightened rights may include the right to request that we correct your personal data; provide you with a copy of all your personal data; and request our deletion of your personal data. We will use reasonable efforts to fulfill your requests, but we reserve the right to refuse requests that we deem unreasonably repetitive, infringe upon the privacy of others, or as may be otherwise permitted under applicable law. In some instances, by exercising these rights or by withdrawing your consent, the Services may malfunction or become unavailable, even if you have paid for them.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your data and information, at any time, by contacting us at firstname.lastname@example.org.
We may disclose your personal information if we are required by law to do so or during the course of a litigation, if necessary, in the event that you violate our Terms of Service.
Third Party Websites and Services
Data Security and Retention
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure your data is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed.
If our site or course is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at legal@Beyondei.inc.
Welcome to 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, 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.
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.
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.
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; and
- 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.
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.
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 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
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.
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 or 2 days after the course starts (up to six months after your payment) whichever occurs later (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.
Coupon codes and other course entitlements are subject to expiration and any other conditions stated at the time of purchase.
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 email@example.com or write to Beyond EI Inc., 118 Lindley Terrace, Williamstown, MA 01027, Attention: Beyond EI DMCA Agent/General Counsel.
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).
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.
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.
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 firstname.lastname@example.org.
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.