Use Agreement
This Use Agreement, including the web based videos and Web Site(s) License (collectively, the "Use Agreement"), is a legal document that details the rights and obligations of your use of any web sites owned, operated, or authorized by Before Class Media, LLC. ("Web Site(s)") and if applicable, your use of educational media programs (“Videos”) furnished to you online by Before Class Media. When you use the Web Site(s), the terms regarding use of the Web Site(s) apply to you and you accept these conditions. If you pay to access the Videos, the terms regarding use of the videos apply to you, and we refer to you as "User" as well as "you". Use of the Web Site(s) and the Videos are licensed, not sold, to you by Before Class Media, LLC or one of its licensed affiliates for use under the terms of this Use Agreement and Before Class and its applicable licensors reserve any rights not expressly granted to you herein.
If you have any questions regarding this Use Agreement, the Web Site(s), or any of your rights and obligations related to your use of the Web Site(s) or use of the Videos, you should contact our Customer Service Center by going to the Contact of our Web Site. You and Before Class Media agree that the services covered by this Use Agreement are delivered by Before Class Media or its authorized agents or contractors in Miami, Florida, USA.
If you are the parent of an elementary or secondary school student and your student's school or school district provides your student with access to the Videos and/or the Web Site(s), you should consult your school's representative regarding your student's rights and obligations specific to your student's access to the Videos and/or the Web Site(s).
Changes to Use Agreement and Training Lessons
To continue to provide you with quality service and high quality educational media, Before Class Media is continually updating its products and the Web Site(s). For these reasons, it may be necessary for Before Class Media to update or revise certain provisions of the Use Agreement, its license agreements or its Privacy Policy. By your acceptance of this Use Agreement, or by your continued use of the Web Site(s) and if applicable, the Videos, you agree that Before Class Media may change the terms of this Use Agreement without prior notice to you, and that the terms of use of the then-current Use Agreement will govern your rights and obligations of your use of the Web Site(s) and the Videos. You also agree that Before Class may at any time revise, edit or delete Videos in their entirety. If you do not agree to the terms in this Use Agreement as updated from time to time, your only remedy is to discontinue any further purchases and use of the Videos.
Privacy Policy
The Before Class Media Privacy Policy explains how Before Class Media collects, uses, and discloses personal information in connection with your use of the Web Site(s) and your purchase of Before Class Media products, as well as the choices Before Class Media gives you about such uses and disclosures. By your acceptance of this Use Agreement, by your continued use of the Web Site(s), and if applicable, your continued use of the Before Class Media products, you authorize the collection, use, and disclosure of personal information by Before Class Media as provided for under Before Class Media's then-current Privacy Policy. Since Before Class Media's Privacy Policy may change, you should check the current Privacy Policy for the most current version. You expressly acknowledge and agree that Before Class Media may contact you with information regarding Before Class Media products and about additional products that Before Class Media believes may be of interest to you.
The Before Class Media Privacy Policy for governmental and school users differ in some respects so governmental and school users should review the Privacy Policy posted on the applicable Before Class Media Web Site(s).
Links to Third Party Sites
Many of the Web Site(s) contain links that will let you leave the Web Site(s). The linked sites are not under the control of Before Class Media, and you acknowledge that Before Class Media is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Before Class Media is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by
Before Class Media of the site.
Third Party Offers
From time to time, the Web Site(s) may make offers of Third Parties ("Third-Party Offers") available to you. Such Third-Party Offers are not under the control of Before Class Media, and you acknowledge that Before Class Media is not responsible for the fulfillment or any other aspect of such Third Party Offers.
Copyrights and Trademarks
All content included in the Videos and on the Web Site(s) is the property of Before Class Media or its third-party licensors and protected by U.S. and international copyright laws.
BEFORE CLASS MEDIA, TRIAL SKILLS LIVES, JIMMY LAW, and other Before Class Media logos are trademarks or registered trademarks of Before Class Media, Inc. All other trademarks not owned by Before Class Media that appear in the Videos or on this site are the property of their respective owners.
Making unauthorized copies of any content may lead to the termination of your access to the Web Site(s) and Videos and may subject you to further legal action. Similarly, third-party licensors may take criminal or civil action against you. In that event, you agree to hold harmless Before Class Media and its subsidiaries, affiliates, related companies, employees, officers, directors and agents.
Designated Agent for Digital Millennium Copyright Act Claims
General Counsel
Before Class Media, LLC
1532 Drexel Ave, 203
Miami Beach, FL 33139
Email address: outreach@beforeclass.com
NOTE: No other notices or communications should be sent to this e-mail address, which is designated solely for the purpose of receiving notices of copyright claims under the DMCA.
Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. Sec. 512(c)(3)).
Valid notification must be a written communication that includes all of the following elements:
Online Access
Before Class Media offers the opportunity to access our Videos in the online format ("Online Access"). Before Class Media will offer you the opportunity to Subscribe to the Videos for a fixed period of time. You are responsible for paying all Subscription fees and applicable taxes associated with the Videos with a valid payment method. If your payment method fails, we may collect fees resulting from our collection procedures.
System Requirements
In order to view Videos through Before Class Media, your browser must support cookies and have them enabled to use these sites. You must have JavaScript enabled in your browser. Before Class Media Web Sites use pop-up windows. Make sure that you turn off any pop-up blockers that are running in your browser. Before Class Media Videos are currently streamed through www.blip.tv. Your computer must have access to this site to be able to view the videos.
Governing Law, Notices and Language
This Use Agreement is intended for your benefit and not the benefit of any third party. This Agreement shall be governed by and construed in accordance with the laws of the United States of America and the state of Florida, and any action brought by either party to enforce this Agreement shall be brought in the relevant state or federal court in Miami, Florida. You hereby submit to the personal jurisdiction of such courts. The parties hereby expressly exclude applicability of the United Nations Convention on the International Sale of Goods. If for any reason a court of competent jurisdiction shall find any provision of this Agreement to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. You expressly acknowledge and agree that Before Class Media may contact you with information regarding the Videos and about products that Before Class Media believes may be of interest to you. Before Class Media will contact you via the information you provided when you ordered the Videos or upon registration. If you change your contact information, you are responsible for notifying Before Class Media of any such change so that Before Class Media may contact you. Notice shall be deemed given 24 hours after e-mail is sent or three days after mailing to the address you provided during the registration process. You and Before Class Media expressly agree that this contract is written in the English language only which language shall be controlling in all respects.
Before Class Media makes no representation that information on the Web Site(s) is/are appropriate or available for use in all countries, and prohibits accessing materials from territories where its contents are illegal. Those who access this site do so on their own initiative and are responsible for compliance with all applicable laws.
Export Control Laws
All Before Class Media products, including Videos and documentation, available on the Web Site(s) are subject to the export control laws and regulations of the United States. Before Class Media's Videos is currently prohibited for export or re-export to (or to a national or resident of) Cuba, North Korea, Iran, Iraq, Libya, Syria and Sudan or to any country subject to relevant trade sanctions. In addition, Before Class Media's Videos is prohibited for export or re-export to any person or entity on the U.S. Department of Commerce Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred List, or on the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers or Specially Designated Terrorists, as the same may be revised from time to time, or for use with chemical or biological weapons, sensitive nuclear end-users, or missiles. By downloading or using the Videos from the Web Site(s), you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list.
Indemnity
You agree to defend, indemnify and hold harmless Before Class Media and its employees, contractors, officers, and directors from all liabilities, claims and expenses, including attorneys' fees that arise from a breach of this Agreement for which you are responsible. Before Class Media reserves the right to assume the exclusive defense and control of any matter otherwise subject to your indemnification obligation.
Electronic Delivery
By affirmatively ordering Before Class Media products, you consent to receive all communications, including agreements, notices, legally required disclosures and other information relating to the Web Site(s), Before Class Media products, or Videos electronically from Before Class Media. You agree that Before Class Media may send you electronic notice by e-mail and/or by notice on the Web Site(s) or Videos. You must have Internet access in order to access electronic communications, Adobe Acrobat Reader and a printer attached to your computer or network to print any notices. You can retrieve an electronic copy and a printable version of this Use Agreement at: click here to download.
Videos and Web Site(s) License
The Videos and Web Site(s) are the proprietary and copyrighted work of Before Class Media and/or its third-party licensors or contractors. Before Class Media provides you with a limited license to use our Videos and Web Site(s), which you agree to use in accordance with these rules ("License"). You may not sub-license, or charge others to use or access, our Videos and Web Site(s) without first obtaining written permission from us. We will occasionally provide automatic upgrades to improve your experience on the Web Site(s) and with the Videos. We reserve the right to log off accounts that are inactive for an extended period of time and we prohibit the use of tools that defeat Before Class Media's automatic log-off feature. Upon registering for an online Subscription , Before Class Media grants to you a limited, nonexclusive, nontransferable, license to use the Videos in accordance with the terms of this limited license. All right, title and interest in and to the Videos and the Web Site(s) is retained by Before Class Media and its licensors, and this Agreement shall not be construed as transferring any rights of ownership or license to the Videos or to any information therein except as expressly set forth in this Agreement.
Restrictions
You may not download Before Class Media Videos from the website. Videos are to be viewed online only and any downloading is strictly prohibited and in direct violation of your licensing agreement. You may not modify, adapt, translate, rent, lease, loan or create derivative works based upon the Videos or Web Site(s) or any parts thereof. You may not reproduce, transmit, edit, alter, modify, create derivative works of, rent, lease, loan, resell or distribute the Videos or Web Site(s), in whole or in part. You may not copy, download or otherwise transfer the Videos or content from the Web Site(s) to your computer or any other computer or storage device. You may not remove any proprietary markings of Before Class Media or its licensors.
If you are accessing the Videos on behalf of the United States Government, the Videos is classified as "Commercial Computer Videos," as that term is used in 48 CFR A§12.212 and 48 CFR A§227.7202, and the Government may only acquire Restricted Rights therein. Consistent with 48 CFR A§12.212 and 48 CFR A§227.7202-1 through A§227.7202-4, the Commercial Computer Videos is being licensed to U.S. Government end users (i) only as a Commercial Item, as that term is defined at 48 CFR 2.101; and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. The Videos Contractor/manufacturer is Before Class Media, Inc. or its applicable licensors.
Only One User Per Account
Each Online Access User will be issued a unique user name and password. You are not permitted to share your unique user name and password with any other person or entity unless otherwise agreed to by Before Class Media in writing. In addition to the termination rights below, Before Class Media reserves the right to immediately terminate this License and your right to Online Access if you permit others to access or use the Videos using your unique user name and password.
Limitations
You acknowledge that the Web Site(s) and the Videos may contain bugs, omissions, typographical errors or other errors. Before Class Media reserves the right to make improvements and changes to the Web Site(s) and the Videos at any time without notice or liability to you; provided however that Before Class Media is under no obligation to make such improvements or changes. You acknowledge and agree that Before Class Media has no obligation to support or update the Web Site(s) or the Videos and has no obligation to provide you with any support, maintenance, corrections, "bug fixes," updates, new versions or revisions thereto. You understand that Before Class Media's introduction of various technologies may not be consistent across all platforms and that the performance of the Web Site(s) may vary depending on your Internet connection, your computer and other equipment.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
USER AGREES THAT THE WEB SITE(S) AND THE VIDEOS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. BEFORE CLASS MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE WEB SITE(S) OR THE VIDEOS, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS THEREFOR, INCLUDING WITHOUT LIMITATION, ANY AND ALL EXPRESS OR IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BEFORE CLASS MEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE VIDEOS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE VIDEOS WILL BE VIRUS OR ERROR FREE OR THAT DEFECTS, IF ANY, IN THE VIDEOS WILL BE CORRECTED. YOU AGREE AND ACKNOWLEDGE THAT YOU ARE USING THE WEB SITE(S) AND INSTALLING THE VIDEOS AT YOUR OWN RISK. BEFORE CLASS MEDIA DOES NOT WARRANT OR REPRESENT THE ACCURACY OR RELIABLITY OF THE USE OR RESULTS OF THE USE OF THE WEB SITE(S) OR VIDEOS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BEFORE CLASS MEDIA OR A BEFORE CLASS MEDIA REPRESENTATIVE SHALL CREATE A WARRANTY OR INCREASE THE SCOPE OF THIS WARRANTY OR THE LICENSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. BEFORE CLASS MEDIA MAY GIVE YOU THE OPPORTUNITY TO INSTALL VIDEOS OR PROGRAMS PROVIDED BY OTHER COMPANIES ("THIRD-PARTY PROGRAMS") ON YOUR COMPUTER. YOU ACKNOWLEDGE THAT SUCH THIRD-PARTY PROGRAMS MAY NOT BE ERROR FREE OR ACCURATE, AND THEREFORE YOU ACKNOWLEDGE AND AGREE THAT BY INSTALLING SUCH THIRD-PARTY PROGRAMS ON YOUR COMPUTER, YOU DO SO AT YOUR OWN RISK. YOU AGREE TO COMPLY WITH ALL LICENSE TERMS FOR THIRD-PARTY PROGRAMS THAT ARE DISCLOSED TO YOU BY BEFORE CLASS MEDIA. YOU ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO THE THIRD-PARTY PROGRAMS.
NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS AGREEMENT, BEFORE CLASS MEDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES WHATSOEVER, WHETHER ARISING IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF DATA, COMPUTER REPAIR COSTS, LOST PROFITS OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE, THE RESULTS OF THE USE, OR THE INABILITY TO USE THE VIDEOS OR THIRD-PARTY PROGRAMS, EVEN IF BEFORE CLASS MEDIA HAS BEEN ADVISED OF, OR SHOULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES. USER'S SOLE REMEDY SHALL BE TO DISCONTINUE ACCESS TO AND USE OF WEBSITE(S), THE VIDEOS, AND IF APPLICABLE, TERMINATE USER'S CONTINUING ACCESS PLAN. BEFORE CLASS MEDIA'S AGGREGATE LIABILITY FOR ANY BREACH OF THIS AGREEMENT SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF THE VIDEOS LICENSED UNDER THIS AGREEMENT.
Additional Video Disclaimer
The contents of Before Class Media Videos, specifically Trial Skills Live, are for educational purposes only. The techniques and methods are designed to assist students to develop mock trial skills. THE VIDEOS ARE NOT TO BE USED TO PREPARE FOR AN ACTUAL TRIAL IN A REAL COURT OF LAW. We do not represent the methods and techniques contained in this video to necessarily be the best techniques. The purpose of this video is to demonstrate varying courtroom techniques. Certain techniques demonstrated here may not be appropriate in a real court of law.
Termination
Unless otherwise provided by the terms of a separate agreement with Before Class Media, either you or Before Class Media may terminate or cancel your Subscription at any time for any reason. In certain circumstances, termination charges may apply if you cancel prior to the end of a designated term, if, for example, you have obtained a bonus product. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with Before Class Media. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Use Agreement or Before Class Media's enforcement or application of this Use Agreement; (2) any policy or license agreement of Before Class Media, including Before Class Media's Privacy Policy, or any license agreement applicable to any Before Class Media product; (3) the Videos or content available on the Web Site(s) or any change in the Videos or content on the Web Site(s); (4) your inability to access and/or use the Web Site(s); or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. Before Class Media may offer you substitute Videos subject to the same terms as this Use Agreement or, at Before Class Media's discretion, a refund of any Subscription fees. The License will terminate immediately without notice from Before Class Media or judicial resolution if you fail to comply with any provision of this Use Agreement. In the event that your Online Access is terminated or canceled by you or because you have failed to comply with any provision of the Use Agreement, no refund, including any Subscription fees, will be granted. You represent and warrant that you are at least eighteen (18) years of age and that you have read and agree with the foregoing.