Website Privacy Policy

Your privacy is important to Erin A. Chaparro, Ph.D. (sole proprietor).  Please read this privacy notice carefully as it contains important information on who we are, how and why we collect, store, use, and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint. 

 

By using our websites mtsssolutions.com and erinchaparro.com, you signify your consent to the terms of our Privacy Policy.  If you do not agree with any terms of this Privacy Policy, please do not use this site or submit any personal information to us.

  1.  Who We Are

Erin A. Chaparro, Ph.D. (sole proprietor) (overseeing mtsssolutions.com, MTSS Solutions by Dr. Erin Chaparro, and erinchaparro.com) offers educational training, consultation, and operates at mtsssolutions.com and erinchaparro.com which collects, uses and is responsible for certain personal information about you.

  1.  Children’s Online Privacy Protection Act

This website and any products and services offered herein are not intended for persons under the age of 13. Erinchaparro.com and mtsssolutions.com does not knowingly collect information from anyone under 13 years of age. Erinchaparro.com and mtsssolutions.com prohibits children under the age of 13 from using all interactive portions of this website, including leaving any comments, filling out forms, or otherwise submitting information. Erinchaparro.com and mtsssolutions.com will not knowingly collect personally identifiable information from children under 13. If Erinchaparro.com and mtsssolutions.com learns it has any information or content from anyone under the age of 13, it will delete that information.

  1.  The Personal Information We Collect and Use
    1. Information Collected by Us

Erinchaparro.com and mtsssolutions.com may collect, use, and is responsible for certain personal information that you provide when you voluntarily sign up for e-mails or free gifts, register for a class or presentation, leave comments, order a service or product, fill out any type of form, access private membership pages, or otherwise contact Erinchaparro.com and mtsssolutions.com via an online form or e-mail. The information collected may include your name, e-mail, address, phone number, and/or billing information, and employer. You are not required to provide any personally identifiable information to merely access or visit this website. 

Erinchaparro.com and mtsssolutions.com may collect domain information, your numerical IP address, the type of browser you use, which pages you view, and the files you request. We may also use “cookies” (small files saved on your hard drive by your web browser) to analyze website performance, track user patterns, save information from your previous visits and customize your experience. If your browser sends a "Do Not Track" signal, our website will honor it.


We will ask for your consent to allow us to use cookies.  Erinchaparro.com and mtsssolutions.com or its third-party vendors may collect nonpersonal information through the use of these technologies. Nonpersonal information might include the browser you use, the type of computer you use and technical information about your means of connection to this website such as the operating systems and the Internet service providers utilized and other similar information. Erinchaparro.com and mtsssolutions.com’s systems may also automatically gather information about the areas you visit and search terms you use on this website and about the links you may select from within this website to other areas of the Internet.

If you are located in the European Economic Area (“EEA”), we are regulated under the General Data Protection Regulation which applies across the European Union and we are responsible as controller of that personal information for the purposes of those laws. 

If you are located in the United Kingdom (“UK”), we are regulated under UK data regulations known as “UK GDPR.” 

  1. Information Collected from Other Sources

We currently do not obtain personal information from third-party service.

  1. How we use your personal information

Erinchaparro.com and mtsssolutions.com collects such information in order to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee contests and promotions and improve website performance and customer service.

  1. Who We Share Your Personal Information With

Erinchaparro.com and mtsssolutions.com respects your privacy and will never sell, trade or transfer your personally identifiable information to third parties (beyond what is necessary for fulfilling a customer transaction or for the basic functionality of an online service) without your consent.

We do, however, share personal data (e.g., your name and delivery address details)] with Kajabi.com and ConvertKit.com (which are our third-party suppliers, credit card processors or shipping companies).

 This data sharing enables them to deliver the goods you ordered directly to you. Those third-party recipients are based outside the European Economic Area or the UK, for further information including on how we safeguard your personal data when this occurs, see Transfer of your information out of the EEA, UK below.

Erinchaparro.com and mtsssolutions.com may release personal information to enforce its Website Terms and Conditions of Use, other Terms and Conditions, manage its business, protect users or the general public, or to otherwise comply with legal obligations.

If you give Erinchaparro.com and mtsssolutions.com your permission, it may also use personal identification information for internal or external marketing and promotional purposes.

On occasion, Erinchaparro.com and mtsssolutions.com may collect personal identification information from you in connection with optional contests, special offers or promotions. Erinchaparro.com and mtsssolutions.com will share such information with necessary third parties for the purpose of carrying out the contest, special offer or promotion. We will ask for your consent to such disclosure and use of such information, prior to your participation in the contest, special offer or promotion.

We reserve the right to transfer personal information in the event that we merge with or are acquired by a third party. We also may disclose your personal information for any other purpose permitted by law or to which you consent.

We will not share your personal information with any other third party.

  1. Whether Information Has to Be Provided by You and Why

We do not require you to provide any personal data to access information on the public areas of erinchaparro.com and mtsssolutions.com. We will inform you when we collect it whether you are required to provide the information to us.

  1. How Long Your Personal Information Will Be Kept

We will hold all non-client personal data until you let us know you would like for us to delete it or unsubscribe from our marketing contacts, which you are free to do at any time.  We will hold all client and customer personal data in our files for six years as recommended by UK law and U.S. IRS.

  1. Reasons We Can Collect and Use Your Personal Information

Erinchaparro.com and mtsssolutions.com collects and uses your personal information to send e-mails, fulfill orders, deliver services and products, complete customer transactions, oversee contests and promotions and improve website performance and customer service.

  1. Use and Transfer of Your Information Out of the EEA, UK

This website is operated in the United States and third parties with whom we might share your personal information as explained above are also located in the United States. If you are located in the EEA, the UK, or elsewhere outside of the United States, please be aware that any information you provide will be transferred to the United States. By using this website, participating in any of its services and/or providing your information, you consent to this transfer.

These countries do not have the same data protection laws as the EEA or UK. While the European Commission has not given a formal decision that the United States provides an adequate level of data protection similar to those which apply in the EEA, any transfer of your personal information will be subject to the derogation in Article 49 permitting non-repetitive transfers that concern only a limited number of data subjects, as permitted by Article 49 of the General Data Protection Regulation that is designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal information. If you would like further information, (see “How to contact us” below.  We will not otherwise transfer your personal data outside of the EEA or UK, or to any organization (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.

  1. Your Rights

If you want to unsubscribe from receiving e-mails from Erinchaparro.com and mtsssolutions.com, you may do so at any time. Each e-mail from Erinchaparro.com and mtsssolutions.com includes instructions for unsubscribing from these e-mail communications.

If you are covered by the General Data Protection Regulation, or other relevant privacy regulations, you have a number of important rights free of charge. In summary, those include rights to:

  • Fair processing of information and transparency over how we use your use personal information
  • Access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address
  • Require us to correct any mistakes in your information which we hold
  • Require the erasure of personal information concerning you in certain situations
  • Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
  • Object at any time to processing of personal information concerning you for direct marketing
  • Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
  • Object in certain other situations to our continued processing of your personal information
  • Otherwise restrict our processing of your personal information in certain circumstances

You may also have the right to claim compensation for damages caused by our breach of any data protection laws.

For further information on each of those rights, including the circumstances in which they apply, visit www.gdpr.eu; https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/; or https://www.priv.gc.ca/en .

If you would like to exercise any of those rights, please:

  • Email, call, or write to us
  • Provide us enough information to identify you (e.g., first and last name, account number, user name, registration details)
  • Provide us proof of your identity and address (a copy of your driver’s license or passport and a recent utility or credit card bill)
  • Provide us with the information to which your request relates including any account or reference numbers, if you have them
  1. Keeping Your Personal Information Secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorized manner and may be subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable authorities of a suspected data security breach where we are legally required to do so.

It is important to understand that no security measures are absolute. We cannot guarantee the safety of any information you provide to us.

Please note that any comments or information that you post on the website, including the Erinchaparro.com and mtsssolutions.com and the Strong Start Community operated on Kajabi.com and social media pages or groups, become public and third parties may use your information. Erinchaparro.com and mtsssolutions.com is not responsible for any unauthorized uses by third parties in such context. You disclose such information at your own risk.

  1. Links to Other Sites

You may see advertising or other content on this website that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors or other third parties.  Any products or services reached through a third-party link are subject to separate privacy policies. Erinchaparro.com and mtsssolutions.com is not responsible for or liable for any content on or actions taken by such third-party websites.

  1. How to Complain

We hope that we can resolve any question or concern you raise about our use of your information.

If you are covered by the General Data Protection Regulation or UK GDPR, you may lodge a complaint with a supervisory authority, in particular in the UK or European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.

  1. Changes to This Privacy Notice

This policy is effective as of March 1, 2024.  We may change, modify or update this Privacy Policy at any time and will notify you of any fundamental changes by email or postal mail.  Otherwise, we will reflect any such modifications to this Privacy Policy on our website. We suggest that you periodically consult this Privacy Policy. Your continued use of our website after any such changes constitutes your acceptance of this Privacy Policy, as revised.

  1. How to Contact Us

If you have any questions or concerns about this Privacy Policy, the information we hold about you, or you wish to change your personal information in our records, please contact [email protected] or 950 Kubli Rd., Grants Pass, OR 97527.

  1. Do You Need Extra Help?

If you would like this notice in another format (for example: audio, large print, braille) please contact us (see “How to contact us” above).

 

 

Policy Last Updated March 1, 2024.

Erin A. Chaparro, Ph.D., operating at mtsssolutions.com

TERMS AND CONDITIONS OF USE

Please read these Terms and Conditions of Use (“TOU”) carefully.  You must agree to these TOU before you are permitted to use any mtsssolutions.com digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, or enter any online private forums operated by Erin A. Chaparro, Ph.D., mtsssolutions.com, the MTSS Strong Start Community, and the MTSS Coaches’ Club (for any purpose), whether on a website hosted by mtsssolutions.com or a third-party website such as an online course platform or facebook.com (collectively “the Subscription Program”).

 

If you do not agree with these TOU, you may not use the Subscription Program.

 

As used in these TOU, the term “Releasees” is defined to include the following: (i) Erin A. Chaparro, Ph.D., mtsssolutions.com, and the Strong Start Community, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers.

 

  1. The Subscription Program

 

    1. You will receive as part of the Subscription Program:
  1. A private community hosted on Kajabi.com;
  2. Live group Q&A session twice during the 2024-2025 school year where you can bring your questions about multi-tiered systems of support in your K-12 classroom, school, or district; Zoom will be used and sessions will be recorded and placed on Kajabi.com;
  • Live community conversations connecting you with others within the space, giving you encouragement, guidance, and emotional support;
  • Resource library with tools, training, and materials to help you stay in action.
  • Upon request (email to [email protected]) you will receive a completion certificate acknowledging 4 hours of unaccredited continuing education after each year of participation.

 

  1. Members

 

If you wish to participate in another session of the Subscription Program in the future or purchase any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.

 

This Subscription Program is intended and only suitable for individuals aged eighteen (18) and above. Some of the content in this Subscription Program may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of eighteen (18).

 

  1. Payment

 

You agree to the following fees and payment schedule:

 

Annual Pay-in-Full: You agree to pay a one-time, immediate payment of $297 (Strong Start) or $97 (Coaches’ Club), which is the annual total cost of your Subscription. This option is available only one time through July 31st, 2024. There are no recurring annual payments. This is a one-time offer. Annual subscription will end on June 30th, 2025.

 

Standard Annual Pay-in-Full: You agree to pay a one-time, immediate payment of $197, which is the annual total cost of your Subscription. This option is available only one time through September 30th, 2024. There are no recurring annual payments. This is a one-time offer. Members who choose this option will receive up to a total of 11 months for your annual Subscription, available from August 1, 2024 through July 31st, 2025, also includes access to the Strong Start Community.

 

Month-to-Month Commitment, Cancel at any Time for the MTSS Coaches Club Community Access Only: Upon registering for this Subscription Program, your first payment of $9 will be due, followed by monthly payments of USD $9. The recurring monthly payment of $9 will be charged to your card on the same calendar day each month (if, for example, you join on April 12, your card will be charged again on May 12, June 12, and so on). You can cancel at any time before the next month’s payment is charged, as outlined below. In the event you do cancel, default or late payments will be due immediately.

 

For all fees and payment schedules outlined above: if paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

GRACE PERIOD

If payment is not received by the date due, you will have a three (3) day [or other time period] grace period to make the payment, otherwise the Subscription Program will not continue, and we reserve the right to terminate your access to the Subscription Program and all Content, as defined below, immediately and permanently. 

 

If you fail to make any payment in a timely manner or voluntarily withdraw from the Subscription Program at any time or for any reason, you will remain fully responsible for the full cost of the Subscription Program and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

 

  1. Refunds

 

Month-to-Month Commitment, Cancel at any Time for Strong Start Community Access Only Refund Policy: Your satisfaction with the Subscription Program is important to us. However, because of the extensive time, effort, preparation and care that goes into creating and providing the Strong Start Community portion of our Subscription Program we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for the Strong Start Community portion of our Subscription Program and no refunds will be provided to you at any time. By using and/or purchasing the Strong Start Community portion of our Subscription Program, you understand and agree that all sales are final, and no refunds will be provided. However, you may cancel at any time.

 

Early Bird Annual Pay-in-Full and Standard Annual Pay-in-Full: Your satisfaction with the Subscription Program is important to us. To receive a refund of any Subscription Program fee, you must cancel your participation in the Subscription Program no later than 14 days after you received access to the modules.

 

In all other cases, because of the extensive time, effort, preparation and care that goes into creating and providing the Subscription Program, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Subscription Program and no refunds will be provided to you. By using and/or joining our Subscription Program, you understand and agree that, except for the limited refund period described above, all sales are final and no refunds will be provided.

 

Please note: If you opted for a payment plan and you do not request a refund within 14 days of receiving access to the modules, you are required by law to complete the remaining payments of your payment plan.

 

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

 

If you receive a refund, that refund shall immediately terminate any and all licenses granted to you to use the material provided to you under this these TOU. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, Subscription areas, social media groups limited to paying members, and other resources.

 

All refunds are discretionary as determined by the Company. To further clarify, we will not provide refunds for requests made after the 14th day from your access to the modules and all payments must be made on a timely basis.

Company reserves the right, in its sole discretion, to determine how to discipline a member who violates these TOU. Therefore, if a member disagrees with how the Company disciplines another member and requests a refund, the Company will deny such request.

 

Furthermore, if a member violates these TOU, the Company reserves the right, in its sole discretion, to offer the member another opportunity to abide by these TOU. If a member disagrees with the Company offering another member a second opportunity to follow these TOU, no grounds for a member to receive a refund would be created, and any request for a refund on this basis shall be denied.

 

If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these TOU, the Company may terminate your access and participation in the Subscription Program without notice and without refund.

 

The Company may offer additional Subscription Program elements for a subgroup of members, as further discussed in Section 7 of this TOU. The Company reserves the right, in its sole discretion, to offer member participation in these additional Subscription Program elements to specific members. If a member is denied participation in these additional Subscription Program elements, no grounds for a member to receive a refund would be created and any request for a refund on this basis will be denied.

 

Since we have a clear and explicit refund policy in these TOU that you have agreed to prior to completing the purchase of the Subscription Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

 

  1. Intellectual Property Rights

 

    1. Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Subscription Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

 

    1. The Company’s Limited License to You

If you view, purchase or access any Subscription Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. 

This means you may view, download, print, email and use one copy of individual pages of the Subscription Program and Content for your own personal purposes.

 

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Subscription Program or Content for commercial purposes or in any way that earns you or any third-party money. By downloading, printing, or otherwise using the Subscription Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property.  Any unauthorized use of any materials found in the Subscription Program or Content shall constitute infringement. 

 

You must receive our written permission before using any of the Subscription Program or Content for your own commercial use.

 

The trademarks and logos displayed on the Subscription Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

 

All rights not expressly granted in these TOU or any express written license, are reserved by us.

 

    1. Unauthorized Use

Your use of any materials found in the Subscription Program or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Subscription Program in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue.  This is not a penalty but an agreed liquidated damage charge for the Unauthorized Use.    

You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.

    1. Your License to the Company; Use in Testimonials and Marketing.

 

By posting or submitting any material during the Subscription Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least eighteen (18) years old.

 

The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future website and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.  You acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our website or in our Content at any time for any reason.

 

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Subscription Program that may contain you, your voice and/or your likeness. The Company may request your consent to the Company’s use, display, distribution or other publication of these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Subscription program.  If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you, to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Subscription Program or in our Content at any time for any reason.

 

    1. Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by

sending an e-mail to [email protected]

 

If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Subscription Program and Content.

 

  1. Your Conduct

 

The Subscription Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Subscription Program members on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This means you agree not to form, or ask Subscription Program members to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Subscription Program members to participate in events, such as a meetup, seminar, or athletic competition, without first receiving approval from the Company. You agree not to market, promote, or sell products or services such as other education conferences, consultants, trainings and physical products such as essential oils, exercise DVDs, nutritional supplements, coaching services, or other products or services to Subscription Program members, unless you are authorized or requested to do so by the Company.

 

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.

 

You are responsible for Your Material and for any liability that may result from the material you post.  You participate, comment, and post material at your own risk.  Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.  You agree to post comments or other material only one time.

 

You are strictly forbidden from the following:

 

  • Harassing, fighting with, or being disrespectful to other members

 

  • Causing damage to any Company website or third-party forums operated by the Company

 

  • Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity

 

  • Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software

 

  • Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes

 

  • Systematically or automatically collecting data from any Company website or third-party forums operated by the Company

 

  • Using any Company website or private Subscription forum or third-party forums operated by Company, to take pictures and/or screenshots of comments, posts, pictures, materials or any other content posted and/or shared by Company and/ or members without receiving their advance permission

 

  • Sharing any private and proprietary information, screen shots, comments, posts, pictures, materials or any other content posted and/or shared from other members, with the public or with anyone who is not a member on or in any Company website, private Subscription or third-party forums operated by Company.

 

If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Subscription Program and your access to the Content without refund. 

 

The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

 

  1. 7. Community Guidelines

 

The Company has created a community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within Company’s community is the baseline expectation that all members will treat one another with respect while bringing encouragement and consideration to all members.

 

The Company’s community guidelines are as follows:

  1. The Company’s Subscription Program promotes diversity amongst its members. Therefore, the Company encourages all members to connect with one another and to learn about one another’s background, interests, hobbies and points of view. The Company does not tolerate nor support any member’s discriminatory speech, hate speech, comments, or actions against another member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.

 

  1. The Company does its best to create a safe and welcoming space for all members, however, Company cannot guarantee that all members will follow these guidelines. Company, in its sole discretion, may remove any member’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within the Subscription Program. Therefore, Company shall not be held liable for any member’s comments, actions, posts, content or materials that result in another member’s trauma or discomfort.

 

  1. The Company has created a safe space for all members to feel seen, respected and heard. Company encourages members to engage in respectful dialogue with one another. The Company does not support nor tolerate any disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, or mental or emotional abuse. Therefore, each member must demonstrate respect towards one another.

 

  1. Support each member with words of encouragement, resources or suggestions, while respecting each member’s boundaries.

 

  1. The Company reserves the right to offer additional Subscription Program elements from time to time, for any subgroup of members. These additional Subscription Program elements are a bonus, not a part of the services included in the base Subscription of the Subscription Program. The selection of the members who may participate in any additional Subscription Program elements is at the sole discretion of the Company.

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We may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these TOU.

 

  1. Confidentiality

 

Company is not legally bound to keep your information confidential. Nevertheless, the Company agrees to keep all information about your Subscription confidential except when disclosure is required by law, for example if a court issues a subpoena for the file or information, or if you threaten to harm yourself or others. You acknowledge that your communications with the Company are not covered by any doctor-patient privilege or other privilege.

 

Confidential information does not include information that:

 

  • was in the Company’s possession prior to your participation in the Subscription Program;

 

  • is generally known to the public or in your circle of friends and family and co-workers; or

 

  • the Company may be required by law to disclose.

 

You may use a screen name or pseudonym instead of your actual name for your participation in the Subscription Program and public posts on the Company website and in third-party forums operated by the Company.

 

You agree that the Company shall not be liable for the disclosure of any of your information by another Subscription Program member. You agree to keep all information you learn about other Subscription Program members, their district, school, or education agency (including their intellectual property), or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

 

The Company may record Q&A coaching calls and share them in the Subscription Program, on the Company’s website, or on third-party forums operated by the Company.

 

You agree you will not share any recorded Q&A coaching calls or third-party forum postings outside the private member areas of the Company’s website, or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Subscription Program and Content.

 

  1. Username and Password

 

To access certain features of the Subscription Program, including any private Subscription areas, you may need a username and password. It is your responsibility to inform the Company before the Subscription Program start date if you do not receive an email containing your password to access the Subscription Program. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Subscription Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Subscription Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.

 

  1. Live or In-Person Events

 

If you participate in any live or in-person event as part of the Subscription Program, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely participate in the Subscription Program. You agree to exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws while participating in the Subscription Program. This includes, generally, respect for other people, equipment, facilities or property. The Company may dismiss you, without refund, if your behavior endangers the safety of or negatively affects the Subscription Program or any person, facility or property.

 

You consent to medical care and transportation in order to obtain treatment in the event of injury to you as Company, volunteers or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.

 

If you choose to consume alcoholic beverages during any part of the Subscription Program, you must do so responsibly and only if you are over the age of twenty-one (21). The Company is not responsible for any personal item or property that is lost, damaged or stolen at or during the Subscription Program.

 

  1. Termination or Cancellation

 

The Company reserves the right in its sole discretion to refuse or terminate your access to the Subscription Program and Content, in full or in part, at any time without notice. The Company may terminate your participation in the Subscription Program at any time, without refund, if you breach any part of these TOU. In the event of cancellation or termination, you are no longer authorized to access the part of the Subscription Program or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Subscription Program and its Content will still apply now and in the future, even after termination by you or the Company.

 

If you are a month-to-month member and you would like to cancel your Subscription in the Subscription Program, you must provide the Company with at least 10 days written notice via e-mail before your monthly recurring charge.  You will continue to have access to the materials and Content of the Subscription Program until the end of the then-current month.

 

If you are an annual Subscription holder who has paid your Subscription fee in full, you must provide the Company with written notice of your request to cancel. You will continue to have access to the materials and Content of the Subscription Program until the end of the then-current August 2025. You will have access to the Subscription Program for the remaining months of your annual Subscription, and you will not be issued a refund for those remaining months.

 

In the event you decide to cancel, any remaining, default, or late payments will be due immediately.

 

  1. Personal Responsibility, Assumption of Risk, Release, Disclaimers

 

    1. You are voluntarily participating in the Subscription Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.

 

    1. Your participation in the Subscription Program does not establish a business advisor-client relationship of any kind between you, the Company, or anyone providing Subscription services on behalf of the Company. 

 

    1. Your participation in the Subscription Program does not establish a counseling relationship of any kind between you, the Company, or anyone providing Subscription services on behalf of the Company. 

 

    1. The Subscription Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. The Subscription Program and Content is not intended to be a substitute for professional advice that can be provided by your own lawyer, psychology, or medical professional.  You are responsible for your own financial, legal, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Subscription Program.

 

    1. You agree that you will not use educational coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your personal needs.

 

    1. You acknowledge that, by engaging with the Company for the Subscription Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Subscription Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.

In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Subscription Program.

 

    1. Earnings and Results Disclaimer:  You agree that Company has not made and does not make any representations about the student achievement, fiscal savings, or results you may receive as a result of your participation in the Subscription Program. The Company cannot and does not guarantee that you will achieve any particular result or fiscal savings from your use of the Subscription Program, and you understand that results differ for each individual, school, district, and educational organization.

 

    1. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

 

    1. The Company is not responsible or liable for members of the Subscription Program infringing on another other member’s intellectual property, content or materials.

 

    1. The Company tries to ensure that the availability and delivery of the Subscription Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.

 

    1. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SUBSCRIPTION PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SUBSCRIPTION PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING SUBSCRIPTION PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

    1. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SUBSCRIPTION PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SUBSCRIPTION PROGRAM.

 

  1. Security

 

You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties

not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.

 

 

 

  1. Legal Disputes

 

These TOU shall be governed by and construed in accordance with the laws of the State of Oregon without giving effect to its conflict of laws principles. The state and federal court nearest to Grants Pass, Oregon shall have exclusive jurisdiction over any case or controversy arising from or relating to the Subscription Program or Content, including but not limited to the Company’s Privacy Policy or these TOU. By using the Subscription Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

 

  1. Users Outside United States

 

The Company controls and operates the Subscription Program from offices in the United States. The Company does not represent that materials on the Subscription Program are appropriate or available for use in other locations. People who choose to access the Subscription Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

  1. Indemnification

 

You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Subscription Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Subscription Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

 

  1. Force Majeure

 

The Company shall not be deemed in breach of this TOU if the Company is unable to complete or provide all of the Subscription Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to Client of its inability to perform or of delay in completing or providing the Subscription Program and shall propose revisions to the schedule for completion of the Subscription Program or other accommodations or may terminate this TOU.

 

  1. General Provisions.

 

The Company may modify the terms of this TOU at any time. All modifications shall be posted on the Company’s website and members shall be notified via email.  If any provision of this TOU is held invalid or unenforceable, the remainder of this TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

 

This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This TOU supersedes all prior written and oral representations.

 

By clicking on the box when signing up for the Subscription Program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document.  If you do not agree with these TOU, do not purchase or use the Subscription Program or Content.

 

Updated on March 17th, 2024.