Terms of Use
Back On Course Educational Services LLC
Effective Date: October 12, 2022
1. General terms
These Terms of Use (“Terms”) govern the use of the Back On Course Educational Services LLC website (“Site”) at www.backoncourse.com, any mobile device application, or any other means provided or authorized by Back On Course Educational Services LLC.
The terms “you,” “You,” “your,” “Your,” “User,” and “Users” shall refer to any person or entity who views, uses, accesses, or browses any content on the Site, and/or creates, uploads, posts, sends, receives or stores content to the Site.
The terms “we,” “We,” “our,” “Our,” “us,” “Us,” “Back On Course Educational Services,” and “Back On Course” shall refer to Back On Course Educational Services LLC and its subsidiaries.
Back On Course is providing you access to this Site, Site content, and related applications and services (collectively, “Service”). We provide this Site to Users seeking educational support services and to any other entity on whose behalf Users accept these Terms.
Please read these Terms before using or continuing to use the Site. Do not agree to the Terms unless you both fully understand and accept each provision. By using or continuing to use the Site, you represent and warrant that you understand, agree to, and accept all terms and conditions contained in these Terms.
These Terms are entered into by and between Back On Course and you, and you accept them by: (a) accessing or viewing the content of the Site; (b) contracting for Services through the Site; (c) using the Site in any other manner; and/or (d) acknowledging agreement with these Terms. If you do not agree to these Terms, do not use the Site.
To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms, the Terms shall control. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.
This Service is not intended for use by children under the age of 18. Back On Course does not knowingly collect personally identifiable information from children. If you are under the age of 18, please do not access the Site or provide your contact information or any other personally identifiable information to Back On Course. If you are the parent or legal guardian of someone under the age of 18 who may have provided us with information without your knowledge or consent, please contact us to have this information removed.
In some instances, both these Terms of Use and additional terms and conditions may apply to a service or product offered via the Service ("Additional Terms"). We will make those Additional Terms available to you with the relevant Service. If you use those Services, the Additional Terms that apply will become part of this agreement between You and Back On Course. To the extent there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
2. Privacy Policy
Please refer to our Privacy Policy at https://www.backoncourse.com/privacy-policy for information on how Back On Course Educational Services collects, uses and discloses information from Users. You acknowledge and agree that your use of the Service is subject to our Privacy Policy.
3. Academic honesty
Back On Course’s Service is provided for the purpose of facilitating learning. We do not engage in, aid, or assist anyone with any form of academic dishonesty (completing assignments or projects, writing papers or essays, taking (or help take) quizzes or examinations on someone’s behalf, etc.).
You may not use any of the solutions, answers, materials or information available on the Site or through the Services in a manner that would be considered a violation of academic policies or other conduct policies of a school, university, academic institution or workplace.
4. Your obligations and conduct
All Users must: (a) be of legal age and have capacity to agree to these Terms on their own behalf (b) maintain the security of any password and identification information used to access the Service and (c) accept all risks of unauthorized access to information and registration data.
5. User Limited License
Subject to your compliance with these Terms of Use, you are granted a limited, personal, revocable, non-exclusive, non-assignable, and non-transferable license to access and use the Services for non-commercial, personal use only. You may not adapt, download, revise, broadcast, reverse engineer, duplicate, publish, modify, disseminate, display, perform, transfer, sub-license, or otherwise distribute any content or other material on the Service, without Back On Course Educational Service’s prior written permission or as expressly provided in these Terms of Use. When you download or use the Back On Course Content as authorized by these Terms of Use, you must: (a) keep intact any and all copyright and other proprietary notices; (b) make no modifications to the Back On Course Content; and (c) not copy or adapt any object code associated with the Service or reverse engineer, modify or attempt to discover any source code associated with the Service, or allow or assist any third-party (whether or not for your benefit) to do so.
Under no circumstances may a user of the Service (a) frame or utilize framing techniques to enclose any part of the Service; (b) gather, obtain, use, access or otherwise copy any part of the Service by using any bot, spider, crawler, spy ware, engine, device, software or any other automatic device, utility or manual process of any kind; (c) use the Service or any features available on the Service in any manner with the intent to interrupt, damage, disable, overburden or impair the Service or such services; or (d) engage in any activity that interferes with another user’s access, use or enjoyment of the Service.
Use of the Service for any purpose other than as specified in the Terms of Use is a violation of Back On Course’s and/or its licensors’ copyright and proprietary rights. Neither Back On Course Educational Services nor its licensors guarantee the accuracy or completeness of any information or content. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Certain features of this Service may be provided by third parties and the use of such features may be conditioned upon your agreement to such third parties’ terms of use and privacy policies. You understand that the Terms of Use applies only to the parts of the Service that reside on Back On Course’s (or its service provider’s) servers and not to those that reside on third-party servers not controlled by Back On Course. All rights not expressly granted herein are reserved by Back On Course Educational Services.
6. User content provided on the Site
Unless otherwise stated herein, any content that you provide in connection with this Site and Service shall be deemed to be provided on a non-confidential basis. For any academic source materials such as those from textbooks and workbooks which you submit to us in connection with the Service, you represent and warrant that you are entitled to upload such materials under the “fair use” doctrine of copyright law. You represent and warrant that you have proper authorization for the worldwide transfer and processing among Back On Course, its affiliates, and third-party providers of any content that you may provide on the Site. Back On Course Educational Services shall be free to use or disseminate such content on an unrestricted basis for any purpose, and you grant us an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, and publish such content (including in digital form). We are not responsible for maintaining any User content that you provide to us, and we may delete or destroy any such User content at any time.
7. Terms of transacting business
Users must pay all costs associated with the Service. These costs include but are not limited to the listed service and cancellation fees.
8. Text message notifications
By booking an appointment for Back On Course Services, Users agree to receive automated transactional text messages regarding the confirmation, cancellation, and rescheduling of their appointment (“Text Message Program”). Standard data and messaging rates may apply. Please contact your cellular provider regarding your plan’s SMS and data rates.
How to opt in
Users must reply “YES” in response to the welcome text message in order to opt in to the Text Message Program.
How to cancel
To cancel text message notifications, Users can text END in response to the Text Message Program text message or update communication preferences in their User profile (https://profile.squareup.com).
9. Third-party links
You may find links to other websites or resources on the Site. You acknowledge and agree that Back On Course Educational Services is not responsible for the availability of such external websites or resources. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Back On Course will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
10. Advertisements and promotions
Back On Course Educational Services may run advertisements and promotions from third parties on the Site. Your correspondence, business dealings, or participation in promotions with advertisers other than Back On Course, found on or through the Site, are solely between you and such advertiser. This includes payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings. Back On Course Educational Services is not responsible or liable for any loss or damage incurred as the result of any such dealings or as the result of the presence of such non-Back On Course advertisers on the Site.
11. Proprietary rights
The entire content of the Service and any supporting software are the proprietary property of Back On Course Educational Services and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws. The reproduction, redistribution, modification or publication of any part of the Service without the express written consent of Back On Course and/or its licensors is strictly prohibited. Unless otherwise indicated, trademarks that appear on this Site and in connection with Services are trademarks of Back On Course Educational Services or its affiliates. Unless otherwise explicitly specified by Back On Course, all materials that are included in or otherwise a part of the Service, including past, present, and future versions, domain names, site design, logos, as well as the "look and feel" of the Service (collectively, "Back On Course Content"), are owned, controlled, or licensed by Back On Course or its affiliates. All other materials not owned by Back On Course Educational Services or its affiliates that appear in the Service are the property of their respective owners.
Back On Course Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Any unauthorized use of Back On Course Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.
12. Disclaimer of warranties
USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, INCLUDING THE INFORMATION, SERVICES, AND CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. BACK ON COURSE EDUCATIONAL SERVICES DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. BACK ON COURSE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE SITE.
BACK ON COURSE MAKES NO WARRANTY OR REPRESENTATIONS THAT: (A) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (C) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM TUTORS WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; (D) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR THAT THE SERVICES ARE APPROPRIATE FOR USE OR ACCESS OUTSIDE OF THE UNITED STATES.
ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK; NEITHER BACK ON COURSE NOR ITS LICENSORS SHALL BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF THE SERVICE, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THE SERVICE.
13. Limitation of liability
IN NO EVENT SHALL BACK ON COURSE EDUCATIONAL SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF BACK ON COURSE HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE SITE; (B) THE COST OR PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSION OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (D) CONTENT OR INFORMATION USERS MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL BACK ON COURSE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO BACK ON COURSE OR A BACK ON COURSE PARTNER, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
YOU AND BACK ON COURSE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND BACK ON COURSE AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE FAIR AND REASONABLE. IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
14. Indemnification
You agree to indemnify and hold Back On Course Educational Services and its subsidiaries, affiliates, officers, agents, shareholders, officers, suppliers, directors, licensors, other partners, representatives, contractors and employees harmless from any claims, demands, losses, actions, costs, liabilities, expenses and damages, including attorneys’ fees and expenses, made against Back On Course by any third party due to or arising out of your use of the Service, your connection to the Service, your breach of any representation, warranty or obligation, or your violation of this Terms of Use. Users must cooperate as requested by Back On Course in the defense of such claims. Back On Course reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and you shall not, in any event, settle any claim or matter without the prior written consent of Back On Course. These indemnity obligations shall survive any expiration or termination of your relationship with Back On Course.
15. Arbitration
We control and operate the Site and Service from our offices in the United States of America. We do not represent that materials on the Site or Service are appropriate for use in other locations. Persons who choose to access the Site or Service from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms waive their respective rights to a trial by jury. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof) or the Site or Service will be binding arbitration administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against us in a small-claims court of competent jurisdiction. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding. The laws of the State of California will govern these Terms, as well as any claim that might arise between you and us, without regard to any conflict of law provisions.
Arbitration Procedures
1. Overview: Arbitration is an alternative to litigation where a neutral person (the arbitrator) hears
and decides the parties’ dispute. The following procedures (the “Arbitration Procedures”) are applicable to all arbitration proceedings.
2. Pre-Arbitration Dispute Resolution: We are always interested in resolving disputes amicably and
efficiently. Before you commence an arbitration, we suggest that you contact us to explain
your complaint, as we may be able to resolve it without the need for arbitration. You may
contacts us at [email protected].
3. Administrator: The administrator for the arbitration is the American Arbitration Association
(“AAA”), a non-profit organization that is not affiliated with Back On Course Educational Services. The AAA facilitates, but does not itself conduct, the arbitration. The arbitrator who will hear and decide your dispute will be chosen from the AAA’s roster of neutral arbitrators. For information on the AAA, please visit its website, https://www.adr.org.
4. Applicable Rules: The arbitration will be governed by the AAA’s Commercial Arbitration Rules
and its Consumer-Related Disputes Supplementary Procedures (together, the “AAA Rules”). Information about the AAA’s rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer.
5. Commencing an Arbitration: To commence an arbitration, you must complete a short form, submit it to the AAA, and send a copy to Back On Course Educational Services LLC at:
- Back On Course Educational Services LLC
3400 Cottage Way, Suite G2 #3632
Sacramento , California 95825
ATTN: Arbitration Department
For more information see the AAA’s claim filing page, https://www.adr.org/index.php/Support. Upon receipt of an arbitration claim, we may assert any claims we may have against you.
6. Fees: Each party will pay its own attorneys’ fees, unless the law provides that the prevailing party is entitled to have the other party pay its reasonable attorneys’ fees. You will bear only those costs of arbitration that you would have borne had you brought a claim covered by this arbitration provision in court.
7. Selection of the Arbitrator: The arbitration proceeding is presided over by an arbitrator who will issue a decision and otherwise conduct the arbitration proceeding. Back On Course and you will attempt to agree on a single arbitrator using the AAA procedures. If agreement is not possible, each party will select its own arbitrator. Each party’s arbitrator will jointly confer and select a single arbitrator. That single arbitrator will preside over the arbitration.
8. The Arbitrator’s Decision: The arbitrator must base his or her decision on the evidence presented and according to these Terms and governing law, including statutory and judicial authority. The arbitrator must issue a written decision, which must contain the essential findings and conclusions on which the decision is based. The arbitrator’s decision is final and binding upon all parties.
In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in the federal or state courts located in Sacramento, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
16. Injunction
Notwithstanding the Arbitration terms set forth herein, Users agree that any material breach of the Terms will result in irreparable harm to Back On Course Educational Services for which damages would be an inadequate remedy. Therefore, in addition to its rights and remedies otherwise available at law, Back On Course reserves the right to seek equitable relief through the court system, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Back On Course seeks such an injunction.
17. Notices; modification and termination of services; amendment of terms
Back On Course Educational Services may provide notice of Service changes and modifications to Users via email, regular mail, or posting notices or links to notices on the Site.
Back On Course reserves the right, at our sole discretion, at any time to modify, suspend or terminate the Service (or any part thereof), and/or use of or access to them.
We reserve the right to suspend and/or terminate any User with or without notice at any time at our sole discretion, for any reason or no reason. Your right to use and otherwise access the Service is automatically terminated if you violate the Terms of Use. You agree that, if you are suspended and/or terminated, you will make no further use of the Site after termination or during suspension.
Back On Course will not be liable to Users or any third-party for any modification, suspension, or termination of service, or loss of related information.
18. Governing law
The Terms of Use constitute the entire agreement between you and Back On Course Educational Services, govern your use of the Service, and supersede any prior agreements between you and Back On Course concerning the Service. You also may be subject to additional terms and conditions that may apply when you use affiliated services, third-party content or third-party software. The Terms of Use and the relationship between you and Back On Course will be governed by the laws of the State of California without regard to its conflict of law provisions.
You and Back On Course Educational Services agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Sacramento, State of California. The failure of Back On Course to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
19. Entire agreement
These Terms, including (a) any related policies and terms referenced in the Terms of Use and (b) any Additional Terms, are the entire agreement between you and Back On Course regarding the Service, and cancel and supersede any prior versions of the Terms. You may not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use the Back On Course Educational Services Site or third-party products or services.