ISBI360° Network Terms of Service
Welcome to the ISBI360° Network, which provides cutting-edge solutions for the sports & entertainment industry to grow your people, sell more of your inventory, and recruit the best and brightest talent for your team. Inspiration Sports Business Institute, LLC (ISBI) and ISBI360 LLC are both Kansas limited liability companies.
These terms and conditions ("Agreement” or “Terms”) are legally binding and govern your use of our websites and all our services. Throughout this document, the words “ISBI360°,” “ISBI” “ http://www.ISBI360.com” “http://www.ISBIvsn.com,” “us,” “we,” “our,” “Platform” or “Services” refer to ISBI360°, and our websites (“Sites”) or our services made available at the same website or on our web and/or mobile apps (“App”) and platforms. The words “you” and “your” refer to you, the user of the Services or Platform.
You agree to these Terms and Conditions and End User License Agreement (“Terms”), in their entirety, when you: (a) access or use the Site; (b) attempt to download and/or access the App/mobile browser; (c) register to browse the directory (“Directory”) of coaching, training, mentoring or certification services providers (“Coaches”) that provide coaching services (“Coaching Services”) or work with a Coach/trainer made available on the Site and through the App; (d) purchase and/or otherwise qualify for Services to be provided by and through the platform made available on the Site and through the App; (e) register for inclusion in our Directory as a Coach or user; and/or (f) access and/or download any of the text, material, coursework, audio, video or other content made available by and through the Site and/or App (collectively, “Content,” and together with the Site, App, Directory, Coaching Services, the “Services”).
The ISBI360° network services, and any content viewed through our services, is solely for your personal and non-commercial use. With your ISBI360° purchase we grant you a limited, non-exclusive, non-transferable, license to access the ISBI360° content and view your course(s) or program(s) through the service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you.
We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site and through the App, and you should review the Agreement prior to using the Platform or Services. By your continued use, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
“Client” means a person who purchases our uses a training/coaching/teaching/sales network/recruitment network or academy Subscription/Membership/membership on www.ISBI360.com or the App or any of our affiliated websites.
“Coach” means a person who maintains a Coach profile and works with Clients on the Platform as part of our Coaching Subscription/Membership, or otherwise performs Services on the Platform.
“Coach Content” means all Content that a Coach or ISBI360° representative posts, uploads, publishes, submits, or transmits to be made available through the Platform including any information or advice.
“Coaching Session” means an engagement (live or asynchronous), courses, consultation, or other Service between a Coach and a Client on the Platform or with a ISBI360° staff member.
“Content” means text, images, video, graphics, software, certification curriculum, music, audio, information, or other materials and may include Coach Content.
“Platform” means ISBI360°’s website (currently located at www.ISBI360.com ) and any successor and affiliated websites.
“Service” or “Services” includes ISBI360° Coach Connect, Coaches Corner, Big Ideas, Drill Sessions, Virtual Sales Network, Virtual Recruitment Network, Academy Chalk Talks, Company Research, Job Applications, articles, videos, and other Content.
“Subscription/Membership” is defined below in the section entitled “ISBI360° Subscription/Membership.”
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state, and federal indirect or other withholding, and personal or corporate income taxes.
This Website is offered and available to users who are 18 years of age or older. If you do not meet this requirement, you must not access or use the Website. This Website is controlled and operated by the Company from its offices in the United States. We make no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where its contents are illegal, is prohibited. Those who choose to access this Website from locations outside the United States are responsible for compliance with all applicable laws.
ISBI360° Subscription/Membership and Account
To access our Platform and Services and work with our certified curriculum, module offerings or coaches/trainers you must purchase a Subscription/Membership (a “Subscription/Membership”) or a group package dependent upon (providing you with?) your access to the platform. Once purchased, you will be prompted to create a unique account (“Account”) on the Platform and must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, within your community. Your Subscription/Membership may be suspended and/or terminated for misuse. During the creation of your Account, you will be asked to create a password to access the Platform. It is your responsibility to keep this password secure. You must notify ISBI360° immediately of any breach of security or unauthorized use of your ISBI360° Subscription/Membership. Although ISBI360° will not be liable for any losses or damages caused by any unauthorized use of your Account, you may be liable for the losses of ISBI360° due to such unauthorized use.
Once your training/coaching Session or your certified curriculum is purchased, you will receive a confirmation email summarizing your platform participation. We may store and continue billing your payment method (e.g. credit card) even after it has expired (can this be done?), to avoid interruptions in your Services and to use to pay other Services you may buy.
If you purchase a Subscription/Membership (if applicable to your purchase), your payment method automatically will be charged at the start of each Subscription/Membership period (for example, if for a monthly Subscription/Membership, you will be charged at the beginning of the succeeding month for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
If you have questions about cancelling your Subscription/Membership please contact us at help@ISBI360.com .
Coaching, Training and Certification-based Sessions and Assignments (if applicable)
You will be assigned a coach to your Account after paying your Subscription/Membership who will work with you individually to support your certificated curriculum, drill sessions and additional incremental coach session purchases. You are responsible for honoring and completing any confirmed Coaching/drill Sessions reserved through the Platform and for communicating with your Coach or manager on a consistent basis. You are also expected to work with your Coach to complete any reasonable actions requested of you. If your Coach cancels a booked Coaching Session he/she will request that you reserve a new time. If you are not satisfied with your Coach, please contact us at firstname.lastname@example.org.
If you enter into any agreement with a Coach/trainer outside the Platform, ISBI360° will not be a party to such agreement and disclaims all liability arising from or related to the same. You shall be responsible, at all times, for ensuring that You have a mobile device, Internet connection, wireless service plan and/or other equipment necessary to access and use the Services, and you must (i) obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access; and/or (ii) the App, you must obtain a mobile device, and a wireless service plan, sufficient to download and utilize the App. You must provide all equipment necessary to make such connection to the Internet, including a computer, mobile device and modem or other access device. We do not guarantee continuous, uninterrupted or secure access to the Site or Services or Platform or the quality, speed or availability of your mobile device’s Internet connection. Standard messaging, data and wireless access fees may apply to your use of the App. You are fully responsible for all such charges and we have no liability or responsibility to you, whatsoever, for any such charges billed by your wireless or network carrier.
We reserve the right to terminate the account of any User who infringes upon third-party copyright rights. If you believe that a copyrighted work has been copied and/or posted via the Site, App and/or other Service in a way that constitutes copyright infringement, you should provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site and/or App (or otherwise) of the copyrighted work that you claim has been infringed upon; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for our Copyright Agent for notice of claims of copyright infringement is as follows:
ISBI360 via email@example.com
The websites, advertisements, content, Platform, and Services are the property of ISBI360°, and are protected by all applicable copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the websites, advertisements, content, Platform, and Services, including all associated intellectual property rights, are the exclusive property of Mentored and/or its licensors. You will not edit, remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying these materials. Subject to your compliance with the terms and conditions of these Terms, ISBI360° grants you a limited, non-exclusive, non-transferable license, to (i) access and view any content solely for your personal and non-commercial purposes and (ii) access and view any Coach’s content and materials to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit the websites, advertisements, content, Platform, and Services except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise to any intellectual property rights owned or controlled by Mentored or its licensors, except for the licenses and rights expressly granted in these Terms.
ISBI360° Platform and its Services are intended solely for persons who are 18 or older. Any access to or use by anyone under 18 is expressly prohibited. By accessing or using the website, Platform, or any Services, you represent and warrant that you are 18 or older.
“ISBI360°”, “www.isib360.com”, Big Ideas, Chalk Talks, Drill Sessions, Coach Corner are trademarks used by us to uniquely identify our website, business, and service. You agree not to use these trademarks anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property, and includes prohibitions on any competition that violates the provisions of this paragraph. All trademarks, service marks, logos, trade names, and any other proprietary designations used herein are trademarks or registered trademarks of Mentored. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of our Services.
In connection with your use of our Content, Platform, and Services, you may not and you agree that you will not:
violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, and Tax regulations;
hack, crack, phish, SQL inject, or otherwise interfere with the integrity of the computer systems of our website, Service, or Users;
defraud, mislead, or otherwise act dishonestly;
copy, store, or otherwise access any information contained on the Platform, or within any Content appearing therein, for purposes not expressly permitted by these Terms;
use the Content, Platform or Services for any commercial or other purposes that are not expressly permitted by these Terms;
use the Content, Platform or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or Account numbers;
stalk or harass any other user of the Content, Platform or Services, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Client;
impersonate any person or entity, or falsify, or otherwise misrepresent yourself or your affiliation with any person or entity;
run any bots or other software to aggregate or browse our content, including but not limited to company or jobseeker profiles;
post fake or false information, whether it is about a job, company, or your own credentials as a job applicant;
infringe on anyone’s intellectual property rights;
otherwise act in a manner which is objectionable, or which may bring ISBI360° or Mentored into disrepute.
Termination, ISBI360° Subscription/Membership/Service Cancellation, and Severability
We may at any time without liability to you, with or without cause, and with or without prior notice: (a) terminate these Terms or your access to our Content, Platform, and Services, and (b) deactivate or cancel your Subscription/Membership. In the event we terminate these Terms, or your access to our Content, Platform and Services, or deactivate or cancel your ISBI360° Subscription/Membership, you will remain liable for all amounts due in connection with any Subscription/Membership you have purchased up to the date of such termination. You may cancel your ISBI360° Subscription/Membership at any time by sending an email to firstname.lastname@example.org. Please note that if your ISBI360° Subscription/Membership is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform. In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
Disclaimers; Limitation of Liability
IF YOU CHOOSE TO USE THE PLATFORM AND/OR THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT ISBI360° DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY COACH OR CLIENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ISBI360°, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, OR THROUGH THE PLATFORM OR COLLECTIVE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM OR SERVICES, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY COACHES OR CLIENTS. YOU UNDERSTAND THAT ISBI360° DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR SERVICES OR TO EVALUATE THE QUALITY OF ANY COACHING SESSIONS PRIOR TO THE TIME OF SALE. ISBI360° MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM OR SERVICES, INCLUDING, BUT NOT LIMITED TO, COACHES AND CLIENTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED OR OTHERWISE FACILITATED BY ISBI360°. NEITHER MENTORED, NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, MAKES ANY WARRANTY REGARDING THE QUALITY OF ANY COACHES, COACHING SESSIONS OR ANY OTHER SERVICES OR COLLECTIVE CONTENT, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE PLATFORM OR SERVICES.
ISBI360° TOGETHER WITH ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES, PROVIDE THE PLATFORM, SERVICES AND COLLECTIVE CONTENT “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ISBI360°, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER ISBI360°, NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, MAKES ANY WARRANTY THAT THE PLATFORM, SERVICES, OR COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE COACHES OR ANY COACHING SESSIONS INCLUDED THEREIN, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NEITHER ISBI360°, NOR ANY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND AFFILIATES, ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR (I) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM OR DURING THE COURSE OF YOUR USE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, DAMAGES ARISING FROM A PARTY’S WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR FRAUD (A) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY HEREUNDER FOR ANY LOST PROFITS OR LOST BUSINESS, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) EITHER PARTY’S MAXIMUM AGGREGATE LIABILITY FOR ANY DAMAGES CLAIM RELATING TO THIS AGREEMENT SHALL NOT EXCEED FIVE THOUSAND DOLLARS ($5,000).
Coach/Trainer and Client/Participant Interactions
You are solely responsible for your interactions with other Users including, but not limited to, Coaches, Managers, Owners, Teams, Students, Sponsors and/or other third parties. Because we are not involved in User interactions, in the event that you have a dispute with one or more Users, Coaches, Students, Sponsors and/or other third parties, you hereby release ISBI360°/Mentored including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. We reserve the right, but have no obligation, to monitor disputes between you and other Users, Coaches, Students, Sponsors and/or other third parties. We reserve the right to prohibit any conduct by Coaches, Students, Sponsors and/or other Users or remove any User Content from the Interactive Services, Site and/or App at any time and for any reason, in our sole discretion. In connection with your User Content, you agree not to: (a) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third party; (b) display any audio files, text, photographs, videos or other images containing confidential information; (c) display any audio files, text, photographs, videos or other images that may be deemed indecent or obscene in your community, as defined under applicable law; (d) impersonate any person or entity; (e) “stalk” or otherwise harass any person; (f) engage in unauthorized advertising to, or commercial solicitation of, Students, Coaches or other Users; (g) transmit any chain letters, spam or junk e-mail to other Users; (h) express or imply that any statements you make are endorsed by ISBI360° (i) harvest or collect personal information of Students, Coaches or other Users whether or not for commercial purposes, without their express consent; (j) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site, App or their respective contents; (k) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (l) remove any copyright, trademark or other proprietary rights notices contained on the Site and/or App; (m) interfere with or disrupt any of the Services or Platform or the servers or networks connected to same; (n) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (o) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (p) “frame” or “mirror” any part of the Site and/or App; (q) use metatags or code or other devices containing any reference to the Services in order to direct any person to any other website for any purpose; and/or (r) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the software used on or in connection with same.
Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your access to some or all of Services or Platform without notice, in our sole discretion.
Representations & Warranties
We make no representations or warranties as to the merchantability of our Content, Platform, or Services or fitness for any particular purpose. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this Agreement or our products, for reasons including, but not limited to, failure of our service, loss of income, negligence, or any tort or other cause of action. To the extent that applicable law restricts this release of liability, you agree that we are only liable to you for the minimum amount of damages that the law restricts our liability to, if such a minimum exists. You agree that we are not responsible in any way for offers made by third parties through our website. We are not liable for any failure of our service, including any failures or disruptions, scheduled or unscheduled, intentional or unintentional, on our website which prevent access to our website temporarily or permanently. You acknowledge and agree that our website may become unavailable at any given time, temporarily or permanently, with or without notice, and we will not be liable to you for any loss therefrom.
The provision of our service to you is contingent on your agreement with this and all other sections of this Agreement. Nothing in the provisions of this "Representations & Warranties" section shall be construed to limit the generality of the first paragraph of this section.
You agree to indemnify and hold harmless ISBI360° and its principals, shareholders, agents, officers, directors, consultants, and employees from or against third-party claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses arising from or relating to any third-party claim, suit, action or proceeding arising out of the breach of ISBI360°’s representations and warranties contained herein.
We may link to third-party websites from our own website including, among other things, coach websites or third-party payment processors. We have no control over, and are not responsible for, these third-party websites or their use of your personal information. We recommend that you review their privacy policies and other agreements governing your use of their website.
You consent to receive communications from us electronically. We will communicate with you by email (using the email address you provide to us either during the registration process or when you updated your email address) or by posting notices on this Platform. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition to, but not in limitation of the foregoing, except as explicitly stated otherwise, any notices to us shall be given by email.
Choice of Law
This Agreement shall be governed by the laws in force in the State of Kansas. The offer and acceptance of this contract is deemed to have occurred in the State of Kansas.
Dispute Resolution Provisions
The Agreement shall be treated as though it were executed and performed in Kansas, Kansas and shall be governed by and construed in accordance with the laws of the State of Kansas (without regard to conflict of law principles). Should a dispute arise concerning the Service or Platform, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Kansas, Kansas, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Mentored and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Mentored incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site and/or App, as applicable.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ISBI360° without restriction. This Agreement may not be assigned, in whole or in part, by a Coach, Owner, Team, Student, Sponsor, User or any other party without the prior written consent of ISBI360°, and such consent may be withheld for any reason or no reason.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Any inquiries about your rights under these Terms, or any other matters regarding your privacy, can be directed to email@example.com.
Last Modified: 1.18.2023