Website Terms and Conditions of Use

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Last Updated June 20, 2022

This document (together with the documents referred to in it) constitutes the terms and conditions for the website https://www.joltdlp.com, including all related JOLT Digital Learning Partners’ websites (“Site”) and the terms and conditions (“Terms of Use”) on which you may make use of the Site, whether as a guest or as a member/account holder in respect of the Site.

The Site is wholly owned and operated by, or on behalf of, JOLT Digital Learning Partners, LLC, together with its subsidiaries (collectively referred to hereinafter as “JOLTDLP,” “we”, “us”, or “our”). Our full details, together with contact information, are set out below. It is important to remember that by using the Site and any of the products, services, or other sites available via the Site, you agree to be bound by and act in accordance with these terms and conditions (“Terms of Use”) without limitations or qualifications. If you do not wish to be bound by these Terms of Use, you should not access or use the Site.

Copyrights and Trademarks

All copyrights and any other intellectual property rights in the contents of the Site, including but not limited to the design, text, graphics, software, and other materials (“Materials”) contained therein and their arrangement are owned exclusively by JOLTDLP and its licensors.

The Site and all Materials provided via the Site, including but not limited to graphic images, audio, video, html code, buttons, text, and course materials may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our prior written consent. However, you may download, display, and print one (1) copy of such Materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the Materials in any way, and you keep intact all copyright, Trademark and other proprietary notices.

Unless otherwise specified, the trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered or unregistered Trademarks of JOLTDLP, its licensors or customers. You agree that you will not refer to or attribute any information to JOLTDLP, its licensors or customers in any public medium (e.g., press release, websites, etc.) for advertising or promotion purposes or for the purpose of informing or influencing any third party. You also agree not to use or reproduce any Trademark of or imply any endorsement by or relationship with JOLTDLP, its licensors or customers.

If you are found at any time to be in breach of these Terms of Use, your right to use the Site will cease immediately, and you must, at our option, return or destroy copies of any Materials you have made.

Infringement

Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. JOLTDLP prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. You agree that you will not use the Site to infringe upon the copyright rights and/or other intellectual property rights of JOLTDLP or others in any way.

Use of the Site

This Site and any services or Materials accessible via the Site is provided as is. We make no representation or warranty of any kind with respect to the Site or any site, service, or Materials available through the Site, and we explicitly disclaim all warranties of any kind, whether expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event will we be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including but not limited to lost profits, business interruption or loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability or otherwise arising out of or in connection with the Site, any Materials on or accessed through the Site or any site or service linked thereto, or any copying, displaying, or use thereof. Your statutory rights are not affected by this disclaimer.

The Internet has inherited dangers; we take reasonable measures to ensure a fast, reliable, and secure service. However, we will not be responsible for the compatibility of the Site with your computer system, software and/or hardware. Likewise, we will not be held responsible for any damage, loss or corruption of any data, information, material, or viruses that may infect your computer equipment or other property due to your use of the Site, or to your downloading of any Materials posted on the Site, or on any web site linked to the Site.

Access to the Site is permitted on a temporary basis. We reserve the right to terminate or make modifications to any Materials or services that we provide through the Site (or any part thereof) without notice. We will not be liable if for any reason the Site (or any part thereof) is unavailable at any time or for any period.

Occasionally, we may need to maintain the software and other equipment that runs the Site. During these times, you may not be able to access the Site, or the Site may be slower than normal.

You are responsible for making all arrangements necessary for you to have access to the Site and for ensuring that all persons who access the Site through your internet connection are aware of and comply with these Terms of Use.

We make no promises of any kind about the suitability, reliability, timeliness, and accuracy of the services offered or Materials posted on the Site for any purpose.

From time to time, you may be asked to register your details with us in order to receive products or services or to enter contests. When you do, additional terms and conditions may apply.

Accuracy

While every effort is made to ensure that the Materials contained on the Site are correct, no warranties (express or implied) are made by us as to the nature or accuracy of any such Materials. Accordingly, we disclaim all liability and responsibility arising from any reliance placed on such Materials by any visitor to the Site or by anyone who may be informed of any of its contents to the extent permitted by applicable law.

We may make changes to the Materials contained on the Site at any time without notice. However, we are not obliged to update the Site’s Materials, and although we aim to keep the Site as up to date as possible, Materials on the Site may be out of date at any given time.

Misuse of the Site

You may only use the Site for lawful purposes.

You must not misuse or in any way attempt to damage the Site (or any part of it), including but not limited to: by knowingly introducing viruses, Trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site (or any part of it), the server on which the Site is stored, or any server, computer, or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

By breaching the above provisions, you would commit a criminal offense under applicable law. We will report any such breach to the relevant law enforcement authorities and cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

Prohibited Uses

The following are prohibited uses of the System under this Policy. These descriptions are guidelines and are not intended to be exhaustive or comprehensive in nature.

Illegal/Criminal Activity

The System may not be used in connection with any activity that would violate applicable state, provincial, federal, or international civil or criminal laws, regulations, or other government requirements. Such violations include but are not limited to theft or infringement of copyrights, trademarks, trade secrets, or intellectual property of any type; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.

Threats

The System may not be used to transmit materials of a threatening nature, including but not limited to threats of death or physical harm, harassment, embarrassment, libel, or defamation.

Offensive Materials

The System may not be used for the distribution of offensive messages or materials, including obscene, pornographic, vulgar, indecent, fraudulent, deceptive, or hateful materials. It is also a violation of this Policy to continue to send emails to a recipient who has indicated that he/she does not wish to receive a communication from the sender.

Spam

Spam is an unacceptable use of the System. Spam includes but is not limited to any of the following activities:

• Posting a message, or messages similar in content, to more than five online forums or newsgroups.
• Posting messages to online forums or newsgroups that violate rules of the forums or newsgroups.
• Collecting the responses from unsolicited email.
• Sending any unsolicited email that could be expected, in JOLTDLP’s discretion, to provoke complaints.
• Sending email with charity requests, petitions for signatures, or any chain-mail related materials.
• Sending unsolicited email without identifying in the email a clear and easy means to be excluded from receiving additional email from the originator of the email.
• Sending email that does not accurately identify the sender, the sender’s return address, and the email address of origin.
• Using System resources to violate an Internet Service Provider’s acceptable use policy or terms of service.

Security of the System

Any breach of, or attempt to breach, the security of the System is a violation of this Policy and may result in criminal and/or civil liability. JOLTDLP will cooperate with law enforcement agencies in any investigation or prosecution of security breaches. The following are examples of breaches of the security of the System:

• Logging into a server or account that you are not authorized to access.
• Accessing data or taking any action to obtain services not intended for you or your use.
• Attempting to probe, scan, or test the vulnerability of any aspect of the System.
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization.
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting, or otherwise impairing a computer’s functionality or the operation of the System.
• Interfering with, intercepting, or expropriating any system, data, or information.
• Interfering with service to any user, host, or network, including, without limitation, by means of overloading, “flooding”, “mailbombing”, or “crashing” any computer system.

Indirect Access

A violation of this Policy by someone having only indirect access to the System through a customer or other user will be considered a violation by the customer or other user, whether or not with the knowledge or consent of the customer or other user. In addition, this Policy applies to any email or content transmitted by or on behalf of a customer or user who uses a JOLTDLP account as a mailbox for responses or promotes content hosted or transmitted using JOLTDLP equipment or systems, or who indicates in any way that JOLTDLP was involved in the transmission of such email or content.

Consequences

Violations of this Policy may result in a demand for immediate removal of offending material; immediate, temporary, or permanent filtering; blocked access; suspension or termination of service; or other action appropriate to the violation, as determined by JOLTDLP at its sole discretion. When feasible, it is JOLTDLP’s preference to give notice so that violations may be addressed voluntarily; however, JOLTDLP reserves the right to act without notice when necessary, as determined by JOLTDLP at its sole discretion. JOLTDLP may involve and will cooperate with law enforcement if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of this Policy.

No Obligations of Confidentiality

Unless expressly stated otherwise herein, any information submitted by you through the Site shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information that you consider confidential.

ALL UPLOADS BY YOU TO THE SITE, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK, AND JOLTDLP TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF THIS SITE.

Framing/Linking

Any framing of or linking to the Site is prohibited without our prior written permission, and such permission would only be given on conditions as we see fit under the circumstances.

Updates to these Terms of Use

These Terms of Use may be amended, updated, or modified by us from time to time. You agree to remain bound at all times by these Terms of Use as amended, updated, or modified in connection with your use of the Site or any site or service accessible via the Site.

The current version of these Terms of Use will always be available at our website, www.joltdlp.com, by clicking on the appropriate link, which is included on the bottom of each web page comprising the Site.

Compliance with Laws

You are responsible for complying with the laws of the jurisdiction from which you are accessing the Site, and you agree not to access or use the information on the Site in violation of such laws.

Miscellaneous

We reserve the right to monitor and track your visits to the Site.

Our use of your personal information is subject to our Privacy Policy. By using the Site, you consent to such use and warrant that all data provided by you is accurate.

A failure or delay by us in enforcing compliance with these Terms of Use shall not be a waiver of that or any other provision of these Terms of Use.

These Terms of Use constitute the entire agreement between you and us as to your use of the Site and shall supersede any prior agreement or representation in respect thereof.

The express provisions of these Terms of Use are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing, or otherwise, all of which are excluded to the fullest extent permitted by law.

JOLTDLP retains the right to modify the Terms of Use at any time, effective upon posting the modified Terms of Use to this website.

All notices to be given by us to you in connection with these Terms of Use shall be sufficiently given when posted on the Site, forwarded to you via the email address you have provided to us, or by updating these Terms of Use, which will be available to you when you click on the link included on the bottom of each web page comprising the Site.

We maintain the Site in the United States, and you agree that these Terms of Use and any legal action or proceeding relating to this site shall be governed by the laws of the State of Florida without reference to its choice of law rules. If you attempt to bring any legal proceedings against us, you specifically acknowledge that we are free to choose the jurisdiction of our preference as to where such action against us may be held. As you have agreed by using the Site to choose Florida law to govern any such proceedings, we will probably choose to defend any such action in the courts located in Orange County, Florida, and we can make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited the Site.

If you have any queries in connection with these Terms of Use, or if you should feel the need to address a complaint to us in connection with the Site or the provision of any services provided by us to you, please send the same to Legal@joltdlp.com

QUESTIONS AND SUGGESTIONS.

If you have questions, suggestions, or wish to make a complaint, please complete a feedback form or you can contact us at:

JOLT Digital Learning Partners

5401 S. Kirkman Rd, Suite 310

Orlando, FL 32819

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