Updated: February 1, 2024
Please read this End-User License Agreement (“Agreement”) carefully before checking the “I have read and agree” checkbox or using Pops Classroom (the “Application”). By checking the “I have read and agree” checkbox or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. This Agreement is a legal agreement between you (either an individual or a single entity) and Advanced Solutions Visual Collaboration Systems, LLC (“VCS”) and it governs your use of the Application made available to you by VCS. If you do not agree to the terms of this Agreement, do not check the “I have read and agree” button and do not use the Application. The Application is licensed, not sold, to you by VCS for use strictly in accordance with the terms of this Agreement.
VCS offers licenses to customers and prospective customers of the Application if such customers or prospective customers are aged eighteen (18) or over. VCS does not offer licenses to customers or prospective customers under the age of eighteen (18), although parents or legal guardians may purchase licenses for use by their children who are under the age of eighteen.
VCS abides by the Children’s Online Privacy Act. If you are a parent or guardian and you provide consent for your child to register with VCS, you agree to be bound by these terms of service in respect of such child’s use of the Application.
License
VCS grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. You are not permitted to sell, transmit, host or otherwise commercially exploit the Application. You are not permitted to copy or use the Application for any other purposes except for personal, non-commercial purposes. You may not modify, decrypt, reverse compile or reverse engineer the Application.
The Application, its contents, and trademarks are exclusive intellectual property of VCS. VCS may regularly update the Application with new features, bug fixes, etc. as needed.
The Application is provided on an “AS IS” and “AS AVAILABLE” basis. VCS is not liable for any loss of work, disruption in service, or “glitches”/”bugs” that effect service. In no event shall VCS’s liability to any party exceed the purchase price of the Application. If you provide feedback and suggestions for the Application, VCS may implement the feedback or suggestions received without compensation or credits given to you. VCS is under no obligation to offer support of the Application at any time. However, if support is offered it is provided on an “AS AVAILABLE” basis determined solely by VCS.
Data
Licensee Data is owned exclusively by Licensee. Licensee grants VCS a non-exclusive, worldwide, royalty-free license to host, copy, use, display and transmit Licensee Data as appropriate for VCS to provide and ensure proper operation of the Software. Pursuant to VCS’s Privacy Policy, VCS will not release Licensee Data to third parties that contains identifying information that could associate the Licensee with the Data unless VCS is required to do so by law or court order. Licensee acknowledges and agrees that the Software may include a function which allows VCS access to certain data resulting from the use of the Software, including information about use patterns and other data deriving from the use or performance of the Software (“Information”), but only in the aggregate, anonymized form which cannot be readily linked to Licensee. VCS may use (during and after the Term) such Information to train AI modules and develop and improve the Software. All Information VCS collects through or in connection with the Software and your use thereof is VCS’s exclusive property which may be used to enhance services to Licensee, create new products or services, or as VCS otherwise so determines. VCS will not be obligated to make any payment of any sort to the Licensee relating to such use of the Information. VCS has no obligation to license back the Information to Licensee.
Third-Party Services
The Application may display, include, make available, or make use of third-party content (including data, information, applications and other products services) or provide links to third-party websites or services (“Third-Party Services”). You acknowledge and agree that VCS shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. VCS does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services. Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or VCS. VCS may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement will terminate immediately, without prior notice from VCS, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by sending written notice of intention to terminate to VCS. Upon termination of this Agreement, you shall cease all use of the Application. Data stored in the Application may be deleted by VCS upon termination. Any future use of the Application by you reestablishes this agreement.
Monetary refunds are available within 7 calendar days of the class start date regardless of your registration/subscription date upon your termination of the contract. The class start date is the publicized beginning date from the school.
Termination of this Agreement will not limit any of VCS’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Amendments to this Agreement
VCS reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material VCS is under no obligation to provide notice prior to any new terms taking effect. However, VCS will make available the revised Agreement for a period of five (5) business days prior to the changes taking effect. Revisions will be made available on https://www.support.powerofpublicspeaking.com/end-user-license-agreement. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
Governing Law
The laws of the Commonwealth of Kentucky, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Contact Information
If you have any questions about this Agreement, please contact us by emailing support@popsclassroom.com.
Entire Agreement
The Agreement constitutes the entire agreement between you and VCS regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and VCS. You may be subject to additional terms and conditions that apply when you use or purchase other VCS’s services, which VCS will provide to you at the time of such use or purchase.
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