Economics, Inc. Terms of Service
Economics, Inc. Terms of Use
Welcome to Economics, Inc. business. These Terms of Use (“Terms”) govern your access to and use of our websites, web services, and mobile applications, including but not limited to www.Economics.Solutions and any other products, services, or features (collectively, the “Site”) owned and operated by Brett P. Phillips and Companies, LTD. CO. DBA, Economics, Inc.
Your Acceptance of These Terms of Use
These Terms apply to all users of the Site, whether or not you have a paid product or service. By accessing or using the Site, you agree to comply with and be bound by these Terms, our Privacy Policy, and any supplemental terms referenced or linked to herein. If you do not agree, you may not access or use the Site.
Company does not provide investment, securities, tax, accounting, legal, insurance, or other professional advice unless expressly stated in a separate written agreement. Nothing in the Site is advice to buy, sell, hold, or transact in any particular security, investment, or financial product at specific time or price.
Please read these Terms carefully. They address payment obligations, refunds, intellectual property, disclaimers, limitations of liability, communications, dispute resolution, arbitration, and Oklahoma law.
Our Privacy Policy
Before using the Site, please click here to review our Privacy Policy. All personal information provided to us as a result of your use of the Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms and our Privacy Policy, the Privacy Policy controls.
Who Should Use The Site
The Site and the information contained therein is intended for a United States audience ages 18 and up.
By visiting the Website and viewing our web-based services you, the Visitor of the Website, agree to the terms of this Agreement. This agreement contains the entire Agreement between the Visitor and Company, regarding the use of the Website. The Visitor hereby warrants and represents that he or she is in all respects qualified and competent to enter into this agreement.
When you use our Website you agree to all of these terms. Your use of our Website is also subject to our Privacy Policy.
Ownership of the Site and its Content
The Site, including all its content (“Content”), is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Company or Company’ affiliates and partners and are protected pursuant to applicable copyright and trademark laws. The presence of any Content on the Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through the Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission, which may be withheld in our sole discretion. Permission is hereby granted only to the extent necessary to lawfully access and use the Site and to display, download, or print portions of the Site, but only on a temporary basis and for your personal, educational, and noncommercial use, provided that (i) you do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media. All rights in and to the Site and Content not expressly granted are hereby reserved by Company.
Trademarks
The Company names and logos (including, without limitation, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Site, unless otherwise noted, are trademarks (whether registered or not), service marks, and/or trade dress of Company and/or its affiliates (the “Company Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited, or otherwise indicated within the Site are the property of their respective owners. You are not authorized to display or use the Company Marks in any manner without our prior written permission, which may be withheld in our sole discretion. You are not authorized to display or use trademarks, product names, company names, logos, service marks, and/or trade dress of other owners featured within the Site without the prior written permission of such owners. The use or misuse of the Company Marks or other trademarks, product names, company names, logos, service marks, and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Your Feedback
The feedback you provide to us through or about the Site or any of our other products and services (“Feedback”) will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title, and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display, or perform publicly, distribute, improve, and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Your Obligations
In consideration of your use of the Site, you agree that to the extent you provide personal information to Company, it will be true, accurate, current, and complete and that you will update all personal information as necessary. You also agree that you will use an image that you are authorized to use for your profile picture, if any. The use of company logos, advertisements, web addresses, contact information, pictures of celebrities, or the unauthorized use of images owned by others is prohibited. To the extent you create an account through the Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password, whether by you or by anyone else using your username and password and whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization.
Account Misuse and Consequences
You are solely responsible for all activity that occurs on your account. You agree to use your account and the Site in accordance with any and all applicable laws, rules, and regulations. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to suspend or terminate your account or disable your access to our Site at our sole discretion, without notice or liability, for any conduct that we believe violates these Terms of Use or is otherwise harmful to other users of the services, us, or third parties. This includes misuse by you, members of your household, or any third party using your account, with or without your authorization. Misuse includes, but is not limited to, sharing your login credentials to allow non-subscribers to access paid content or uploading or transmitting through the Site any computer viruses, trojan horses, worms, or anything else designed to interfere with, interrupt, or disrupt the normal operating procedures of a computer or the safeguards we have implemented around Artificial Intelligence features of the Site or on the Site in general. Any unauthorized modification, tampering, or change of any information, any interference with the availability of or access to the Site, or any unauthorized scraping of the Content on the Site is strictly prohibited.
Acceptable Use
You agree that you will:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
Provide accurate information to us and keep it updated; and
Use your real name
You agree that you will not:
Create a false identity, misrepresent your identity, create a profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the content on the Website or otherwise copy data from the Website;
Override any security feature or bypass or circumvent any access controls or use limits of the Website (such as caps on keyword searches or profile views);
Copy, use, disclose or distribute any of Company’s property obtained from the Website, whether directly or through third parties (such as search engines), without the consent of Company;
Violate the intellectual property or other rights of Company, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using our Company name our logos in any business name, email, or URL except as specified in writing from Company;
Transmit anything that contains software viruses, worms, or any other harmful code;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Website or any related technology that is not open source;
Imply or state that you are affiliated with or endorsed by Company without our express written consent;
Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Website or related data or access to the same, without Company’s consent;
Deep-link to our Website for any unauthorized purpose;
Use bots or other automated methods to access the Website;
Monitor the Website’s availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Website;
Overlay or otherwise modify the Website and/or it's content or their appearance (such as by inserting elements into the Website or removing, covering, or obscuring an advertisement included on the Website);
To gather information about others (such as email addresses, personal information);
Mining of data or interference to any host or network;
To perpetrate any type of fraud;
Interfere with the operation of, or place an unreasonable load on, the Website (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
Violate any additional terms of Company’s terms with their Agreements and Policies
Intellectual Property. You understand and acknowledge that the Confidential Information and Intellectual Property has been developed or obtained by Company by the investment of significant time, effort and expense, and that the Confidential Information and Intellectual Property is a valuable, special and unique asset of Company which provides Company with a significant economic value, competitive advantage, and needs to be protected from unauthorized use.
You agree not to copy, derive, reproduce or distribute the Company’s Confidential Information and Intellectual Property in any way.
Company owns Literary Works, Visual Artwork, Motion Pictures, Audiovisual Works, Photographs, Performing Art, Digital Content (the "Authored Work") on the Website. Company retains title and ownership of the Authored Work and derivative works from the Authored Work will be assigned to Company. You agree that the web-based services and content on the Site created and owned by the Company are the property of the Company, including all content related to copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to copy, derive, reproduce or distribute the Company IP in any way.
You shall not acquire any intellectual property rights under this Agreement except the limited right to use as set forth above. You acknowledges that, as between the Company and you, the Confidential Information and all related copyrights and other intellectual property rights, are (and at all times will be after the term of this agreement) the property of the Company, even if suggestions, comments, and/or ideas made by you are incorporated into the property of Company or related materials during the period of this Agreement.
Unauthorized Use. At Company’s sole discretion, if Confidential Information and Company IP has been used (or has mentioned to be used) in an unauthorized manner in violation of this Agreement, the Company shall be entitled to an injunction to restrain you from using Company IP and Confidential Information in whole or in part. The Company shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
The Company may terminate this agreement with you at its sole discretion for unauthorized use of Company’s Confidential Information and Intellectual Property.
Your Email Address
Company does not sell or share your email address to third-parties, except to deliver any services you have requested. Users agree to provide Company, with an up-to-date email address. Unsubscribing from any email list may not necessarily unsubscribe you from other email lists within Company.
Calculators, Analysis Tools, and Advice
The calculators, spreadsheets, and analysis tools found on the Site (“Tools”) are designed to be used for informational and educational purposes only and do not constitute investment or financial advice.
Company recommends that you (a) seek the advice of professional advisors, including financial advisors, before making any type of financial decision, and (b) independently verify any calculation or output obtained from a Tool.
Your use of Tools and Content found on the Site is at your own risk.
The results from Tools and Content presented may not reflect the actual return of your own investments.
Company is not responsible for the consequences of any decisions or actions taken in reliance upon or as a result of the information provided. Furthermore, Company is not responsible for any human or mechanical errors or omissions.
Additionally, Company may offer opportunities to receive coaching or information directly or indirectly from Company’ personnel or independent contractors (“Coaching”).
Coaching is informational in nature.
Company is not engaged in the provision of legal, tax, medical, mental health, or any other advice.
Company does not make, and hereby disclaims, any representations and warranties regarding the content of the Coaching, whether express or implied, including implied warranties of merchantability or fitness for a particular purpose.
You use the advice and information provided in the Coaching at your own risk.
Company hereby disclaims any liability to you for any loss, damage, or cost arising from or related to the Coaching, including, without limitation, the accuracy, appropriateness, quality, or completeness of the information provided in the Coaching, regardless of the cause.
Company IS NOT LIABLE OR RESPONSIBLE TO YOU WITH RESPECT TO ANY LOST PROFITS, LOSS, OR DAMAGE, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE COACHING.
Third-Party
The Site may (a) provide links to other websites operated by third parties or (b) allow you to interact with third party businesses. Company is not responsible for the availability of those websites and does not endorse any third party business except as expressly stated on the Site, and with respect to any businesses endorsed on the Site, Company expressly disclaims all responsibility and liability for any services, products, content, advertising, services, products, or other materials on or available from such third parties. Company IS NOT LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, ADVERTISING, SERVICES, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH THIRD PARTIES OR THEIR WEBSITES.
These Terms do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
Company has financial relationships with some of the companies, products, and services mentioned on the Site and may be compensated if users choose to follow the links pointing to those companies, products, or services. Company may from time to time recommend certain vendors and service providers, including but not limited to vendors and service providers through the Site. Company does not make, and hereby disclaims, any representations and warranties regarding the products or services. Your engagement of a Third Party is solely between you and that person or business and is governed by the terms of the agreement between you and them.
Company IS NOT LIABLE OR RESPONSIBLE TO YOU WITH RESPECT TO ANY LOST PROFITS, LOSS, OR DAMAGE, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY YOUR USE OF A PREFERRED PROVIDER.
User-Generated Content Disclaimer
Our Site may include blogs, forums, comment sections, and other spaces where users and third parties can share information, opinions, or other materials (“User-Generated Content”). This content comes from individuals who are not affiliated with us. We do not create, control, verify, or endorse any User-Generated Content.
While we aim to maintain a respectful and safe environment, we make no promises about the accuracy, reliability, validity, or completeness of any User-Generated Content. The opinions expressed are those of the authors and do not necessarily reflect our own.
No Professional Advice
User-Generated Content may include information about legal, medical, financial, or other professional topics. Such information should not be considered professional advice. You should not rely on any User-Generated Content as a substitute for advice from a qualified professional in the relevant field. You are solely responsible for how you use or rely on User-Generated Content, and you do so entirely at your own risk.
Reliance and Reuse of Information
If you create, share, or distribute content (including tools, analyses, or advice) using your own information or information from other users or third parties within the Site, you are solely responsible for verifying the accuracy, completeness, and appropriateness of that information before use. We are not liable for any errors, omissions, or consequences resulting from the use of inaccurate, outdated, or incomplete information obtained through the Site.
To the fullest extent allowed by law, we are not liable for any loss, damage, or harm arising from your use of, or reliance on, such content.
We reserve the right, but are not obligated, to monitor, edit, or remove any User-Generated Content that we believe violates our Terms of Use or is otherwise harmful.\
Fees and Payments
Users can elect to upgrade their accounts to levels that require payment. By registering for a paid account level, or other subscription service, you agree to pay Company the fees for the services applicable to the account level you choose. Company reserves the right to change the fees at any time, upon notice to you.
All fees are paid in advance and are non-refundable. If you provide us with a payment method that expires during the term of these Terms, we reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay Company in the event of any refusal of your payment method issuer to pay any amount to Company for any reason. You agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance. In the event you fail to pay any reasonable amount when due, Company may immediately suspend or terminate your use of or access to any or all of our services.
Automatic Renewal
Your paid account or subscription will renew automatically, unless you cancel your account or subscription (see Cancellation section below on how to cancel). To avoid the fees for the renewal term being billed to your payment method, you must cancel your account or subscription before the day it renews (the day of the month you are to be charged).
Trial Period Pricing
We may elect to offer free or discounted pricing for use of paid account levels or other subscription services (a "Trial"). If you do not cancel your subscription prior to the expiration of the Trial, then your payment method will be billed for the account or subscription fees stated in the advertising for the Trial. You agree to comply with any additional terms, restrictions, or limitations we impose in connection with any Trial.
You may not sign-up for multiple accounts in order to receive additional benefits under any Trial.
Cancellation
You may cancel your account or subscription at any time by going to our website. Choose the “Sign In” link at the top right of the page. If you cancel before the last day of your current paid month, your cancellation will take effect immediately and you will not be charged again.
Disclaimer
Company makes no representations or warranties with respect to the Site or its Content, or any Tool, Feedback, coaching service, information, product, or service available on or promoted through the Site, including products or services from third-parties. The Site, all Tools, any Feedback, and all Content are provided on an “as is,” “as available” basis, without representations or warranties of any kind. TO THE FULLEST EXTENT PERMITTED BY LAW, Company DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE, OR IN ANY OTHER WAY, WITH RESPECT TO THE SITE, ITS CONTENT, TOOLS, ANY COACHING, INFORMATION, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SITE. Without limiting the generality of the foregoing, Company, its affiliates, and their service providers and licensors disclaim all representations and warranties of the following: (a) title, non-infringement, merchantability and fitness for a particular purpose, (b) security of the Site, (c) that the Content of the Site, Feedback, or any Tools are accurate, complete, or current, or (d) that the Site will operate securely or without interruption or error. Your use of the Site is at your own risk.
We do not represent or warrant that the Site, its servers, or any transmissions sent from us or through the Site will be free of any harmful components (including viruses).
Limitation of Liability
To the fullest extent permitted by applicable laws, we, on behalf of our owners, directors, officers, employees, agents, suppliers, licensors, and service providers, exclude and disclaim liability for any losses and expenses of whatever nature and howsoever arising, including, without limitation, any direct, indirect, general, special, punitive, incidental, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of the Site. You assume total responsibility for establishing such procedures as you consider necessary for data back up and virus checking. This limitation of liability applies whether the alleged liability is based on contract, tort (including negligence), strict liability, or any other basis. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed the amount you paid Company in the two (2) months immediately preceding the event giving rise to the liability.
Indemnification
You shall indemnify, defend, and hold harmless Company, its affiliates, and their respective owners, members, officers, employees, and agents (collectively, the “Indemnified Parties”) from and against any and all claims, demands, suits, proceedings, damages, liabilities, losses, costs, and expenses
(including reasonable attorneys’ fees) arising out of or related to (1) your use of the Site in violation of any applicable law, regulation, or ordinance, (2) any claim that your use infringes, misappropriates, or otherwise violates the rights of any third party, or (3) your breach of these Terms, including your
representations and warranties. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request. However, we may choose for you to assume full control of the defense of any claim subject to indemnification under this Section, including the employment of counsel reasonably acceptable to us, and payment of all expenses. You shall not settle any such claim without our prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed.
Geographic Restrictions
Our Sites and web-based services are intended for access and use within the United States only and comply with applicable United States privacy laws. Our Sites and web-based services are not intended for, or directed to, citizens, domiciles, or residents outside of the United States, including those of the European Union. By accessing our Sites and web-based services, you affirm that you are not a citizen, domicile, or resident of a country outside of the United States, including those of the European Union. If you access the Site from a country other than the United States, your use of the Site is unauthorized and at your own risk.
Text Messaging Services & Communication
We may offer communications via calls, SMS text messages, or similar technology subject to our receiving from you any consents required by applicable law. These communications may be sent or initiated by Company or any of its service providers, such as when we send agents notifications for lead requests submitted to Company through the Site. Message and data rates may apply. Message frequency may vary according to how you interact with our platform. For assistance, text HELP or visit our website. To stop receiving text messages from Company, reply STOP. You agree we may send you a message to confirm our receipt of your STOP request.
You acknowledge and agree that our platform may not recognize and respond to texted unsubscribe requests that do not include the STOP keyword and agree that Company will have no liability for failing to honor such requests. Not all mobile devices may be supported, and text messaging may not be available in all areas. Company and the mobile carriers supported on our platform are not liable for delayed or undelivered text messages, text messages delivered to the wrong number, or inaccurate or incomplete content in a text message. We are not liable for your use or reliance on the content of any text message.
You agree that all information you provide through the Site (including but not limited to your telephone number(s) and other contact information) will be accurate, current, and truthful to the best of your knowledge. You consent to the Company’s use of such information in accordance with our Privacy Policy. If you have any questions about your text plan or data plan, you must contact your wireless provider.
Modification, Discontinuation, and Termination
We reserve the right, at any time and from time-to-time and with or without notice, to modify, edit, delete, suspend, or discontinue, temporarily or permanently, the Site (or any portion thereof) and/or the information, materials, products, and/or services available through the Site (or any part thereof).
You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of the Site. You also agree that Company, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Site for any reason, including, without limitation, for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Site for violation of any provision of these Terms may be effected without prior notice, and you acknowledge and agree that Company may immediately deactivate or delete your account and all related information in your account and/or bar any further use of or access to the Site. Further, you agree that Company shall not be liable to you or any third-party for any termination of your use of or access to the Site. If Company terminates your use of or access to the Site due to a violation of these Terms, Company will not issue any refunds to you but also will not charge your payment method again.
Waiver
Our failure at any time to require immediate performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, Company’s waiver of any breach of any provision of these Terms or of any right provided for herein will not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
Severability
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms will remain in full force and effect.
Governing Law, Jurisdiction, and Venue
These Terms will be governed under the laws of the State of Oklahoma without regard to its conflicts of law provisions. In the event of any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between the Parties, the Parties shall first attempt in good faith to resolve the dispute directly and informally.
The Party asserting the dispute shall provide written notice describing the dispute and the requested resolution.
The Parties shall have thirty (30) calendar days after receipt of the notice to attempt to resolve the dispute.
Voluntary Mediation. At any time before arbitration, the Parties may mutually agree to attempt mediation. Mediation is not required unless both Parties agree in writing.
Terms of Use May Change
These Terms are current as of the effective date set forth above. Company reserves the right to change these Terms from time to time and as it deems necessary, including to be consistent with applicable laws. These changes will be effective as of the date we post the revised version on the Site. Your continued use of the Site after we have posted the revised Terms constitutes your agreement to be bound by the revised Terms. If at any time you choose not to accept the revised Terms, you may not access or use the Site.
Entire Agreement
These Terms, together with our Privacy Policy and any supplemental terms referenced or linked to herein, contain the entire understanding and agreement between you and Company with respect to the Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and Company with respect to the Site and your use of and access to the Site.
Questions
If you have any questions about the Site or these Terms, please contact us using the following contact information: support@economics.solutions
Heights Platform Terms of Service
1.
Introduction
Thank you for visiting our Site and/or using
Heights, an app designed to allow you to build and manage your own online education program. Please
read these Terms of Service and our Privacy Policy carefully, as you must
agree to them as amended in order to have our permission to use our Site
and Service.
2.
Definitions
Throughout this Agreement, we may use
certain words or phrases, and it is important that you understand the
meaning of them. The list is not all-encompassing and no definition
should be considered binding to the point that it renders this Agreement
nonsensical:
“Agreement” means these Terms of
Service;
“App” refers to our Heights app, which provides a platform for creating and managing online education programs;
“Heights” refers to our company, known
as “Velora Studios, LLC”; our Site; our Service; our App; or a combination
of all or some of the preceding definitions, depending on the context in
which the word is used;
“Service” refers to the services that we
provide through our Site, including our Site itself, our education platform creation services, our App, and any other services we may provide online or
offline;
“Site” refers to our website, www.heightsplatform.com;
“User” refers to users of our App, user who pay for our Service, and general visitors to our Site;
“Program” refers to the account created by a User in which they will use our Service and build their education content.
“Student” refers to a person who signs up to use the Program which the User has created;
“You” refers to you, the person who is
entering into this Agreement with Heights.
3. Corporate
Information
Heights is owned and operated by Velora
Studios, LLC, a Limited Liability Company formed and doing business in the
State of Delaware, and registered with the Delaware Department of State’s
Division of Corporations under File Number 4658163. Any legal
documents to be served or other queries should, unless otherwise provided
or required by this Agreement, our Privacy Policy, or any provision of any
applicable law, be sent via certified mail to:
Attn: Velora Studios, LLC
16192 Coastal Highway
Lewes, Delaware 19958
United States
4. Heights’
Purpose
Heights is an online course creation software platform for creating and managing an online education program. We provide tools that help you to create and organize educational content to teach Students and analyze their progress.
5.
Eligibility
In order to use our Service, you must meet a
number of conditions, including but not limited to:
- You must not be in violation of any
embargoes, export controls, or other laws of the United States or other
countries having jurisdiction over this Agreement, Heights, and
yourself. For example, if the Office of Foreign Assets Control
prohibits conducting financial transactions with nationals, residents,
or banks of your country, you must not use our Service.
- You must be at least 13 years of age
in accordance with the Children’s Online Privacy Protection Act.
If you live in a jurisdiction other than the United States and your
jurisdiction has a higher minimum age to use our Site or Service
without parental consent, then you must be at least that
age.
- You must sign up for only one account
(this includes, but is not limited to, a prohibition on repeatedly
signing up for different accounts to take advantage of more than one
free trial offer). An exception can be made at our discretion if you send us an email explaining your business need for a secondary account.
- You must provide us with personal
information, payment information, and other information that we deem
necessary to provide you with our Service.
- You must be authorized by the holder
of any payment method to use their account for the purposes of signing
up for our Service.
6.
Disclaimer
Heights provides its Service on an as-is
basis and, notwithstanding any other statements or examples given on our
Site or elsewhere, makes no representations as to how Heights can be
best used by any specific User or Student. You agree that you bear the sole
responsibility of determining whether the Heights App is suitable for
your use, and that Heights shall not be liable for any losses which
result from the use of our Service.
7. Rules of
Use
Once you have met our eligibility criteria
described above and paid the appropriate fee to Heights as a User, or signed up under a User's Program as a Student, you will be
provided with access to our Service. Although you have met the
preliminary requirements to use our Service, there are certain additional
rules which apply before, during, and subsequent to your registration with
Heights. You must not:
- Violate the laws of the United States,
its states, or any foreign political entity having jurisdiction over
this Agreement, whether or not the foreign political entity is a
country or a subdivision (such as a state or province) or municipality
(such as a city, town, county, or region) of a foreign
country.
- Use Heights for teaching Students about topics that are illegal, unethical, or dangerous.
- Be fraudulent or negligent when making
payments to us (such as by using someone’s credit card without
authorization, or using a card which you know will have the payment
reversed for any reason).
- Infringe on anyone’s intellectual
property rights, defame anyone, impersonate anyone, or otherwise
violate the rights of a third party.
- Hack, crack, phish, SQL inject, or
otherwise compromise, or attempt to compromise the security or integrity of the Heights Site,
Service, App, or its Users’ computers.
- Scrape data or scan the Site, Service, or App.
- Abuse the Service you are provided by using it in such a way that is not intended by Heights or in a way that could impact Heights or its Users in a negative way.
- Do anything else which, at the
discretion of Heights, could harm the safety or legal interests of
Heights or any third party, including but not limited to other
Users or Students.
Fair Use Policy for Unlimited Uploading and Bandwidth:
Generally, we do not limit or impose additional charges for video or data storage (ex: the data stored in your Program for courses, products, text, files, video, audio, and other multimedia content you create), or bandwidth consumption (ex: the data used in order to deliver your files, site pages, and videos to Students).
This policy is subject to fair use: If your aggregate storage usage or bandwidth usage (across every account you control)
is higher than 99% of Users on our App in any calendar month, we may, in our discretion,
charge fees for excessive usage, require you to upgrade to a different plan, or terminate your account(s) upon advance written notice.
Public Community Areas
Users who create a Program may enable certain community discussion areas or channels as publicly visible. By posting any text, images, video, or other content (“User Content”) in these publicly accessible areas, you acknowledge:
- Visibility & Indexing: Your User Content may be viewed without an account and may be indexed by search engines or archived by third parties. Heights cannot control and is not responsible for how third parties may use or further disseminate publicly visible User Content.
- Future Changes in Visibility: A User may switch a channel’s visibility from private to public (or vice versa) at any time. If you post information when a channel is private, and the User later makes it public, that content may become visible to non-logged-in visitors.
- No Expectation of Privacy: You should not share private or sensitive information in any area that may become public. Once publicly visible, Heights makes no guarantee of complete removal from external caches, archives, or search results even if you or the channel owner delete the original post.
- Moderation: Each User (i.e., the owner of the Program) primarily manages moderation of their own community discussions. Heights reserves the right, but not the obligation, to remove or disable access to content that violates this Agreement or applicable law. However, Heights is not liable for how a User chooses to moderate or not moderate their Program’s community posts.
- User Responsibility: You are solely responsible for the content you post. You agree that you have all necessary permissions to share any personal or third-party data, and you will not hold Heights liable for any issues arising from the posting or use of such content.
8. Payment, Billing, and
Refunds
All payments are processed by our third
party payment processor, Stripe, and payment may be made to them by Visa,
MasterCard, American Express, JCB, Discover, and Diners Club cards.
All prices on our Site, unless otherwise stated, are listed in United
States dollars.
We may decide to apply varying payment plans
from time to time. For example, we may require that you pay one lump
sum for the purchase of our App, or we may rebill you on a recurring
subscription basis. In either case, payment terms and, if applicable,
rebilling periods shall be posted on our Site and are hereby incorporated
into this Agreement by reference. If two or more listed payment terms
conflict with each other, the one most beneficial to Heights shall take
precedence.
You may cancel your subscription at any
time. Refunds will be provided in full within the first thirty days
of your subscription if for any reason you are not satisfied with our
Service and notify us of your request for a refund within that time.
After thirty days beyond your initial purchase, we will not be obliged to
provide any refund, even on a pro rata basis. You may cancel your
Service at any time after the initial thirty days and you will continue to
have access to our Service until the end of the most recently paid
subscription period, if applicable.
Should payment plans change or increase
after an initial subscription, current Users will either have the option of
staying on their current plan or may be grandfathered into the new
subscription plan at their current subscription plan’s rate for a period of
one year.
Active Student limits on subscription plans for accounts created on or after January 1st, 2023:
An "Active Student" is a Student in a User's Program who is currently able to login, access at least one product, and is not marked by you as "deactivated". Heights does not set a hard limit on the number of active students that are allowed on our paid subscription plans. The following overages are allowed:
- Overage of up to 10% above the plan limit for a single month on plans offering 5000 active students or more.
- Overage of up to 50 students above the limit for a single month on plans with limits of 100 active students.
An overage of 5% or more above the plan limit for 2 consecutive months will be required to upgrade.
Active Student limits on subscription plans for accounts on legacy plans created before January 1st, 2023:
An "Active Student" is a Student in a User's Program who has logged into the Program in the past 30 days. Heights does not set a hard limit on the number of active students that are allowed on our paid subscription plans. The following overages are allowed:
- Overage of up to 15% above the plan limit for a single month on plans offering 1000 active students or more.
- Overage of up to 50 students above the limit for a single month on plans with limits of less than 1000 active students.
An overage of 5% or more above the plan limit for 2 consecutive months will be required to upgrade.
9.
Discounts
Heights may, but is not obligated to,
provide discounts, including but not limited to an initial thirty day free
trial offer for the use of our Service. The discounts provided will
be made according to the information published on our Site, and if any
information is conflicting, the terms most beneficial to Heights shall
take effect. Discounts may not be applied to past
payments.
Heights may refuse to provide such
discounts for any reason including, but not limited to, fraud, unauthorized
accounts (such as multiple accounts being used to take advantage of a
one-time offer repeatedly), mistake on the part of our publication of
information, actual or expected financial hardship, sale of all or part of
our business, or any other reason.
10. Chargebacks, Credit Card
Cancellations, and PayPal Disputes
Where a User provides payment to Heights, and that amount of money is subsequently taken from Heights due
to a chargeback or similar reversal, Heights shall be entitled to
recover that amount from the User as liquidated damages, as well as our
reasonable attorneys’ fees, court costs and disbursements, and/or
collection agency fees required to collect these liquidated
damages.
Please note that this restriction on
chargebacks is designed to prevent fraud and keep our costs low, which
allows us to offer lower prices for our Service. Users may of course
bring disputes against us in accordance with the “Forum of Dispute”
provisions found further below.
As a User of our App, if a Student requests a refund from you, it is your responsibility to handle
this with your Student. Heights does not collect payments from your Students. Heights is not a Merchant of Record platform. Any disputes of
Student payments are between the Student, User, and the third-party payment processor the User
chooses to use. As a User with Students, it is your responsibility to have your own terms,
privacy policy, and refund policy in place and follow all applicable laws. Further, while
Heights provides email support to its Users, Heights does not offer email support to the
Students of its Users.
11. Third Party
Charges
Because Heights may be used with a
mobile device, certain third party SMS charges, data charges, and other
fees may be applied in relation to your use of our Service. You agree
that you are responsible for tracking and paying these charges, and that
Heights shall not be liable to you for such charges.
12. Limited
License
Heights is provided as licensed software
to you. When you provide the proper payment to us or otherwise meet
the requirements to use our App (such as by being eligible for a trial
offer), you are authorized to use one account for our software at the
price given. You may not distribute this software, copy it, reverse
engineer it, or otherwise tamper with it or reproduce it. Heights
reserves the right to revoke our license for our App’s use at any
time.
13. Server Maintenance and
Other Downtime
At time, Heights may have server
downtime or other Service outages for reasons including, but not limited
to, server maintenance, legal compliance, security issues, or other
business operations. You agree that we are not liable for any losses
incurred by you as a result of such downtime, and that you should have a
backup plan in place if you are relying on our Service for any purpose
which could cause a loss to you if our Service became
unavailable.
14. Our
Copyright
Heights expended much effort on
developing its App and ensuring that it is unique from other Apps.
Copying our App or any portion thereof could, in addition to being
prohibited generally by intellectual property law, harm our business.
You agree not to copy, distribute, display, disseminate, or otherwise
reproduce any of the information on the Site, including our App, without
receiving our prior written permission.
15. Your
Copyright
Heights must be assured that it has the
right to use the content that is uploaded using its App. Such content
may include, but is not limited to, arrangements of data by Users in which
a copyright subsides. Whenever submitting content to us through our
App, you agree that you are granting us a non-exclusive, universal,
perpetual, irrevocable, sublicensable, commercial and non-commercial right
to use the content that you submit to us for the purpose of providing you
with our Service. You warrant to us that you have the right to grant
us this right over the content, and that you will indemnify us for any loss
resulting from a breach of this warranty and defend us against claims
regarding the same.
16. Trademarks and Service
Marks
“HEIGHTS”, “Heights Platform”, the Heights Platform logo icon, “Velora,” “Velora Studios,” and the Velora
Studios icon are registered trademarks used by us, Velora Studios, LLC, to
uniquely identify our Site, Service, and business. Additionally, the
service mark “Climb Above” and the service mark “Creator Climb” are an unregistered trademarks protected generally
by the provisions of the Lanham Act, as well as various status prohibiting
unfair competition and the common law tort of passing off. You agree
not to use our marks anywhere without our prior written consent.
Additionally, you agree not to use our trade dress, or copy the look and
feel of our Site, App, or their design, without our prior written
consent. You agree that this paragraph goes beyond the governing law
on intellectual property law, and includes prohibitions on any competition
that violates the provisions of this paragraph, including starting your own
App or other directly or indirectly competing business.
17. Revocation of
Consent
We may revoke our consent for your use of
our intellectual property, or any other permission granted to you under
this Agreement, at any time. You agree that if we so request, you
must take immediate action to remove any usage of our intellectual property
that you may have engaged in, even if it would cause a loss to
you.
18. Copyright & Trademark
Infringement
Users must not post any information that
infringes on anyone’s copyright. We take copyright infringement very
seriously, and we have registered a Copyright Agent with the United States
Copyright Office, which limits our liability under the Digital Millennium
Copyright Act. If you believe that your copyright has been infringed,
please send us a message which contains:
- Your name.
- The name of the party whose copyright
has been infringed, if different from your name.
- The name and description of the work
that is being infringed.
- The location on our website of the
infringing copy.
- A statement that you have a good faith
belief that use of the copyrighted work described above is not
authorized by the copyright owner (or by a third party who is legally
entitled to do so on behalf of the copyright owner) and is not
otherwise permitted by law.
- A statement that you swear, under
penalty of perjury, that the information contained in this notification
is accurate and that you are the copyright owner or have an exclusive
right in law to bring infringement proceedings with respect to its
use.
You must sign this notification and send it
to our Copyright Agent at support@heightsplatform.com. Since we request
notification by e-mail, an electronic signature is acceptable.
Although U.S. law does not provide for a similar procedure for trademark
infringement, we recommend that you send us similar information to that
above in regards to any allegation of trademark infringement, and we will
address it as soon as practicable.
19. Representations &
Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS
TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR
PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT
WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT
OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR
SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE
LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE
TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR
LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY
WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING
BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT,
DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER
ACTIONABLE CONDUCT TOWARDS YOU.
WE ARE NOT RESPONSIBLE FOR ANY MISUSE OF OUR
APP, AND YOU AGREE THAT YOU ARE RESPONSIBLE FOR DETERMINING THE SUITABILITY
OF OUR APP AS IT APPLIES TO YOU.
WE ARE NOT RESPONSIBLE FOR ANY LOSSES WHICH
RESULT FROM SERVER DOWNTIME OR OTHER TECHNICAL ISSUES.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON
THE PART OF OUR PAYMENT PROCESSOR TO PROCESS YOUR PAYMENTS PROPERLY, AND
YOU SHOULD CONTACT THEM AND/OR YOUR CARD COMPANY DIRECTLY TO SOLVE ANY
PAYMENT ISSUES WHICH YOU MAY HAVE.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE
GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES
OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR
UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE
TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS
CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS
AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS &
WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST
PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow
us to limit our liability: Notwithstanding
any provision of these Terms, if your jurisdiction has provisions specific
to waiver or liability that conflict with the above then our liability is
limited to the smallest extent possible by law. Specifically, in
those jurisdictions not allowed, we do not disclaim liability for: (a)
death or personal injury caused by its negligence or that of any of its
officers, employees or agents; or (b) fraudulent misrepresentation; or (c)
any liability which it is not lawful to exclude either now or in the
future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT
REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING
APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF
THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION
1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME
OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE
THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY
SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR
EFFECT AS THE AFOREMENTIONED RELEASE.
20.
Indemnity
You agree to indemnify and hold us harmless
for any claims by you or any third party which may arise from or relate to
this Agreement or the provision of our service to you, including any
damages caused by your use of our website or acceptance of the offers
contained on it. You also agree that you have a duty to defend us
against such claims and we may require you to pay for an attorney(s) of our
choice in such cases. You agree that this indemnity extends to
requiring you to pay for our reasonable attorneys’ fees, court costs, and
disbursements. In the event of a claim such as one described in this
paragraph, we may elect to settle with the party/parties making the claim,
and you shall be liable for the damages as though we had proceeded with a
trial.
Heights provides an App to its Users as a service. Heights is not a marketplace, and is not
responsible for any interactions between its Users and their Students.
21. Choice of
Law
This Agreement shall be governed by the laws
in force in the State of Texas. The offer and acceptance of
this contract are deemed to have occurred in the State of
Texas.
22. Forum of
Dispute
You agree that any dispute arising from or
relating to this Agreement will be heard solely by a court of competent
jurisdiction in the State of Texas. Specifically, where the
subject matter of a dispute is eligible for it, you agree that any disputes
shall be heard solely within the lowest court of competent jurisdiction
having the authority to hear civil matters in the State of Texas
(“Small Claims Court”).
If a dispute claims multiple claims and one
or more of those claims would be eligible to be heard by the Small Claims
Court, you agree not to bring the other claims against us and to instead
proceed within the Small Claims Court.
If you would be entitled in a dispute to an
amount exceeding the monetary jurisdiction of the Small Claims Court, you
agree to waive your right to collect any damages in excess of the monetary
jurisdiction and instead still bring your claim within the Small Claims
Court.
You agree that if a dispute is eligible to
be heard in Small Claims Court but you would be entitled to an additional
or alternative remedy in a higher court, such as injunctive relief, you
will waive your right to that remedy and still bring the dispute within the
Small Claims Court.
If you bring a dispute in a manner other
than in accordance with this section, you agree that we may move to have it
dismissed, and that you will be responsible for our reasonable attorneys’
fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any
dispute arising from or relating to this Agreement will be responsible for
the reimbursement of the successful party’s reasonable attorneys’ fees,
court costs, and disbursements.
If for any reason the provisions in this
section as to the proper forum of dispute are found to be unenforceable and
another state may have jurisdiction over such disputes, you agree that this
section shall apply as analogously as possible in that other state,
including but not limited to the requirement that the dispute be brought in
that state’s small claims court.
23. Force
Majeure
You agree that we are not responsible to you
for anything that we may otherwise be responsible for, if it is the result
of events beyond our control, including, but not limited to, acts of God,
war, insurrection, riots, terrorism, crime, labor shortages (including
lawful and unlawful strikes), embargoes, postal disruption, communication
disruption, unavailability of payment processors, failure or shortage of
infrastructure, shortage of materials, or any other event beyond our
control.
24.
Severability
In the event that a provision of this
Agreement is found to be unlawful, conflicting with another provision of
the Agreement, or otherwise unenforceable, the Agreement will remain in
force as though it had been entered into without that unenforceable
provision being included in it.
If two or more provisions of this Agreement
are deemed to conflict with each other’s operation, Heights shall have
the sole right to elect which provision remains in force.
25.
Non-Waiver
Heights reserves all rights afforded to
us under this Agreement as well as under the provisions of any applicable
law. Our non-enforcement of any particular provision or provisions of
this Agreement or the any applicable law should not be construed as our
waiver of the right to enforce that same provision under the same or
different circumstances at any time in the future.
26. Termination &
Cancellation
We may terminate your account or access as
well as access to our Site and Service to you at our discretion without
explanation, though we will strive to provide a timely explanation in most
cases. Our liability for refunding you, if you have paid anything to
us, will be limited to the amount you paid for goods or services which have
not yet been and will not be delivered, except in cases where the
termination or cancellation was due to your breach of this Agreement, in
which case you agree that we are not required to provide any refund or
other compensation whatsoever.
27. Assignment of
Rights
You may not assign your rights and/or
obligations under this Agreement to any other party without our prior
written consent. We may assign our rights and/or obligations under
this Agreement to any other party at our discretion.
28.
Amendments
We may amend this Agreement from time to
time. When we amend this Agreement, we will post the changes
here. You must read this page every time you access our Site or
Service, and if you do not agree to any changes, you must cease using our
Site and Service immediately and inform us of your non-agreement with
sufficient information to identify your account at support@heightsplatform.com so that we may disable your
account.
29. Data Processing Agreement (DPA)
If you are subject to the GDPR, UK GDPR, or Swiss data protection law and Heights processes Personal Data on your behalf as a processor, you may request
our Data Processing Agreement (including the EU Standard Contractual Clauses and, where applicable, the UK Addendum and Swiss transfer terms) by contacting
us at support@heightsplatform.com.
30. California Users and
Residents
Pursuant to California Civil Code Section
1789.3, any questions about pricing, complaints, or inquiries about Heights must be sent to support@heightsplatform.com.
Lastly, California users are also entitled
to the following specific consumer rights notice: The Complaint Assistance
Unit of the Division of Consumer Services of the California Department of
Consumer Affairs may be contacted in writing at 1625 North Market Blvd.,
Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800)
952-5210.
Last Modified: Feb 2,
2026
