We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of August 21, 2020.
Description of Service
The WIZDM Service allows students to share ideas and participate in classes that they are interested in taking, and allows teachers and mentors to find students interested in taking their classes.
We reserve the right to refuse to provide the Service to any person for any reason and to discontinue the Service in whole or in part at any time, with or without prior notice.
Copyright, Licenses and User Submissions
The entire contents of the Service are protected by United States (“U.S.”) and international copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are the 7 Schwartz Brothers Leadership Trust, WIZDM, its affiliates and/or other third party licensors. YOU MAY NOT MODIFY, TRANSLATE, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE WITHOUT EXPRESS PRIOR WRITTEN CONSENT FROM WIZDM. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material with anyone else who has not also been granted a license for that material.
If you translated and/or modified, in any manner, any of the material on the Service and/or related to the Service, including text, graphics, code and/or software, WIZDM shall have sole ownership of such modified and/or translated material and shall have the right to use such modified and/or translated material in any way it deems appropriate.
Any individual, entity, or group (“Holder”) that enters into any affiliation, partnership, relationship, or use of the Service which involves the use of Holder’s intellectual property, including but not limited to Holder’s logos, trademarks, copyrights, proprietary information, or indicia of identity (“Holder’s Intellectual Property”), in combination with the Service grants WIZDM a non-exclusive, royalty-free, worldwide, perpetual license to Holder’s Intellectual Property, with the right to sub-license, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform Holder’s Intellectual Property. Holder also grants to WIZDM the right to use Holder’s name in connection with the Service and other information as well as in connection with all advertising, marketing and promotional material related thereto. Holder agrees that it shall have no recourse against WIZDM for any alleged or actual infringement or misappropriation of any proprietary right in Holders Intellectual Property as related to its use in conjunction with the Service. Holder further represents and warrant that Holder owns or has the necessary licenses, rights, consents and permissions to Holder’s Intellectual Property (and all content included therein), including the right to authorize WIZDM to use Holder’s Intellectual Property in the manner contemplated by the Service and these Terms of Service. Holder further agrees that it shall be Holder’s sole responsibility to verify and/or confirm any information contained in Holder’s Intellectual Property prior to using it or relying on it, in connection with the Service.
You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by WIZDM in writing. You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by WIZDM in writing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of WIZDM or its affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing the WIZDM name or trademarks without the express written consent of WIZDM.
Content submitted by users for inclusion on the Service (including, without limitation, any information submitted on message boards, forums or other public areas of the Service) is sometimes referred to in these Terms of Service as “User Submissions.” Whether or not any User Submission is published, it will be subject to these Terms of Service. WIZDM does not guarantee any confidentiality with respect to a User Submission, regardless of whether or not it is published. You are solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to your User Submissions (and all content included therein), including the right to authorize WIZDM to use the User Submissions in the manner contemplated by the Service and these Terms of Service.
In addition to User Submissions, the Service may be presented in such a way as to permit comments (“Comments”) with respect to certain content. You understand and agree that with respect to any Comments, the WIZDM does not control the Comments. The WIZDM cannot and will not evaluate, and shall not be responsible for, the accuracy, reliability, completeness, veracity or suitability of any Comments or for verifying the identity of anyone posting a Comment. Although the WIZDM will try to monitor Comments on the Service and flag and/or remove Comments which the WIZDM finds unsuitable (as determined in its sole and absolute discretion) the WIZDM shall be under no obligation to do so and shall have no liability to any party for failure to monitor or remove any Comments or User Submissions. Prior to being granted access to post Comments, individuals may be required to input or provide certain information, including (but not necessarily limited to) their name and/or email address which may be displayed in connection with their Comment; the WIZDM reserves the right to impose any additional restrictions or requirements with respect to Comments in its sole discretion.
You hereby grant to WIZDM a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Submissions, Comments, or any other materials or information (including, without limitation, ideas for new or improved products or services) you communicate to WIZDM by all means and in any media now known or hereafter developed. You also grant to WIZDM the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against WIZDM for any alleged or actual infringement or misappropriation of any proprietary right in your communications to WIZDM. You further agree that it shall be your sole responsibility to verify and/or confirm any information contained in the User Submission prior to relying on it, in connection with which you assume all risk.
We neither endorse nor assume any liability or responsibility for the contents, accuracy, or legitimacy of any User Submission. We generally do not pre-screen, monitor, or edit User Submissions. However, we and our agents have the right at their sole discretion to remove any User Submission or other content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission, Comment, or other content. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Submission, Comment, or the like, whether it is your own or another user’s. See “Copyrights, Licenses, and User Submissions” above for a description of the procedures to be followed in the event that any party believes that a User Submission infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.
The Service may link to websites or services operated by third parties, and/or parties other than and, unaffiliated with WIZDM. Such links are provided for your convenience only. WIZDM does not control such third-party websites and is not responsible for any content thereon, including any comments posted on such third-party websites. WIZDM’s inclusion of links to such third-party websites does not amount to or imply any warranty or endorsement of the material on such sites or any association with their affiliates, owners, or operators. You agree that WIZDM is not responsible for any such third-party websites and services or any content thereon and you agree to hold WIZDM harmless from any and all claims or liability arising from your use of such third-party websites or services. Any concerns or questions related to third-party websites should be directed to the appropriate contact person for such third party.
WIZDM will not tolerate violations of intellectual property rights on the Service. If you are a copyright owner and believe that any User Submission, Comment, or other content infringes upon your copyrights, you may submit a notification pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”). To provide WIZDM notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of [email protected] that sets forth the information specified by the DMCA, see www.copyright.gov/title17/92chap5.html#512). The notification must include: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WIZDM to locate the material; (iv) Information reasonably sufficient to permit WIZDM to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:
You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. WIZDM will not be liable for any loss or damage from your failure to comply with this security obligation.
We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change.
Rules for All Users
WIZDM is a community of learners. When you sign up for the Service, you agree to the following rules:
You will use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.
Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service.
You will not upload any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner. You will not post any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party.
You assume full responsibility for the content of the Service offered.
You understand that classes posted are publicly available to be viewed and accessed by any student.
You agree that you will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
You will not share content from the Service with anyone who is not properly licensed to access the content.
You will not upload, share, post, distribute or otherwise partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.
You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
You will not share software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
You will not impersonate any person or entity, including any of our employees or representatives.
You will not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.
Specific Rules for Teachers and Mentors
When you participate or publish content on the Service, you agree to the following rules:
You will honor any enrollments through the Service and time listed in the Service, and not to refuse enrollments or participation by any student for any discriminatory or other illegal reason.
Any content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material.
You represent and warrant to WIZDM that you are qualified to teach the classes that you list with the Service and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.
You understand that, if you teach a class, your students will have the ability to post a review of this class. We cannot control the contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.
You may choose to remove content from your class and will continue to own such content, but we will continue to have the right to use that content and to provide it to students who have paid for or enrolled in your class.
You grant us full ownership of any video content that we have filmed for you. It is at our sole discretion to remove, add, or edit that video content.
You agree that you will not submit content to WIZDM that violates the WIZDM Community and Class Guidelines, which may be occasionally updated.
WIZDM reserves the right to, but is under no obligation, to delete the listing of any class at any time and for any reason.
Specific Rules for Students
When you enroll in a class or event on the Service, you agree to the following rules:
You will accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to enroll in or access a class on WIZDM.
You will follow all reasonable rules set by a teacher or mentor with respect to a class, and you will not take any actions to interfere with the teacher or mentor or any other students in the class.
You may access class content for your information and personal use only.
You will not copy any materials or techniques for purposes of your own or others’ classes, or for interfering with any class or the teacher’s ongoing relationship with any students participating in such class.
WIZDM reserves the right to delete or suspend your account if you violate any of our rules, or at any time and for any reason.
When a student signs on, registers, enrolls, or takes a class or course on WIZDM, we may share the student’s username and profile with the teacher for the purpose of teaching these students on WIZDM. For example, by enrolling in a class on WIZDM, a student grants to us permission to share that student’s information with the teacher. The teacher or mentor is required to respect the privacy of the student. The teacher has a limited license to use this information only for WIZDM-related communications or for WIZDM-facilitated transactions. The teacher or mentor may use that personal information for no other purpose, such as sending unsolicited commercial messages or unauthorized transactions. Remember that you need to comply with all relevant legal rules when you use WIZDM. This include applicable data protection and privacy laws which govern the ways in which you can use another WIZDM user’s information.
Please note that the WIZDM reserves the right to share any user data with any partner, school, movement, or organization to further the goals of the WIZDM.
Teaching or Participating in a Class
These Terms of Service and the Governing Documents are in addition to any agreements, releases or other documents (the “Class Agreements”) that a teacher and student may enter into in connection with a class, including any Class Agreements entered into through the Service. Students and teachers are each responsible to the other for complying with the terms of the Class Agreements, but WIZDM has no control over either party’s compliance. Among other things, WIZDM cannot control (a) the provisions of the Class Agreements, (b) the accuracy or legality of the Class Agreements or (c) any party’s performance of its obligations under the Class Agreements. Accordingly, WIZDM shall not be held responsible for any liability arising out of the Class Agreements or any actions that you may take in reliance thereon and is not a party to any transaction between you and any other user. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE WIZDM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “WIZDM PARTIES”) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE CLASS AGREEMENTS OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE (WHETHER A STUDENT OR TEACHER). YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
Your teaching or participation in a class is at your sole risk. WIZDM does not supervise classes and is not involved in any way with the actions of any individuals (whether students or teachers) at any class. As a result, we have no control over the identity or actions of the individuals who are present at these classes, and we request that our users exercise caution and good judgment when participating in Classes. You acknowledge and agree that by participating in any class (whether as a student or teacher) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any class. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE WIZDM AND EACH OF THE OTHER WIZDM PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A STUDENT OR TEACHER. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You may cancel your WIZDM membership at any time for any or no reason.
WIZDM reserves these rights:
We can make changes to the Service without notice or liability.
We reserve the right to remove content from the Service for any reason whatsoever, including that the content does or may or is asserted to violate copyright or other law, or suspend access to the Service (or any portion thereof) to any user for any reason whatsoever.
We reserve the right to terminate any affiliation, partnership, or relationship with any individual, entity, student, teacher, mentor, or group for any reason at any time.
We have the right to terminate your membership, account, payment, or other affiliation with the Service at any time and for any reason. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use WIZDM in that jurisdiction.
We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
We have the right to remove a teacher from the Partner Program at any time, without prior notice, at our sole discretion, should we identify that their account is associated with behavior that we deem to be in violation of our rules or guidelines.
We have the right to reject, cancel, interrupt, remove, or suspend any class, comment, or other posted comment at any time and for any reason.
WIZDM is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
Disclaimer of Warranties
THE SERVICE AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CLASS THAT YOU ATTEND VIA THE SERVICE, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICE AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE. THE CONTENT INCLUDED ON THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.
THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Service, you may have the opportunities to engage in commercial transactions with other users and vendors, including (without limitation) students and teachers. You acknowledge that all transactions relating to any class or other merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY CLASS, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through the Service or presented at any class represents the opinions and judgments of an information provider, user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized WIZDM spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Service for further information, which policies are incorporated by reference into these Terms of Service.
The Classes offered on WIZDM are offered directly by the teachers. WIZDM is not responsible or liable for any information on its Service listings or profiles. WIZDM is not responsible for any changes made to a class by the teacher.
You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Service is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR ANY OTHER WIZDM PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE SERVICE.
FURTHER, NEITHER WE, NOR ANY OTHER WIZDM PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY CLASS OR OTHER THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY TRANSACTION BETWEEN A STUDENT AND TEACHER.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and the other WIZDM Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms of Service or any of the other Governing Documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
You and WIZDM agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and WIZDM are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, we shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
Most communication between WIZDM and you will be sent and received electronically. You agree that all electronic communication between WIZDM and you shall satisfy any legal requirements that such communications be in writing.
Any rights of WIZDM not expressly granted herein are reserved.
EU Personal Data
If you are located in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined in the EU Privacy Notice below.
Student-based And Other Qualifying Users
A “Qualifying Institution” is a school, college, university, organization, institution, entity, youth group, or youth movement that the Social Impact Initiative has, AT ITS SOLE DISCRETION, agreed to provide access to and/or accounts with the Service.
If you are a student attending a Qualifying Institution or if you are a member of a Qualifying Institution and are accessing the Service through an account provided by the Qualifying Institution (a “Student-based User”), you may only access the Service if you are at least 13 years old.
When you register with us and become a Social Impact Initiative participant, when you choose to teach or attend a class, we will ask you for Personal Data. “Personal Data” refers to information about you that can be used to contact or individually identify you. This includes, but is not limited to, your name, email address, but does not include your credit card number or billing information. To the extent applicable, transactions involving your billing and payment information are processed by PayPal and Stripe and are subject to their privacy policies. We do not store any of the credit card or banking information that you provide to these payment processors.
Any Personal Data or content that you voluntarily disclose in public areas becomes publicly available and can be collected and used by other users for any reason. Your profile pages (“Profile”) and any online classrooms you participate in are typically publicly available. You have the ability to change your account settings to limit access to your profile, and may delete content you post to public classrooms. If you need assistance with controlling your account privacy settings or with deleting content, please contact us at [email protected] Removal of posted content does not ensure complete or comprehensive removal of the content or information (e.g., some content may be “invisible” to other users but remain on our servers in some form). You should exercise caution before disclosing your Personal Data via these or any other public venues.
For example, if you choose to sign up for a Social Impact Initiative account, you may have a Profile on the Service, containing your full name and some basic information including your location and bio. You may also add additional optional information to your Profile. You may control what type of Profile information is shown to others through your Account Settings. Any information you choose to provide as part of your Profile should reflect how much you want other Social Impact Initiative users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage members to think carefully about what information about themselves they disclose in their profile pages. You can review and revise your profile information at any time.
As noted in our Terms of Service, you must be 13 years of age or older to use the Service. If you are under 16 you may not use the Service without parental consent. We do not knowingly collect or solicit Personal Data from anyone under the age of 16, unless you are a Student-based User. If you are under 16, please do not attempt to register for the Service or send any Personal Data about yourself to us unless you are a Student-based User. If we learn that we have collected Personal Data from a child under age 16 who is not a Student-based User, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Data, please contact us at [email protected]
Information About Cookies
Cookies can either be “session Cookies” or “persistent Cookies”. Session Cookies are temporary Cookies that are stored on your device while you are visiting our Service or using our Service, whereas “persistent Cookies” are stored on your device for a period of time after you leave our Service. The length of time a persistent Cookie stays on your device varies from Cookie to Cookie. We use persistent Cookies to store your preferences so that they are available for the next visit, and to keep a more accurate account of how often you visit our Service, how often you return, how your use of the Service may vary over time. We also use persistent Cookies to measure the effectiveness of advertising efforts. Through these Cookies, we may collect information about your online activity after you leave our Service. Your browser may offer you a “Do Not Track” or “DNT” option, which allows you to signal to operators of websites, and web applications, and services that you do not wish such operators to track certain of your online activities over time and across different websites.
Some Cookies are placed by a third party on your device and may provide information to us and third parties about your browsing habits (such as your visits to our Service, the pages you have visited and the links and advertisements you have clicked). These Cookies can be used to determine whether certain third party services are being used, to identify your interests, to retarget advertisements to you and to serve advertisements to you that we or others believe are relevant to you. We do not control third party Cookies.
We use the following types of Cookies:
Essential Cookies. Essential Cookies are required for providing you with features or services that you have requested. For example, certain Cookies enable you to log into secure areas of our Service. Disabling these Cookies may make certain features and services unavailable.
Functionality Cookies. Functional Cookies are used to record your choices and settings regarding our Service, maintain your preferences over time and recognize you when you return to our Service. These Cookies help us to personalize our content for you, greet you by name, and remember your preferences (for example, your choice of language or region).
You can decide whether or not to accept Cookies. One way you can do this is through your internet browser’s settings. Most browsers have an option for turning off the Cookie feature, which will prevent your browser from accepting new Cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new Cookie in a variety of ways. You can also delete all Cookies that are already on your computer. If you do this, however, you may have to manually adjust some preferences every time you visit a site and some service and functionalities may not work.
To explore what Cookie setting are available to you, look in the “preferences” or “options” section of your browser’s menu. To find our more information about Cookies, including information about how to manage and delete Cookies, please visit http://www.allaboutcookies.org/.
Third Party Advertising
A cookie is used to indicate to other websites that you visited a particular page, and allows us to tailor our marketing to better suit your needs and only display ads that are relevant to you. This cookie does not in any way give access to your computer or mobile device.
If you do not wish to see ads from us, you can opt out in several ways:
Teachers and Mentors
In the event that we are acquired by or merged with a third party entity, we reserve the right to transfer or assign the information we have collected from users, including without limitation Personal Data, as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your Personal Data is treated, transferred, or used.
Transfers to the United States
California Privacy Rights
California Civil Code Section 1798.83 permits users of the Service who are California residents to request certain information regarding its disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email with ‘California Privacy Rights’ in the heading to [email protected] or write us at the address listed below.
EU Privacy Notice
If you are located in the European Union (“EU”), United Kingdom, Lichtenstein, Norway, or Iceland, you may have additional rights under the EU General Data Protection Regulation (the “GDPR”) with respect to your Personal Data, as outlined below.
What Personal Data Do We Collect From You? We collect Personal Data about you when you provide such information directly to us, when third parties such as our business or education partners or service providers provide us with Personal Data about you, or when Personal Data about you is automatically collected in connection with your use of our Service.
Information we collect directly from you: We receive Personal Data directly from you when you provide us with such Personal Data, including without limitation the following:
First and last name
Date of birth
Location information (limited to city, state, zip code, country, and time zone)
Links to your social media accounts
Any other information you choose to share publicly on the Service, for example, anything you post to a public part of your Profile or an online classroom on the Service
Information we receive from third party sources: Some third parties such as our business or education partners and service providers provide us with Personal Data about you, such as the following:
Account information for third party services: If you interact with a third party service when using our Service, such as if you use a third party service to log-in to our Service (e.g., Facebook Connect), or if you share content from our Service through a third party social media service, the third party service will send us information about you, such as information from your public profile, if the third party service and your account settings allow such sharing. The information we receive will depend on the policies and your account settings with the third party service.
Information we automatically collect when you use our Service: Some Personal Data is automatically collected when you use our Service, such as the following:
Your activity on the Service. This includes class usage information such as class enrollment and which classes you’ve watched. It also includes community interaction data, such as which members you’re following, your comments, your projects, or project likes.
Web browser information
Page view statistics
Transaction information (e.g. transaction amount, date and time such transaction occurred)
Cookies and other tracking technologies (e.g. web beacons, pixel tags, SDKs, etc.). For more information, please review the “Information About Cookies” section above.
Location information (e.g. IP address)
Log data (e.g. access times, hardware and software information)
How Do We Use Your Personal Data? We process Personal Data to operate, improve, understand and personalize our Service. For example, we use Personal Data to:
Create and manage user accounts and profiles
Personalize content on the Service. This includes showing users their saved classes and class watch history, and providing class recommendations.
Provide users and Teachers with community features
Provide Teachers with student lists and pay Teachers appropriately
Communicate with you about the Service
Contact you with announcements, updates or offers regarding the Service
Provide support and assistance for the Service
Analyze and improve the Service
Meet contract or legal obligations
Respond and fulfill user inquiries and requests
Protect against or deter fraudulent, illegal or harmful actions
Enforce our Terms of Service
Complete corporate transactions (for more information, see our “Business Transfers” section above)
We will only process your Personal Data if we have a lawful basis for doing so. Lawful bases for processing include consent, contractual necessity and our “legitimate interests” or the legitimate interest of others, as further described below.
Contractual Necessity: We process the following categories of Personal Data as a matter of “contractual necessity”, meaning that we need to process the data to perform under our Terms of Service with you, which enables us to provide you with the Service. When we process data due to contractual necessity, failure to provide such Personal Data will result in your inability to use some or all portions of the Service that require such data.
First and last name
If you are a Teacher, the content of your classes
Legitimate Interest: We process at least the following categories of Personal Data when we believe it furthers the legitimate interest of us or third parties.
First and last name
Your activity on the Service, including class usage information and community interaction data
Examples of these legitimate interests include:
Operation and improvement of our business, products and services
Personalization of web content on the Service
Analyzing the use of the Service
Marketing of our products and services
Provision of customer support
Protection from fraud or security threats
Compliance with legal obligations
Completion of corporate transactions
Consent: In some cases, we process Personal Data based on the consent you expressly grant to us at the time we collect such data. When we process Personal Data based on your consent, it will be expressly indicated to you at the point and time of collection.
Other Processing Grounds: From time to time we may also need to process Personal Data to comply with a legal obligation, if it is necessary to protect the vital interests of you or other data subjects, or if it is necessary for a task carried out in the public interest.
Fraud prevention service providers
Third party providers of advertising services
Ad networks and marketing tools
Analytics service providers
Engineering and development tools
Staff augmentation and contract personnel
Hosting service providers
We also share Personal Data when necessary to complete a transaction initiated or authorized by you or provide you with a product or service you have requested. In addition to those set forth above, these parties also include:
Other users (where you post information publicly or as otherwise necessary to effect a transaction initiated or authorized by you through the Service), such as when users and Teachers interact through the Service
Social media services (if you interact with them through your use of the Service)
Third party business partners who you access through the Service
We also share Personal Data when we believe it is necessary to:
Comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies
Protect us, our business or our users, for example to enforce our terms of service, prevent spam or other unwanted communications and investigate or protect against fraud
Maintain the security of our products and services
We also share information with third parties when you give us consent to do so. Furthermore, you acknowledge that we may transfer your Personal Data, and that any acquirer of us or our assets may continue to use your Personal Data, as set forth in the “Business Transfers” section above.
How Long Do We Retain Your Personal Data? We retain Personal Data about you for as long as you have an open account with us or as otherwise necessary to provide you Service. In some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect, or is otherwise permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a depersonalized or aggregated form but not in a way that would identify you personally.
What Security Measures Do We Use? We seek to protect Personal Data using appropriate technical and organizational measures based on the type of Personal Data and applicable processing activity.
What Rights Do You Have Regarding Your Personal Data? You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email [email protected] Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is frivolous or extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need to you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.
Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data. You can also access certain of your Personal Data by emailing [email protected]
Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. You can also correct some of this information directly by making changes to your Profile. You can request that we correct or supplement such data by emailing [email protected]
Erasure: You can request that we erase some or all of your Personal Data from our systems by emailing [email protected]
Withdrawal of Consent: If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Service.
Portability: You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible.
Objection: You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
Restriction of Processing: You can ask us to restrict further processing of your Personal Data.
Right to File Complaint: You have the right to lodge a complaint about Social Impact Initiative’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State.
Transfers of Personal Data: The Service is hosted and operated in the United States (“U.S.”) through Social Impact Initiative and its service providers, and if you do not reside in the U.S., laws in the U.S. may differ from the laws where you reside. By using the Service, you acknowledge that any Personal Data about you, regardless of whether provided by you or obtained from a third party, is being provided to Social Impact Initiative in the U.S. and will be hosted on U.S. servers, and you authorize Social Impact Initiative to transfer, store and process your information to and in the U.S., and possibly other countries. You hereby consent to the transfer of your data to the U.S. as set forth herein.
Social Impact Initiative is committed to the Principles of the EU-U.S. Privacy Shield Framework set forth by the U.S. Department of Commerce regarding the collection and use of Personal Data transferred from the EU. These Principles are (1) notice, (2) consent, (3) accountability for onward transfer, (4) security, (5) data integrity and purpose limitation, (6) access and (7) recourse, enforcement and liability with respect to all Personal Data received from within the EU in reliance on the Privacy Shield. The Privacy Shield Principles require that we remain potentially liable if any third party processing Personal Data on our behalf fails to comply with these Privacy Shield Principles (except to the extent we are not responsible for the event giving rise to any alleged damage). Social Impact Initiative’s compliance with the Privacy Shield is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission. For more information about the Privacy Shield Program, please visit https://www.privacyshield.gov/.
Please contact us at [email protected] with any questions or concerns relating to the Privacy Shield. If you do not receive timely acknowledgment of your Privacy Shield-related complaint from us, or if we have not resolved your complaint, you may also resolve a Privacy Shield-related complaint through JAMS, an alternative dispute resolution provider located in the United States. You can visit https://www.jamsadr.com/file-an-eu-us-privacy-shield-or-safe-harbor-claim for more information or to file a complaint, at no cost to you. Under certain conditions, you may also be entitled to invoke binding arbitration for complaints not resolved by other means.
What If You Have Questions Regarding Your Personal Data? If you have any questions about this EU Privacy Notice or our data practices generally, please contact us using the following information: