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1.1 You acknowledge and agree that by accessing or using the Sankore Professional Development Institute services (“Service”), operated by Above or Beyond Incorporated (“Above or Beyond,” “we,” “us”), you are agreeing to enter into a legally binding contract with Above or Beyond. If you do not agree to these terms, do not use the Service.
1.2 If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization, and “you” refers to both you and that organization.
2.1 The Service provides access to educational content and tools designed for professional development, which may include, but is not limited to, data, text, photos, and videos.
3.1 By using the Service, you agree to provide accurate and complete information about yourself and to update this information as necessary.
3.2 You agree to use the Service in compliance with all applicable laws and regulations and not to use the Service for any unlawful purposes or commercial purposes.
4.1 Some features of the Service may require payment. All fees are due as stated on the Service and are non-refundable.
4.2 We reserve the right to change the fees and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail.
5.1 Above or Beyond or its licensors own all rights, title, and interest in and to the Service, including all associated intellectual property rights. You are granted a non-exclusive, non-transferable, revocable license to access and use the Service strictly in accordance with these Terms.
6.1 You may be required to register to use parts of the Service. You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. Account information and passwords MUST not be shared.
7.1 You agree to comply with all laws applicable to your use of the Service. You agree to indemnify and hold harmless Above or Beyond, its officers, directors, employees, and agents from and against any claims, losses, damages, or costs resulting from your violation of these Terms or your activity related to the Service.
8.1 All disputes related to these Terms, or the Service will be resolved by arbitration under the rules of the American Arbitration Association in Florida, USA. You waive any right to participate in a class-action lawsuit or class-wide arbitration.
9.1 Above or Beyond will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service.
10.1 You may cancel your use of the Service at any time. We may terminate your access to the Service if you breach these Terms or engage in illegal or fraudulent activities.
11.1 We reserve the right to modify the Service and these Terms at any time. Your continued use of the Service after any modification constitutes your agreement to the new Terms.
12.1 If any part of this Agreement is determined to be invalid or unenforceable, the remainder of the Agreement will continue in effect.
12.2 This Agreement constitutes the entire agreement between you and Above or Beyond regarding your use of the Service and supersedes all prior agreements and understandings regarding the same.
THE SERVICE IS PROVIDED “AS IS”, WITH ALL FAULTS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING:
We may pause or interrupt the Service at any time, and you should expect periodic downtime for updates to the Service. No advice or information, whether oral or written, obtained by you from us or through the Service will create any other warranty.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM US ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY, EVEN IF WE HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICE OR OUR PROPERTY, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE PRIOR YEAR (OR, IF YOU ARE A FREE TRIAL OR OTHER NON-FEE PAYING USER, TO THE AMOUNT OF $5).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
