Last Modified: June 2021
This Website is offered and available to users who are [13/18] years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all orany part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to youraccessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: firstname.lastname@example.org.
The Company name, the terms BIPOC Design History, Polymode, Polymode East, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the siteor interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of theWebsite, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards[, LIST ANY OTHER INTERACTIVE FEATURES], and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material [for any purpose/according to your account settings].
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY [AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS] FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY [THE COMPANY/ANY OF THE FOREGOING PARTIES] DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER [THE COMPANY/SUCH PARTIES] OR LAW ENFORCEMENT AUTHORITIES.
However, we [cannot/do not undertake to] review [all] material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing,violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy [LINK TO COPYRIGHT POLICY] for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by youor any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you orany third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time,and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part [without our express [written] consent]. This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us[,/ and] solely with respect to the content they are displayed with[,] [and otherwise in accordance with any additional terms and conditions we provide with respect to such features]. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links areprovided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of North Carolina in the United States. We provide this Website for use primarily by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the website, its content, and any services or items obtained through the website is at your own risk. The website, its content, and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the company nor any person associated with the company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the website. Without limiting the foregoing, neither the company nor anyone associated with the company represents or warrants that the website, its content, or any services or items obtained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtainedthrough the website will otherwise meet your needs or expectations.
To the fullest extent provided by law, the company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties ofmerchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation on liability
To the fullest extent provided by law, in no event will the company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of anykind, under any legal theory, arising out of or in connection with your use, or inability to use, thewebsite, any websites linked to it, any content on the website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Course Terms and Conditions
All terms and conditions outlined below apply to all registrations onto our online courses.
You will need sufficient fluency in the language in which the Online Course is presented.
2. Payment / Registration
The fee for the Online Course (the “Fee”) must be paid in full at the time of registration. Registration is not complete until BIPOC Design History has received such full payment of the Fee. You are responsible for non-payment, even if the Fee is being paid by a third party. After successful registration, you will receive an e-mail from BIPOC Design History acknowledging your enrollment in the Online Course.The Fee consists of a registration fee and tuition fees. Courses will be billed in United States Dollars (USD). Accepted payment methods are PayPal, and Major Credit Cards via Stripe Payment.
You agree to provide accurate and complete registration information. Submission of your registration, alongside full payment of the Fee constitute your acceptance of these Terms and Conditions.
3. Cancellations and Refunds
Within 14 days, You have the right to cancel your registration with BIPOC Design History at any time before 5 days of the commencement of the Online Course. You will receive a full refund of any payments you have made.
If you choose an Online Course that is due to commence within 14 days of purchase and then wish to cancel after your Online Course has started, you will be required to pay for any part of your Online Course that has taken place before you give notice of cancellation. This amount will be calculated by BIPOC Design History on a pro rata basis. To cancel within 14 days please inform us in writing, either by email to the email@example.com. Please write the name of your Online Course in the subject-line of your email. You may use the cancellation form provided below if you wish, but you are not obliged to do so.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract/for the provision of the following service [INSERT COURSE DETAILS]
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
This cancellation right is provided to you in line with the Consumer Rights Directive (2011/83/EU) but applies regardless of whether you are a buyer located in the EU, acting as a consumer and not for business purposes.After 14 daysIf you cancel your registration in an Online Course at any time after expiry of the 14 day period you will not be entitled to a refund, except in exceptional circumstances, at the discretion of BIPOC Design History. If a refund is granted to you, an administration fee may be charged.
To cancel after 14 days, please inform us in writing, either by email to the firstname.lastname@example.org or by mail in to: BIPOC Design History, 423 W Ellis Ave, Inglewood, CA 90302, United States.
Please write the name of your course in the subject-line of your email or on the envelope.Cancellation by usBIPOC Design History reserves the right to cancel the Online Course by giving you notice in writing (including by email) at any time before the course is due to start. BIPOC Design History will refund all fees paid by you and if possible, will endeavour to offer a transfer to another course as an alternative, subject to payment or refund of any difference in purchase price.BIPOC Design History’s liability when it cancels an Online Course will be limited to a refund of the Fee or any other charges paid for the cancelled Online Course. For partial cancellation of an Online Course, such refunds will be made on a proportionate basis.
All dates are subject to change, however notice of such change will be given and refunds will not be issued for any rescheduled class. Please call us on +1 212 355 1501 to arrange your refund under this paragraph.
You should allow up to 6 weeks for the credit to appear on your credit card statement.
4. Course Content
The course description is intended to indicate only the general nature of the course and does not guarantee content. BIPOC Design History reserves the right to amend the course and alter details at its discretion.BIPOC Design History is not responsible if you fail to meet the Online Course requirements and you should ensure that you allocate sufficient time to allow you to successfully complete the Online Course. Refunds are only available as set out in paragraph 3 above.
5. Student Conduct
By continuing to access or use the Online Course and the website (the “Website”), or any content located via the Online Course and/or on the Website, you signify your acceptance of the below terms. BIPOC Design History may modify these terms and conditions from time to time.BIPOC Design History grants you a limited license to access and use the content located via the Online Course and/or on the Website in connection with the Online Course you are enrolled in. As a condition of such license, you agree that:
•All materials – including but not limited to text, photographs, video, audio, images and any other content – appearing via the Online Course and/or on the Website are protected by copyrights and/or other proprietary rights belonging to Polymode and/or other third parties. You agree to abide by all applicable laws regarding copyrights, trademarks, publicity rights and privacy rights in the US, UK and any other jurisdiction from which you are accessing the Website.
•You may not copy, reproduce, duplicate, distribute, disseminate, publish, post, display, perform, modify, create derivative works from, upload to, transmit, or in any way exploit any content from the Online Course and/or on the Website. You may not sell or offer for sale any of the content, or allow third parties to access it, or use such content to construct any kind of database. You may use the content from the Online Course and/or on the Website only for personal, non-commercial use.•Any violation of these terms may result in your expulsion from the Online Course and/or BIPOC Design History, and you may be subjected to fines and penalties.You agree to maintain the security of any user name and password required for accessing the Online Course.
6. Data Protection
By registering with BIPOC Design History and by paying the fees, you agree to BIPOC Design History collecting and using your personal data. When a student takes a class on BIPOC Design History, we will share the student’s username and profile with the teacher for the purpose of teaching these students on BIPOC Design History. By enrolling in a class on BIPOC Design History, a student grants to us permission to share that student’s information with the teacher. The teacher is required to respect the privacy of the student. The teacher has a limited license to use this information only for BIPOC Design History-related communications or for BIPOC Design History-facilitated transactions. The teacher may use that personal information for no other purpose, such as sending unsolicited commercial messages or unauthorized transactions. Without express consent from that person, you must not add any BIPOC Design History misuse any student’s personal information. Remember that you need to comply with all relevant legal rules when you use BIPOC Design History. This include applicable data protection and privacy laws which govern the ways in which you can use another BIPOC Design History user’s information.
7. Technology Requirements
The Online Course is facilitated through an online learning management system. It is your responsibility to ensure that you have the proper hardware and software requirements, along with access to Wi-Fi, to be able to participate in the course. You will need to ensure you have the proper technology at the time of registration as will be provided with the registration details. You are also able to view the recording later at your leisure. Polymode is not be responsible for any errors or failures in relation to your ability to access the Online Course, the Website or any related materials, including where such errors or failures are caused by: (i) a loss of connection on Polymode or your end; (ii) a breakdown or problems with the online software and/or (iii) a breakdown or problems with your internet connection, computer or system.
Your contract with BIPOC Design History and any dispute arising from it (including non-contractual disputes) shall be governed by and enforced pursuant to the laws of the State of California, without regard to conflicts of law. The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. Any dispute, controversy or claim arising out of, relating to, or in connection with these Terms and Conditions or the breach, termination, interpretation or validity thereof (the “Dispute”) shall be submitted for mediation administered in accordance with the American Arbitration Association’s International Center for Dispute Resolution or its successor (“ICDR”), in accordance with its Mediation Rules.
If the Dispute, or any portion of the Dispute, is not settled within 60 days from the date when mediation is initiated, then, except in the circumstances specified below, the Dispute shall be submitted for binding arbitration administered by ICDR in accordance with its International Arbitration Rules. The arbitration shall be final and binding on all parties involved. Judgment upon the award may be entered by, and enforcement of the award may be sought in any court having jurisdiction over the relevant party or its assets. The place of any mediation or arbitration shall be the state of California, and the language of any mediation or arbitration shall be English.
Despite these provisions, we may bring proceedings against you in any court having jurisdiction over the matter, in the event that you fail to make payment to us in full cleared funds when due, or you or assets belonging to you are located in a jurisdiction that is not a signatory to the Convention. If we bring court proceedings against you, the Dispute shall be resolved in such proceedings, neither of us shall have the right to arbitrate any portion of the Dispute. WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY.
Should a situation arise that is not covered by these Terms and Conditions, BIPOC Design History reserves the right to take any reasonable and fair action that we think appropriate.