TERMS & CONDITIONS

Last modified 28 December 2020
Site Terms

Welcome to Occam Education, LLC (“Occam”)'s website hosted at https://occameducation.com (the "Site").

These Terms & Conditions (the “Terms”) governs your use of the Site and/or use of any of Occam’s internet-based services provided through the Site (the “Services”). The Terms creates a legal agreement between a user who accesses the Site and/or uses the Services (“you”), and Occam. The Terms outline the terms and conditions of our relationship with you, as supplemented by our Privacy Policy, available at https://occameducation.com/privacy, which is incorporated into this agreement by reference and also governs your visit to the Site and/or use of the Services.

By using the Site and/or the Services, you agree to be bound by the Terms and all applicable laws and regulations. If you do not wish to be bound by the Terms, do not use or access the Site or the Services. The Terms are subject to change at any time at Occam’s discretion, and you are encouraged to review the most current terms each time you visit. Your use or access of the Site or the Services in any way signifies your constructive and actual notice and knowledge of, and your agreement to be bound by, the most current version of the Terms as posted on the Site, as well as our Privacy Policy.

Portions of the Site or the Services may be governed by different or additional terms and conditions. In the event of a conflict between any provision of the Terms and any specific terms and conditions for a particular usage of the Site or the Services, the applicable provision of the specific terms and conditions for that usage of the Site or the Services shall prevail with respect to your use of the Site or the Services.

USER REGISTRATION

To obtain full access to the Services, you must complete a registration. You will be asked to provide certain registration details or other information; to establish an account specific to you (“Account”) to be provided by us at the terms and pricing set forth at the time of registration. By signing up for your Account, you agree to pay the fees designated by us for the type of account and/or Services you have selected (the “Fees”).

USER ACCOUNTS

To create your Account, log into the site, and/or participate in any Services offered by the Site, you must qualify and agree to the conditions set forth below. Failure to qualify and continuously abide by any of the following conditions constitutes a breach of the Terms and may result in the termination of your Account and authorization to use the Site and the Services.

You agree that:

  1. In establishing your Account and/or using our Services, you have provided us with certain personally identifiable information about you. Please see our Privacy Policy for the subject matter of the information collected and the duration of retention of such information;
  2. All information that you provide in your registration form with us for the purposes of establishing your Account and/or using the Services is true and correct and you will promptly notify us of any changes to such information;
  3. All information that you provide to us about your family members has been provided with the consent of your family members. You will use the information fields only to transmit information required to access the Site or perform the Services requested and will not provide any additional personally identifiable information about you or your family members to us. It is a breach of the Terms for you to provide personally identifiable information to us which is not required to perform the Services requested;
  4. Your account is for your sole use only and must not be used by any third party. You shall not allow any third party to use your Account, password, login, or user ID to access or use the Site, to arrange, enter, and/or participate in Services, or for any other purposes. We take no responsibility for any third-party access to your Account. You shall notify us promptly of any unauthorized use of your password and identification and/or breach. You accept responsibility for all activities that occur under your Account, user ID, or password and all such use shall be deemed to be authorized by you;
  5. You have verified and determined that your use of the Site and the Services does not violate any law or regulation in any jurisdiction that applies to you. It is your sole responsibility to ensure that this is the case;
  6. You will not use the Site or the Services for fraudulent or otherwise illegal purposes;
  7. You understand that we may detect your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Site or Services is illegal or restricted;
  8. You will not mask your identity in any way, including, without limitation, IP masking or accessing the Site or the Services over any type of proxy server; and
  9. You will ensure that all use of your Account fully complies with the Terms. We may suspend or terminate your access to the Site and/or the Services without notice to you in the event that you do not use the Site or the Services for an extended period of time.

VERIFICATION OF ACCOUNT INFORMATION

We reserve the right (but do not undertake the obligation) to conduct a review, at any time, to validate your Account information and/or to ensure that your participation in the Site and use of the Services does not breach the Terms and/or any applicable law. You authorize us and our agents to make any inquiries of you and for us to use and disclose to any third party we consider necessary to validate this information. To facilitate the foregoing validation, you agree to provide sufficient information or documentation as we, in our discretion, may request. If you do not provide such information within thirty (30) days of our request, if your responses are incomplete or otherwise insufficient, or if we cannot verify the information applicable to your Account, your Account may be terminated.

OWNERSHIP & LIMITED LICENSE

For so long as you are our customer and paying the Fees required by the Terms, Occam grants to you a non-exclusive right to use the Site and our Services, subject to the restrictions set forth in the Terms and any other restrictions communicated by us in writing. You may use the Site only for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any other commercial purpose, without our express prior written consent.

USER GENERATED CONTENT

Occam may provide users an opportunity to transmit or post content, which may include text, videos, photographs, images, sound files and/or other content, to the Site or through use of the Services (collectively, "User Content") and may provide for the hosting, sharing and/or publishing of such User Content. Occam does not necessarily endorse, support, sanction, encourage, or agree with User Content and expressly disclaims any and all liability in connection with any User Content.

You shall not transmit or post any User Content that:

  1. is unlawful, threatening, harassing, abusive, false, inaccurate, deceptive, misleading, offensive, distasteful, inappropriate, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent, invasive of another's privacy or harmful to minors in any way;
  2. constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law;
  3. is copyrighted, protected by trade secret, patent, trademark or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant Occam all of the license rights granted herein;
  4. refers derisively to the goods or services of others; (e) includes any disruptive elements that may damage or interfere with the Site and/or the Services such as malware, spyware or other malicious code;
  5. includes advertisements or solicitations of business;
  6. impersonates another person;
  7. includes any person's full name or personal or identifying information without that person's authorization;
  8. violates the law or otherwise violates the Terms; or
  9. provides a link to any of the above.

In connection with any User Content that you submit, you affirm, represent, and/or warrant that:

  1. you own or have the necessary licenses, rights, consents, and permissions to use, and to authorize Occam to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the Site and/or the Services and the Terms;
  2. you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and/or the Services and the Terms; and
  3. it complies with the Terms.

You understand that all User Content is the sole responsibility of the person who transmits or posts that User Content. This means that you, and not Occam, are entirely and solely responsible for all User Content that you transmit or post and for the consequences of Occam publishing such User Content. Occam does not and cannot review the User Content transmitted or posted by users and is not responsible for such content. However, Occam shall have the right, but not the obligation, to refuse, delete, move, remove, or edit any User Content that violates the Terms, our Privacy Policy, or is otherwise objectionable, as determined by Occam in its sole discretion and without notice. Any specific complaints regarding User Content must be directed to support@occam.me, and any promise by Occam to investigate, delete, remove, or otherwise edit any User Content shall be non-binding unless expressly provided in writing by Occam.

You agree to indemnify Occam and its parents, subsidiaries, and affiliates, and each of their respective constituent entities, partners, officers, directors, employees, agents and representatives, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney's fees) that may arise from your use of the Site and/or the Services, your transmission or posting of User Content, your unauthorized use of material obtained from the Site and/or the Services, your breach of the Terms or our Privacy Policy, your violation of any law, regulation or any right of any other person or entity, and any unauthorized use of your account or password. Occam reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Occam does not claim any ownership rights in the User Content. By transmitting or posting User Content, you grant to Occam the perpetual, non-terminable, worldwide, nonexclusive, royalty-free, sublicenseable and transferable right and license to use, reproduce, edit, remove, modify (including the size and aspect ratio of photographs), publish, transmit, display, distribute, have distributed, promote, perform, translate, and prepare derivative works of, all or any portion of such User Content in any form, in any medium now existing or hereinafter invented for any purpose, including commercial uses, including without limitation, in connection with:

  1. the Site and/or the Services,
  2. other Occam publications,
  3. Occam’s (and our successors') business,
  4. promoting and redistributing part or all of the Site and/or the Services (and derivative works thereof) without additional notice, approval, consent, compensation or attribution, or
  5. stories featuring the Site and/or the Services or any content on the Site and/or the Services in other news and media websites or other outlets.

You waive any moral rights you may have in the User Content. You also grant each user of the Site and/or the Services a non-exclusive license to access your User Content through the Site and/or the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Site and/or the Services and under the Terms.

DMCA Policy

Occam respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Occam will respond expeditiously to claims of copyright infringement committed using the Services and/or the Site if such claims are reported to Occam’s Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Occam’s Designated Copyright Agent. Upon receipt of Notice as described below, Occam will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

DMCA Notice of Alleged Infringement (“Notice”)

A proper DMCA Notice of Alleged Infringement ("Notice") must:

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
  3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice: ol li “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” li “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.
  6. Deliver this Notice, with all items completed, to Occam’s Designated Copyright Agent: Daniel Brown, Occam Education, LLC, 5701 Reed Road, Fort Wayne, IN 46835, dbrown@occameducation.com

PAYMENTS

Payments to us for Fees must be made using means of payment that we may approve from time to time.

Some of our services are provided on a recurring basis. For these, to provide continuous service, we automatically renew all paid subscriptions upon expiration ("Renewal Date"). By using the Site or the Services, you acknowledge that your Account will be subject to the above-described automatic renewals. In all cases, if you do not wish your Account to renew automatically, please follow the directions set out under the "Termination or Cancellations of Accounts & Refunds" section of these Terms.

You agree that we will not be liable for any loss caused by any unauthorized use of your credit card or any other method of payment by a third party in connection with the Site or the Services. You waive your right to dispute any payment made into your Account and you will bear all costs.

Any attempt to defraud, through the use of credit cards or other methods of payment in connection with the Site or the Services, or any failure by you to honor charges or requests for payment will result in immediate termination of your Account and may result in civil claims and/or criminal prosecution against you.

In the case of suspected or fraudulent payment, including the use of stolen credentials, by anyone, or any other fraudulent activity, we reserve the right to block your Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity and may employ collection services to recover payments.

PROCESSING OF ACCOUNT PAYMENTS

We may use third-party electronic payment processors and/or financial institutions ("ESPs") to process financial transactions. When initially setting up your Account, you will have the ability to decide which ESP you want to process your payments. By selecting the ESP, you authorize us, as necessary, to instruct such ESPs to handle such transactions. You authorize us to give such instructions on your behalf in accordance with your requests as submitted on the Site for the use of Services. You acknowledge that each ESP has its own terms and conditions of use and that we are not responsible for said terms and conditions. In the event or conflict between these Terms and the ESP's terms and conditions regarding the Site or the Services, these Terms shall prevail.

TERMINATION OR CANCELLATIONS OF ACCOUNTS & REFUNDS

We may terminate these Terms, terminate your access to all or part of the Site and/or Services, or suspend any user's access to all or part of the Site and/or Services, at any time, without notice to you, if we believe, in our sole judgment, that you or any user connected to you have breached or may breach any term or condition of these Terms, if we believe it is required by law, or otherwise. We may delete any data in your Account or other materials relating to your use of the Site and/or our Services on our servers or otherwise in our possession. You acknowledge that we shall not be liable to you or to any third party for any termination of your access to the Site and/or our Services.

If we terminate your Account, all of your Account data may be deleted.

If you have paid for a recurring service, you may cancel at any time before the Renewal Date, and you will not be charged for use of the Services. After you have paid for a service, you may cancel your Account before the Renewal Date, and your account will not be renewed, but any fees you paid for the recurring service will not be refunded.

Upon termination of your Account for any reason, we will delete any personal information regarding your Account at your request and choice.

COPYRIGHT & INTELLECTUAL PROPERTY

All materials published on or in the Site and/or Services are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of either Occam or, in the case of content licensed by Occam from third parties, the entity that is credited as the copyright holder of such licensed content. You may download accessible material (one copy per page) from the Site or the Services for your personal and noncommercial use only, without altering or removing any trademark, copyright, or other notice from such material. To request use of U.S. News Services content - other than personal, non-commercial use as described above - contact support@occam.me to request specific, written authorization, which may require payment of an additional fee and may be granted or denied in the sole discretion of Occam.

PARTNER AND THIRD-PARTY WEBSITES

For your convenience, the Site and/or the Services may reference or link to other third-party websites throughout the Web ("Third-Party Websites"). Occam has no control over Third-Party Websites or the content found on Third-Party websites. Occam does not guarantee, represent, or warrant that the content contained on such Third-Party Websites is accurate, legal, and/or inoffensive. The Terms does not extend to your use of Third-Party Websites, and your use of Third-Party Websites is solely at your own risk and discretion. By using the Site to search for or link to Third-Party Websites, you fully understand and agree that you may not make any claim against Occam for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to Third-Party Websites.

AFFILIATE DISCLOSURE

Occam makes money on some products and services that are talked about on this website through affiliate relationships with the merchants in question. That in no way affects our opinion of those products and services.

NO WARRANTY; DISCLAIMER & LIMITATION OF LIABILITY

The materials and tools contained on the Site and through the Services are provided by Occam as a service to you for your noncommercial, personal use on an "as is, as available" basis and may be used by you for informational purposes only. You acknowledge that you are using the Site and Services at your own risk. Occam assumes no responsibility for errors or omissions in these materials. Occam makes no commitment to update the information contained herein. Occam makes no, and expressly disclaims any and all, representations or warranties, express or implied, regarding the Site and/or the Services, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Site and/or the Services, or that use of the Site and/or the Services will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by Occam or any other party on the Site or through the Services shall create any warranty or liability. The content provided through the Site and/or the Services should be used for informational purposes only; the content is not intended to be a substitute for professional advice.

Occam does not warrant or make any representations regarding the use or the results of the use of the materials on the Site or through the Services in terms of their correctness, accuracy, timeliness, reliability, or otherwise.

Under no circumstances shall Occam or any of its parents, subsidiaries, affiliates, licensors, or their respective constituent entities, partners, officers, directors, employees, agents, or representatives be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the the Site or the Services.

Your sole remedy in the event of any deficiency, defect, failure, error or interruption in the Site or the Services or any goods or services offered for sale through the Site or the Services shall be to request that Occam correct the matter or, if Occam fails to do so, to discontinue use of the Site and/or the Services. In no event shall Occam’s liability exceed an amount equal to all fees paid by you to Occam in connection with your use of the Site or the Services.

Occam periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Occam shall have no liability for the resulting unavailability of the Site or the Services or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of web host providers or the Internet infrastructure and network external to the Site or the Services.

GOVERNING LAW

You agree that any claim, action, or proceeding arising out of the Terms, or your use of the Site and/or Services, shall be governed by and construed in accordance with the laws of the State of Indiana applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought exclusively in a state or federal court located in Allen County in the state of Indiana. In addition, you agree to submit to the personal jurisdiction of such courts.