TERMS AND CONDITIONS
www.3Eprogram.com
Effective date: 1st October 2022
Introduction
Welcome to the 3E Program for Social Justice and Change (“3E Program”) website which is located on www.3EHistory.com and www.3EProgram.com (“Site” or “Website”).
This website is owned by Yet2Evolve Productions, LLC and operated by Butterfly Noir Inc. from the United States. Throughout the Site, the terms “we”, “us”, “3E Program”, “Company” and “our” refer to Yet 2 Evolve Productions, LLC and Butterfly Noir Inc. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site, you (“User”) engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. The “Service” is referred to the operation of our website and the digital products and services offered to instructors and homeschooling parents.
These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, instructors, homeschooling parents, students and/ or contributors of content.
PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO THESE TERMS, CONDITIONS, AND ALL APPLICABLE LAWS. IF YOU DO NOT AGREE WITH THESE TERMS, OUR PRIVACY POLICY, OR ANY OTHER OF OUR POLICY, YOU SHOULD NOT USE THE SERVICES.
General Information
- What we do. We offer the 3E Program for Social Justice and Change curriculum for Instructors and homeschooling parents. For more information on what we do, please refer to our website.
- Sole discretion. We reserve the right to add/discontinue any product or service anytime at the sole discretion and without notice.
Subscription-Based Access: Purchases of the 3E Program for Social Justice and Change constitutes a subscription that grants the purchaser access to Content provided on a third party learning platform and/or the 3E Program for Social Justice and Change textbook. Purchased subscriptions are only accessible for the duration of the current school year in which the purchase was made or the semester in which the subscription was purchased. This subscription is non-transferable and will expire at the end of the current school year or semester.
Subscription based Content on third party learning platforms: All content created and shared within the third party learning platform used by the 3E Program for Justice and Change, including but not limited to lessons, Betrayal of a Nation videos, tasks, assignments, PDF documents, quizzes, and any written content within the third party learning platform that is not a “supporting article link” authored by a third party, is exclusively owned by Yet 2 Evolve Productions, LLC.
Copyright Violation: Copying, reproducing, distributing, or using the third party learning platform Content and/or textbook beyond the scope of the subscription, or for any other class, course, or publicizing purposes, constitutes a copyright violation under the law. Such violations may result in legal action and are subject to remedies available under copyright laws.
Media Consent: By enrolling in the 3E Program for Social Justice and Change under the homeschooled division sold, you grant Yet 2 Evolve Productions, LLC the automatic and non-revocable consent to use any work, videos (including videos with your child’s image and likeness), assignments, and related content submitted by students for all media and promotional purposes associated with the program. This consent includes, but is not limited to, the use of such materials in educational materials, presentations, promotional materials, press releases, news articles, social media, and on the program’s website. Your purchase and enrollment in the program signify your consent to this media release.
Responsibility
For any program content, course session, advice, or information 3E Program provides, the User has sole responsibility for any decisions they may make following coaching with 3E Program. Remarkable results can be achieved where Users follow a clear plan in a committed way. 3E Program accepts no liability for the User’s actions and offers no guarantees for a result. 3E Program has no liability for any loss incurred by any User, whether financial or otherwise, following commencement of coaching sessions or based on any advice or documentation given by 3E Program either in the 3E Program site, at an event or for any perceived failure by the User, whether justified or otherwise, to achieve a material improvement in the quality of life or to achieve their desired outcomes or goals.
Eligibility
The purchase of our services is strictly limited to parties who can lawfully enter into and form contracts on the Internet. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
By purchasing any service, you expressly authorize us to perform credit checks and where 3E Program feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.
Payment
All Users are required to pay for the services in advance according to the payment method stated by 3E Program. Payments can be made both online and offline to 3E Program.
Pricing Policy
All prices are in US Dollars and are exclusive of taxes. Any changes in pricing is applicable to all users.
Permitted use
You agree to use the Site and the Services only for purposes that are permitted by these Terms and Conditions and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.
You will not (and will not attempt to):
- Access any of the Services by any means other than through the interface that is provided by 3E Program;
- Gain unauthorized access to 3E Program’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, 3E Program’s networks, and computer systems;
- Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
- Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
- Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
- Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by 3E Program in a way that is likely or intended to confuse the owner or authorized user of such marks, names or logos.
Limited License and Site Access; Acceptable Use
We grant you a limited license to use the Site for personal non-commercial use only. You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
Accounts, Registrations, and Passwords
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer. If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. 3E Program is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of 3E Program. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify 3E Program immediately of any breach of security or unauthorized use of your account. 3E Program cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.
Refunds and Cancellations
Please refer to our refund policy for more information on this section.
Intellectual Property Rights
Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site. All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorized reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorization. To inquire about obtaining authorization to use the Content, please contact us at info@3eprogram.com
In addition to the intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.
Digital Millennium Copyright Act (DMCA)
3E Program expects all users to respect the intellectual property rights of others. 3E Program may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may notify us at info@3EHistory.com. The notification must include the following information: physical or electronic signature of the owner or authorized agent of the owner of the allegedly infringed work; identification of the allegedly infringed work; identification of the material that is claimed to be infringing and reasonably sufficient information for 3E Program to locate the material; contact information of the notifying party, such as an address, telephone number, and email; a statement that the notifying party has a good faith belief that the use of the material in the manner complained of is not authorized by the owner of the allegedly infringed work, its agent or the law; and a statement, under penalty of perjury that the information in the notification is accurate and the notifying party is the owner or authorized agent of the allegedly infringed work.
Monitoring Activity
3E Program has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you.
Disclaimer
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, 3E PROGRAM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.
Limitation of Liability
You agree that in no event shall 3E Program be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorized access to or use of the Site or 3E Program’ secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.
Indemnification
You agree to indemnify and hold 3E Program and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.
Dispute Resolution & Governing Laws
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
These Terms and Conditions shall be governed by and construed in accordance with the law of the State of New York, United States and you hereby submit to the exclusive jurisdiction of the New York courts.
Privacy & Cookies
For more information on how we collect your information and cookies, please refer to our Privacy Policy and Cookie Policy.
Changes
We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.
Electronic Communications
When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.
Severability
If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.
Assignment
We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.
Force Majeure
3E Program is not liable for any delays caused by circumstances beyond 3E Program’s control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures.
When a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under these Terms and Conditions, that obligation will be suspended for the duration of the Force Majeure Event. Under such conditions, you may contact us and we will resolve your issue within a reasonable period of time and we reserve the right to decide at our sole discretion.
Entire Agreement
These Terms and Conditions set forth the entire understanding and agreement between you and 3E Program concerning the subject matter herein and supers all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive 3E Program’s right to act concerning subsequent or similar breaches.
Term and Termination
This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to 3E Program shall survive any termination.
Contact Us
For any questions, complaints, and queries or to report any violations, kindly get in touch:
Email: info@3eprgram.com