This Membership Agreement (this “Agreement”) contains the terms and conditions that apply to an individual's or an entity's Membership (the “Membership”) with REC Academy LLC.
- General Terms: In this Agreement, "we", "our", "us", and "The Company" mean REC Academy LLC, a Georgia limited liability company, and its affiliates. “You” or “your” means the individual or entity applicant accepting these terms for the Membership. Your benefits and participation in the Membership is governed by this Agreement and by the policies, guidelines, and other information on our website, each of which may be modified periodically in the discretion of the Company. In the event of any conflicts between this Agreement and other information on our website, this Agreement will control your participation and benefits in the Membership.
- No Obligation: Your enrollment in the Membership creates no obligation for you to participate in the information exchange in our open electronic forums; to use or apply the educational information offered by us or other members in our forums; or to interact with service providers who participate in our forums. Your Membership entitles you to access educational materials and information presented by us and other members in an exclusive and focused online learning environment.
- Enrollment in the Membership: To enroll in the Membership, you must (i) complete the required fields in the Membership application, (ii) indicate your consent to this Agreement by clicking ‘I Agree’ to the Terms & Conditions box on the application page, and (iii) paying the Membership fee associated with your desired level of Membership.
- Membership Status & Confirmation: Following your complete enrollment into the Membership, you will receive a confirmation of your Membership status and an invitation to our private electronic forum with the options, tools, and resources associated with your specific Membership account. All future services, interactions, offerings, notifications, and resources from the Company to you will receive the Membership benefits associated with your Membership level.
- Membership Fee Payment: Your payment of the Membership Fee will be processed through a third-party payment processor, and their terms and conditions shall apply to any payments processed via their third-party systems. You agree to indemnify and hold harmless the Company from any errors in processing that occur between you and them. Your membership fee is nonrefundable.
- Own Use. You expressly understand and agree that your Membership entitles your own use of the educational information and access to the forums offered by the Company, and your Membership is not for resale, sublicensing, or free sharing with other individuals or entities. The Company reserves the right to terminate Membership for members violating this condition.
- Revisions & Continued Use: We reserve the right to change any of the administrative terms and conditions contained in this Agreement, including the policies, guidelines, or other information on the website, at any time and in our sole discretion. Any future changes to our terms will be distributed by a change notice, posted on our website, or posted in your Membership account. You are responsible for reviewing any new terms and conditions. Your continued Membership after the notification and posting of any changes to the Company’s terms and conditions will be deemed your acceptance of such changes.
- No Advertising: You agree not to use the websites or electronic forums offered and supported by us for your own unsolicited self-promotion or advertising for yourself or your company’s products or services. Our forums will facilitate natural networking and referral opportunities. Direct responses to direct requests for referrals and introductions will be allowed in the discretion of the forums’ moderators and facilitators, but we reserve the right to remove any content that, in the sole discretion of the moderators, is deemed to be unsolicited, public promotion of you or your company.
- Relationship of Parties: Nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship, or any kind of exclusive relationship, between the Company, our Members or any third parties referenced in the forum.
- Operations and Interruptions: We will provide our proprietary and customized content periodically. The Company will also support electronic forums for the exchange of ideas and information through the use of privately hosted and third party hosted websites. We will not be liable if for any reason our privately hosted or third party hosted websites are unavailable at any time or for any period. Periodic technical difficulties and service interruptions shall not invalidate this Agreement or justify a refund, in whole or in part, of prepaid Membership Fee. From time to time, we may restrict access to some parts or all our websites or public forums for maintenance, upgrades, content filtering, etc. The Company will use its best efforts to provide notification in advance regarding upcoming site maintenances and to conduct such maintenance during off-peak usage hours.
- Disclaimers and Liability: THE WEBSITES AND ALL WEBSITE CONTENT SUPPORTED BY THE COMPANY IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. THE COMPANY MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT POSTED BY THE COMPANY OR BY ANY OTHER MEMBERS, AND (3) THE PERFORMANCE OR OUTCOME OF YOUR USE OF ANY PRODUCTS, SERVICES, INFORMATION, OR IDEAS ASSOCIATED WITH THE WEBSITES OR WEBSITES’ CONTENT. THE COMPANY FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF SITE CONTENT.
- Intellectual Property, Software and Content: The intellectual property rights in all software and content (including photographic images and the Company’s tradename, trademarks or logos) made available to you through the Company’s Websites remain the property of the Company or its licensors and are protected by copyright laws and/or international treaties. All such rights are reserved by the Company and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or reproduce, in any format, any of the content or copies of the content supplied to you or which appears on the Company’s websites or electronic forums nor may you use any such content in connection with any independent business or commercial enterprise.
- Misuse: You must not misuse the Company’s websites. You understand and agree you will not: commit or encourage a criminal offense; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; penetrate into any aspect of the Company’s websites; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through the Company’s websites. Breaching this provision would constitute a criminal offense and the Company will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
- Miscellaneous: This Agreement is governed by the laws of the State of Georgia, without reference to the state or country of the Member’s residence or rules governing choice of laws. You specifically submit to personal jurisdiction to the courts of the State of Georgia in the event of any legal controversy. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent from the Company. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently. We will send all notices and other communication to you at the e-mail address you listed in your Membership application. You must send all notices and other communication relating to the Company by using the Contact Us form, available on any page in our websites. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire agreement between the parties with respect to your Membership and supersedes any previous agreements and understandings.