Terms of Service

General

Please read this document carefully before accessing or using the site.  By accessing or using the site, you agree to be bound by the Terms and Conditions of Use set forth below.  If you do not wish to be bound by these terms and conditions, you may not access or use the site.  ProSocial Learning can modify content or discontinue availability at any time.  You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.  Use of this site must comply with the laws of the United States federal government and any local or state laws of the state in which the user accesses ProSocial Learning content.  The materials and content on this website are subject to federal copyright and trademark law.

Instructors

The instructors featured on ProSocial Learning maintain control and ownership over their content.  By posting on ProSocial Learning, all instructors represent that they have the ownership and/or rights over all submitted content.  All instructors must provide accurate account information.  Instructors are prohibited from posting advertisements, junk mail, spam or similar content that detracts from the purpose of the site.  Uploaded content must not be intentionally misleading.  All instructors must be at least 18 years of age or have the consent of a legal guardian or parent.  Any breach of the Terms and Conditions of Use by an instructor may result in the immediate removal or the instructor’s content and/or suspension or termination of the instructor’s account.

Users

All users must be at least 18 years of age or have the consent of a parent or legal guardian.  All users must agree to pricing terms and payment plans.  Users are prohibited from posting advertisements, junk mail, spam or similar content that detracts from the purpose of the site.  Users are responsible for all content, including personal information, they share through the site.  Users are prohibited from soliciting personal information from other users and instructors.  Users are prohibited from reproducing the site’s content.  Users are prohibited from posting obscene content to the website.  The account of any User who violates the Terms of Use and Conditions may be suspended or deactivated.

Registrations

All users and instructors are required to register for an account before accessing ProSocial Learning content.  Users and Instructors are responsible for maintaining and protecting their account information.  Users and Instructors are responsible for notifying ProSocial Learning about any breach to their accounts.  ProSocial Learning will act as soon as administratively possible to address the breach.  Users and Instructors are prohibited from transferring their accounts to others.  If a User or Instructor transfers their account to another person, in violation of the Terms and Conditions of Use, the User or Instructor is responsible for actions of the other person.  

Copyright, Content, Licenses and Permissions

Each User and Instructor maintains ownership of their “submitted content.”  Content provided by ProSocial Learning is considered “Company Content” and remains in the sole control of ProSocial Learning.  Content produced through the live streaming, video classrooms and other tools provide will be considered content of ProSocial Learning.  Instructors give ProSocial Learning a non-exclusive right and license to re-distribute, license, package, publicly perform, market or otherwise use their content.  Instructors may remove their content at any time.  Removal of content terminates the license after 60 days for the new users but keeps it for things under current terms.

The entire contents of the Site are protected by federal and international copyright and trademark laws.  The owner of the copyrights and trademarks are ProSocial Learning, its affiliates or other third party licensors.  You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software.  You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.  You agree to grant to ProSocial Learning 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 materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to ProSocial Learning by all means and in any media now known or hereafter developed.  You agree that you shall have no recourse against ProSocial Learning for any alleged or actual infringement or misappropriation of any proprietary right in your communications to ProSocial Learning.

Pricing

All pricing is subscription-based and required for all users.  All subscriptions are automatically renewable at the end of the subscription period.  Users can cancel their subscription if they inform the site administrators three days before the next billing cycle.  All pricing is subject to taxes.

Access of ProSocial Learning

ProSocial Learning strives to give 24/7 access to its users.  ProSocial Learning will take all commercially reasonable efforts to provide uninterrupted access to the site and its content.

Trademarks; Warranty disclaimer, Limitation of Liability, Indemnification, termination, and Miscellaneous sections

Trademarks

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service-marks of ProSocial Learning.  Other product and company names mentioned in the Site may be the trademarks of their respective owners.

Disclaimers & Use of the Site

ProSocial Learning seeks to promote peer-coaching and instruction.  The site contains a mixture of content from various levels of knowledge.  ProSocial Learning does not vouch for the knowledge or expertise of any of its users nor is it responsible for the accuracy of the suers’ comments or posts.  ProSocial Learning may give links to third-party sources either directly or through courses or instructors.  ProSocial Learning does not control content of third-party source and does not endorse the content of third-party sources.

You also understand that ProSocial Learning cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

You assume total responsibility and risk for your use of the site and the internet.  ProSocial Learning provides the site and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and ProSocial Learning shall not be liable for any cost or damage arising either directly or indirectly from any such transaction.  It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. ProSocial Learning does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.

You understand further that the pure nature of the internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk.  ProSocial Learning has no control over and accepts no responsibility whatsoever for such materials.

Limitation of Liability
In no event will ProSocial Learning be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if ProSocial Learning or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, ProSocial Learning liability is limited to the greatest extent permitted by law.

ProSocial Learning makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site.  When you access a non-ProSocial Learning web site, please understand that it is independent from ProSocial Learning, and that ProSocial Learning has no control over the content on that web site.  In addition, a link to a ProSocial Learning web site does not mean that ProSocial Learning endorses or accepts any responsibility for the content, or the use, of such web site.

Indemnification

You agree to indemnify, defend and hold harmless ProSocial Learning, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

Third Party Rights.

The provisions of paragraphs Use of the Service and Indemnification are for the benefit of ProSocial Learning and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service.  Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Term & Termination. 

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs Copyright, Licenses and Idea Submissions, Use of the Service,  Indemnification, Third Party Rights and Miscellaneous shall survive any termination of this Agreement.

Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between ProSocial Learning and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. ProSocial Learning’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. ProSocial Learning may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.