Inspirelessons.com (the “Website,” “Company,” “us”, “we”, or “our”) has developed these Terms and Conditions to ensure that you understand our policies, procedures, and practices. These Terms and Conditions (“Terms”) and our Privacy Policy together with any other terms or policies (collectively, the “Agreement”) with any future amendments to these documents, sets out the legal relationship between you (“you,” “your,” or “user”) and the Company, its directors, and shareholders. This Agreement explains the terms of your use of any Company website and your use or attempted use of our products and services. By accessing or using the Website, you agree to be bound by this Agreement and understand that your use constitutes approval of its terms. If you do not agree to these terms of use, please do not access this website.
Our Website is intended to be used by visitors that exceed 18 years of age; The “product” is not intended for children under 18 years of age. By using the “product”, you are affirming that you are at least 18 years old.
This Website or service is intended for users residing in the contiguous United States, Alaska and Hawaii.
2. GRANT OF LICENSE AND INSTRUCTIONS
We grant you a non-exclusive, non-sublicensable, non-transferable, revocable, limited license to view the Website solely for your personal and non-commercial use. This grant of license is subject to your acceptance and compliance of these terms. Unless stated explicitly in this Agreement, nothing contained here or on the “product” or service shall be construed as conferring any other rights or license, expressly, by implication, by estoppel, or otherwise under any of Company’s or a third party’s Intellectual Property Rights. Any rights not expressly granted are reserved herein.
Unless expressly mentioned in this Agreement, you agree not to (i) store, upload, transmit circulate, or otherwise make available any files that may contain malicious technology or material, including without limitation, viruses, logic bombs, trojans or worms; (ii) modify, reverse-engineer, decompile, disassemble, or otherwise tamper with the “product” or service nor shall you attempt to do so for any reason or access, create or modify the source code of the product nor shall you attempt to do so (iii) hinder or attempt to hinder the proper functioning of the “product” service, disrupt the “product” and/or any networks connected to the “product” or service, or bypass any restrictive or preventive measures to access the “product” or service; (iv) remove any notices included in the original content or material of the “product” or service that are deemed proprietary; (v) use automated scripts to wrongfully collect information from or otherwise connect with the “product” or service; (vi) modify, adapt, translate, make unauthorized copies, disassemble, reverse engineer, decompile or create derivative works of the “product” or service; (vii) make available our product in whole or in part to unauthorized Users by selling, reselling, distributing, licensing, transferring the “product” or service without prior permission or authorization; and (viii) violate any law or the terms of this Agreement.
3. INTELLECTUAL PROPERTY
You acknowledge that content available through and in the “product” or service, including but not limited to content in the form of graphics, logos, software, music, text, videos, sounds and photographs as well as the content provided to us through external sources including but not limited to suppliers, sponsors, or third-party advertisers, is protected by copyright, trademarks, patents, or other proprietary rights and applicable laws (“Intellectual Property Rights”).
4. DISCLAIMER OF WARRANTIES
The “product” or service is provided on an “as is” and “as available” basis. Unless specifically provided in the Terms, we explicitly disclaim any and all warranties of any kind, whether expressed or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement and any other warranty arising under the uniform commercial code, usage of trade, course of conduct or otherwise to the fullest extent permitted by law,
Without restricting the prior statement, the Company does not make any warranty that (i) access to the “product” or service will be timely, secure, uninterrupted, error free; (ii) the “product” or service will meet your requirements; (iii) defects, if any will be corrected; (iv) the “product” or service will be free of any malicious software, viruses, trojans, worms or logic bombs; or (v) the results obtained from the user of the “product” or service will be accurate and/or reliable. You understand and agree that the Company shall not be responsible or liable for any material and/or data obtained or downloaded through the use of the “product” or service . Your use of the “product” or service is at your own risk and you will have the sole responsibility for any damage to your computer system or loss of data that results from the download of any material and/or data from the “product” or service. Unless stated herein, no warranty shall be created by any advice or information, whether oral or written, that you obtain from the Company directly, or through this “product” or service.
5. AGREEMENT TO ARBITRATE
This arbitration agreement provides that all disputes between you and us must be resolved by BINDING ARBITRATION whenever you or we choose to submit or refer a dispute to arbitration. By accepting this arbitration agreement, you GIVE UP YOUR RIGHT TO GO TO COURT (except for matters that may be taken to a small claims court). Arbitration will proceed on an INDIVIDUAL BASIS, so class actions and similar proceedings will NOT be available to you.
YOU HAVE THE RIGHT TO REJECT THIS AGREEMENT TO ARBITRATION, BUT IF YOU WISH TO REJECT IT, YOU MUST NOT USE OR ACCESS THE WEBSITE. If you do use or access the Website, then:
- In arbitration, your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY
- The procedures in arbitration are simpler and more limited than rules applicable in court.
- Arbitrator decisions are subject to VERY LIMITED REVIEW BY A COURT.
For purposes of this agreement to arbitrate, “you” includes any co-applicant or authorized user on your account, or anyone else connected with you or claiming through you; and “We” or “us” includes inspirelessons, all of their parents, subsidiaries, affiliates, successors, predecessors, employees, and related persons or entities and all third parties who are regarded as agents or representatives of us in connection with the account, or the subject matter of the claim or dispute at issue.
All claims or disputes between you and us about or relating in any way to your use and/or access of the Website, or any products or services sold, offered, or purchased through the Website, or our relationship are referred to as “Claims” for purposes of this agreement to arbitrate. Claims are subject to arbitration regardless of whether they are based on contract, tort, statute, regulation, common law or equity, or whether they seek legal or equitable remedies. All Claims are subject to arbitration whether they arose in the past, may currently exist, or may arise in the future.
The only exception to the arbitration requirement is that you have the right to file and pursue a Claim in a small claims court instead of arbitration if the Claim is in that court’s jurisdiction and proceeds on an individual basis.
If you initiate a Claim in arbitration, no changes to the terms of this agreement to arbitrate that are made after we receive your Claim will apply to that Claim.
This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. $§ 1 et seq.
What about class actions or representative actions?
Class actions, other similar representative procedures, and consolidation of Claims (except for claimants on the same account) are not available under this agreement to arbitrate. Claims in arbitration will proceed only on an individual basis. Additionally, you may not join your claims with other persons in the arbitration; each person must arbitrate his or her own claims separately.
UNLESS YOU REJECT THIS AGREEMENT TO ARBITRATE, YOU AND WE ARE WAIVING THE RIGHT TO ASSERT OR PARTICIPATE IN A CLASS ACTION, OR ANY REPRESENTATIVE OR CONSOLIDATED PROCEEDING IN COURT OR IN ARBITRATION.
The arbitrator shall have no authority to entertain any Claim as a class action or on any other similar representative basis, nor shall the arbitrator have any authority to consolidate Claims brought by separate claimants (except for claimants on the same account). To be clear, this means that the arbitrator also shall have no authority to make any award for the benefit of, or against, any person other than the individual who is the named party. If these terms prohibiting class, representative, or consolidation procedures are held to be legally unenforceable for any reason with respect to a Claim, then the Claim must be handled through litigation in court instead of by arbitration.
How does arbitration work?
Arbitration is different from a lawsuit in state or federal court. Arbitration is conducted by private organizations that specialize in alternative dispute resolution, and is conducted before a neutral arbitrator instead of a judge or jury. Arbitration procedures are generally simpler and more informal than court procedures. For example, discovery is more limited in arbitration than in court. Also, arbitrator decisions are subject to only limited review by courts. As discussed above, certain rights that you may have in court are not available in arbitration. At the same time, in arbitration you are entitled to recover attorneys’ fees from us to the same extent as you would be in court.
Under this agreement to arbitrate, the party filing a Claim must select either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”) as the arbitration administrator. You can learn more about these organizations online, at the addresses provided below.
Each of these organizations will apply its code of procedures in effect at the time the arbitration claim is filed. If there is a conflict between that code of procedures and this arbitration provision and/or any sections of this agreement, this arbitration provision and/or this agreement will control. In the event that JAMS or the AAA is unable or unwilling to handle the Claim for any reason, then the matter shall be arbitrated instead by a neutral arbitrator selected by agreement of the parties (or, if the parties cannot agree, selected by a court in accordance with the Federal Arbitration Act).
A single arbitrator designated by the arbitration administrator will decide the Claim under applicable law. The arbitrator is bound by the terms of this agreement to arbitrate. All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability, interpretation, formation, and validity of this arbitration agreement are for a court to decide. The arbitrator will honor all claims of privilege recognized by law. Subject to the prohibition on class, representative, and consolidation procedures set forth above, the arbitrator will have the power to award to a party any damages or other relief provided for under applicable law. That is, a party will be entitled to recover in arbitration any damages or other relief that it could recover if it prevailed in a court proceeding as an individual. No arbitration award or decision will have any preclusive effect on issues or claims in any subsequent proceedings beyond the Claims at issue. The arbitrator’s authority is limited to claims between you and us, and the arbitrator can award damages or relief only to you, but not to or on behalf of anyone else.
Under some laws we may have a right to an award of attorneys’ fees and expenses if we prevail, we agree that we will not seek such an award.
If your Claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents, through a telephonic hearing, or in an in-person hearing. Any in-person hearing will take place in the federal judicial district located in the Borough of Manhattan in New York.
Is the arbitrator’s decision final? Is there an appeal process?
The arbitrator’s decision will be final and binding on the parties. An arbitrator’s award shall consist of a written statement setting forth the disposition of each Claim. At the request of any party, the arbitrator shall also set forth a written explanation of the essential findings and conclusions on which the award is based.
A party can flle a written appeal to the arbitration administrator within 30 days after an award is issued. The appeal will proceed before a panel of three neutral arbitrators designated by the same arbitration administrator. That panel will consider all legal and factual issues anew, and make all decisions and awards by majority vote based on the documents and arbitration record without a hearing. Any review by a court shall be governed by the Federal Arbitration Act. Any final arbitration award will be binding on the named parties and enforceable by any court having jurisdiction.
Who will pay for costs?
All fees will be allocated according to the arbitration administrator’s rules and applicable law. If you consider that you are unable to afford any fees that would be yours to pay to the arbitration administrator, you may request that we pay or reimburse them, and we will consider your request in good faith.
You may represent yourself in arbitration, or you may be represented by a lawyer. Except as described above, you will be responsible for your own attorneys’ fees and costs.
How do I file an arbitration claim?
Rules and forms may be obtained from, and Claims may be filed with, JAMS at (800) 352-5267 or jamsadr.com; or the AAA at (877) 495-4185 or www.adr.org. Both of these administrators have particular rules for arbitrations initiated by a consumer.
6. CONSENT TO CONTACT
You agree that by providing your contact number(telephone) in any submission on the “product” or service where you expressly consent to contact from the Company, its subsidiaries, affiliates, or agents, and its Marketing Partners at the number provided by you regarding products or services via live, automated or prerecorded telephone call, text, or email. You understand that your telephone company may impose charges on you for these contacts, and you are not required to enter into this agreement as a condition of any use of the “product” or service. You understand that you can revoke such consent to contact through any reasonable means.
By submitting your email address, you are extending your consent to contact you by email at any email address you provided by any third-party that has access to your email as a consequence of your use of the “product” or service. You agree and consent that such email from a third-party would not be considered spam or unauthorized by any local, state or federal law or regulation. You understand that you can revoke such consent at your pleasure anytime by contacting us through any reasonable means. You represent that all of the information provided by you in your submission is true and accurate.
7. DMCA POLICY AND NOTICE
If you are a copyright holder, authorized to act on behalf of one, or authorized to act under any exclusive right granted by a license of a copyright, you can report alleged infringements of copyrights taking place on or through the “product or service” by completing a DMCA notice of the alleged infringement, as described below, and submitting it to our Designated Agent. Upon receipt of such notice, we will take action that we deem appropriate, including removal of the challenged content or material from the “product” or service. Such action would be based on our sole discretion.
Information required for the notice under DMCA:
- Electronic or physical signature of the copyrighted work owner (or authorized person)
- A description of the copyrighted work, including the URL where this infringing content is available or a copy of it
- Your contact details: email address, telephone, and address
- A statement in “good faith belief” that the work is not authorized by the copyright owner
- A statement by you, a person who sends the takedown notice, made under penalty of perjury that the information you send in the notice (above information) is accurate and that you are either the copyright owner or you are authorized to act on copyright owner’s behalf
Any notice of claimed infringement, including all the above-mentioned details, should be sent to our Designated Agent at [email protected] Please be informed that if you fail to comply with all of the requirements of this section and of 17 USC § 512(c)(3) your DMCA notice may not be valid.
8. LIMITATION ON LIABILITY
You understand and agree that the Company, its agents, suppliers, parents, subsidiaries, representatives or affiliates would not be held liable under any circumstance for any special, indirect, incidental, exemplary or consequential damages, including without limitation, any loss of use, goodwill,data, profits, cost of procurement of substitute services, or any other special, indirect, incidental, exemplary or consequential damages. Application of this clause would be regardless of the manner in which damages occurred, and on any theory of liability, whether for breach of contract, tort (including, without limitation, negligence and strict liability) or otherwise resulting from (1) your use of, or the inability to use, the “product” or service itself, (2) the use of, or the inability to use, items purchased from third-party websites linked on the “product” or service; (3) the cost of procurement of substitute services or items; or (4) any other matter related to the “product” or service.
9. DATA PROTECTION AND PRIVACY
We reserve the right to use the data voluntarily given by you to improve this “product” or service. Use of your data and the transfer of your data to third parties is governed by a separate privacy policy that can be found here. The privacy policy may be updated from time to time. We encourage you to check the policy regularly. Your continued use of the product indicates your acceptance to the terms set out in the privacy policy.
10. INDEMNIFICATION
You agree to indemnify and hold harmless the Company, its representatives including but not limited to its directors, officers, employees, agents, parents and subsidiaries, affiliates, co-branders, and suppliers, from and against any and all claims, demands, liability, losses, disputes, damages, and costs of any kind, including but not limited to reasonable attorneys’ fees and litigation costs arising from or in any way connected with (i) your use of the “product” ; (ii) any information transmitted or submitted through the “product”; (iii) privacy, tort or other claims relating to any personal information provided (e.g., telephone number) to the Company by you that is not owned by you, in dereliction to the terms of this Agreement; and/or (iv) your breach of any of the terms of this Agreement.
11. MODIFICATIONS TO THE AGREEMENT
We reserve the right to amend these Terms, without prior notice at our sole discretion, by updating this posting on the “product” . Your continued use of the “product” or service post the amendment of the Terms would constitute your acceptance of such updated Terms. We encourage you to always review the Terms whenever you access the “product”, or service to see if a new version has been posted.
12. MISCELLANEOUS
At our discretion, the Company may assign, transfer, or subcontract any of our rights or obligations under these Terms and Conditions to any third party.
All representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with the Company.
Delay in exercising any right or remedy under these Terms and Conditions shall not operate as a waiver of that right or remedy or shall affect the Company’s ability to subsequently exercise that right or remedy. Any waiver of such rights must be agreed to by the Company in writing.
Suppose any part of this Agreement is prohibited or unenforceable in any jurisdiction. In that case, that provision shall be deemed modified to apply only to the extent permitted by law, and all other provisions of this Agreement shall remain valid and enforceable.
These Terms and Conditions supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.
Mobile Opt-In
InspireLessons uses the short Code 67124 to reach out to our SMS subscribers who have signed up, subscribed and opted in on our website to receive alerts and information via text messages.
Recurring messages can be expected. We will never sell your number any other information to a third party.
The wireless operator does not guarantee that alerts will be delivered and will not be held liable for delayed or undelivered messages. T-Mobile® is not liable for delayed or undelivered messages.
- When you opt-in to the service, we will send you an SMS message to confirm your signup.
- You can cancel the SMS service at any time. Just text “STOP” to 67124 to opt out. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.
If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
- If at any time you forget what keywords are supported, just text “HELP” to 67124 for help. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
- We are able to deliver messages to the following mobile phone carriers:
Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Carriers are not liable for delayed or undelivered messages.
- As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to [email protected]. Text HELP for info. Text STOP to 67124 to cancel.