AENEA TERMS OF SERVICE
These Terms of Service cover the website Aenea, LLC (“Aenea”) operates located at https://www.latticeclimbers.com, downloadable content (as defined below), and other products and services that Aenea may provide now or in the future (collectively, the “Services”). Aenea’s Terms of Service are a legal contract between you (“you” and “your”) and Aenea regarding your use of the Services. Users of the Services are referred to individually as “User” and collectively as “Users”.
Please read Aenea’s Terms of Service carefully. By signing up for, accessing, browsing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by Aenea’s Terms of Service, including Aenea’s privacy policy.
If you are a parent or guardian and you provide consent for your minor (age 13 and older) to register with Aenea, you agree to be bound by these Terms of Service with regard to your minor’s use of the Services.
These Terms of Service include a binding arbitration provision, including a class action waiver.
ELIGIBILITY
Aenea’s website is not available to (A) minors under the age of 13, (B) minors over the age of 13 without approval of a legal parent or guardian, and (C) “BOTS” or other automated methods.
By using or registering an account for the Services, you represent that (A) you are a US resident age 18 years or older, or (B) you are a minor US resident age 13 years or older and your use of the Services has been approved by your parent or legal guardian, or (C) you are not a US resident, and are of legal age of consent to open an account under the laws of your country of residence. You also represent your registration and your use of the Services is in compliance with all applicable laws.
To use the Services, you must register for an account. You will be asked to create a password to access your account. You are solely responsible for maintaining the confidentiality of your password, and you agree to accept responsibility for all activities that occur under your account. You agree that the information you provide to Aenea, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify Aenea at [email protected].
BILLING
The membership fee will be billed on the day you sign up for membership. Membership will last for one year, after which your access will automatically expire unless renewed.
NO REFUNDS
Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the Services through the end of your current billing period.
NO ACADEMIC CREDIT
Participation in or completion of Aenea’s custom curriculum does not confer any academic credit. Aenea has no obligation to have curriculum recognized by any educational institution or accreditation organization.
CHANGES TO CONTENT OFFERINGS
Aenea offers individual lessons and modules containing multiple lessons. Aenea reserves the right to cancel, interrupt, or modify any lessons or modules.
SCHOOL PERSONNEL
For users registered as teachers, school leaders, aides, or other similar school personnel (“School Personnel”) accessing the Services on behalf of a school, school district, or other similar educational institution (an “Institution”), the Services are provided to you for educational purposes. You must use the Services in compliance with all applicable laws, rules, and regulations. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose, any portion of the Services.
INTERNATIONAL USE
Aenea operates the Services in the United States. If you choose to access our Services from locations outside the United States, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in the United States. You also agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services, if and to the extent local laws are applicable to use of our Services. If you are a minor age 13+, you confirm that you have received parental consent, if required in your jurisdiction, to open an account for Service and enter into these Terms of Service. The right to access and use the Services is not granted in jurisdictions, if any, where it may be prohibited, or where your use would render Aenea in violation of any applicable laws or regulations, including without limitation, applicable privacy laws.
PRIVACY POLICY
Your privacy is important to Aenea. Please read Aenea’s Privacy Policy, which is hereby incorporated into these Terms of Service.
MODIFICATION OF TERMS OF SERVICES
Upon opening an account, you accept the Terms of Service in the form posted on our website. Aenea reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms of Service at any time. Please check the Terms of Service periodically for changes that are made after you open your account. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms of Service, Aenea will make reasonable effort to provide notice to you of such amended Terms of Service, such as by an email notification to the address associated with your account. If you do not agree to the modified Terms of Service, you must discontinue your use of the Services. Disputes arising under these Terms of Service will be resolved in accordance with the version of the Terms of Service in place at the time the dispute arose.
DOWNLOADABLE CONTENT
The Services may permit you to download images, text, and PDF documents in support of the Services. (“Downloadable Content”). Subject to your complete and ongoing compliance with all the terms and conditions set forth herein, Aenea grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, print, view, and use the Downloadable Content on devices owned or controlled by you, solely for your personal, non-commercial purposes.
PROHIBITED CONDUCT
<strong>You agree not to:</strong>
use the Services for any commercial use or purpose unless expressly permitted by Aenea in writing, it being understood that the Services and related services are intended for personal, non-commercial use only;
rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer your registration with Aenea;
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, or perform any other fraudulent activity;
use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
defame, harass, abuse, threaten or defraud Users of the Services, or collect, or attempt to collect, personal information about Users without their consent;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent expressly permitted by Aenea herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
intentionally interfere with or damage operation of the Services or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
TERM AND TERMINATION
These Terms of Service shall remain in full force and effect while you use the Services unless your account is terminated as provided in these Terms of Service, in which case you no longer have the right to use the Services.
Aenea, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate any account you may have with Aenea or your use of the Services and remove and discard all or any part of your account or User profile at any time. Aenea may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have may be affected without prior notice, and you agree that Aenea will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Aenea may have at law or in equity. As discussed herein, Aenea does not permit copyright, trademark, or other intellectual property infringing activities on the Services, and will terminate access to the Services by any Users who are found to be repeat infringers.
Your only remedy with respect to any dissatisfaction with the Services or any term of these Terms of Service is to terminate your account. You may terminate any time (prospectively only) by deleting your login account with the Services and discontinuing use of any and all parts of the Services.
Termination of any User account will not limit Aenea’s rights and remedies regarding any breach of these Terms of Service occurring prior to such termination.
REPRESENTATIONS AND WARRANTIES
You warrant, represent and agree that you will not use the Services in a manner that (a) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Aenea in violation of any applicable laws or regulations, including without limitation, applicable privacy laws; or (b) jeopardizes the security of your account or the Services in any way, such as allowing someone else access to your account or password.
DISCLAIMERS
To the fullest extent permissible by law, Aenea disclaims any and all warranties and conditions of any kind, whether statutory, express, or implied. No advice or information, whether oral or written, obtained by you from Aenea or through the Services will create any warranties.
Aenea does not warrant that the Services or any data or other information offered on or through Aenea’s website will be uninterrupted, or free of errors, viruses, or harmful components and does not warrant that any of the foregoing will be corrected.
Aenea makes no representation or warranty that the Services will (A) meet your requirements or expectations or be to your liking, or (B) will be timely, secure, accurate, free from errors or loss, or uninterrupted, or (C) that the Services are free from viruses or other harmful components, or (D) that any defects or errors will be corrected.
The material provided on this website is for informational use only and is not intended for financial, legal, tax, accounting or investment advice. Aenea assumes no liability for any loss or damage resulting from one’s reliance on the Services provided. Please also note that such material is not updated regularly and that some of the information may not therefore be current. Consult with your own financial professional when making decisions regarding your financial or investment options. You should also consult your legal and/or tax advisors before making any legal or financial decisions.
You understand and agree that your use, access, download, or otherwise obtaining of content, website materials, software, or data through Aenea’s website is at your own discretion and risk, and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results therefrom.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
LIMITATION OF LIABILITY AND DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AENEA SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN AENEA, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT. IN NO EVENT SHALL AENEA’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THIRTY U.S. DOLLARS ($30) OR THE TOTAL AMOUNT OF FEES RECEIVED BY AENEA FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND AENEA, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO AENEA’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
NOTICE
Aenea may provide you with notices, including those regarding changes to the Terms of Service, by email. Notice will be deemed given twenty-four hours after email is sent, unless Aenea is notified that the email address is invalid.
WAIVER
The failure of Aenea to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by Aenea.
GOVERNING LAW
The Terms will be governed by and construed in accordance with the laws of the State of South Carolina, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
In order to expedite and control the cost of disputes, Aenea and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or these Terms of Service (“Dispute”) will be resolved as follows to the fullest extent permitted by law:
Notice. In the event of a Dispute, you or Aenea must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute by first class U.S. Mail to Aenea at 1000 Johnnie Dodds Blvd., Suite 103-303, Mount Pleasant, SC 29464 and also via e-mail to [email protected]. Aenea will send any Notice of Dispute to you by first class U.S. Mail to your address if Aenea has it, or otherwise to your email address. You and Aenea will attempt in good faith to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or Aenea may commence arbitration.
Binding Arbitration
Any Dispute which has not been resolved by negotiation as provided herein within sixty (60) days or such time period as you and Aenea may otherwise agree, shall be finally resolved by binding arbitration. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The place of arbitration shall be Charleston County, South Carolina. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor Aenea will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Arbitration Procedures. Any arbitration will be conducted by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time the Dispute is filed. You may request a telephonic or in-person hearing by following the JAMS Rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by JAMS is unavailable, Aenea and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service shall apply the JAMS Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief to you only individually, and only to the extent required to satisfy your individual claim.
Arbitration Fees
Whoever files the arbitration will pay the initial filing fee. If Aenea files, then Aenea will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
Filing Period. To the extent permitted by law, any Dispute under these Terms must be filed within one (1) year in an arbitration proceeding. The one-year period begins when the events giving rise to the Dispute first occur. If a Dispute is not filed within one year, it is permanently barred.
Venue. In the event that any Dispute cannot be resolved by binding arbitration, you agree that such Dispute will be filed only in the state or federal courts in and for Charleston County, South Carolina and each of you and Aenea hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding this, Aenea shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
Severability
If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment. The Terms of Service, and any rights granted hereunder, may not be transferred or assigned by you without Aenea’s prior written consent, but may be assigned by Aenea without consent or any restriction. Any assignment attempted to be made in violation of the Terms of Service shall be null and void.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms of Service, and will not be deemed to limit or affect any of the provisions hereof.
Entire Agreement. The Terms of Service and the Privacy Policy constitute the entire agreement between you and Aenea relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms of Service or Privacy Policy made by Aenea.
Disclosures. The Services are hosted in the United States, and the services provided hereunder are offered by Aenea: 1000 Johnnie Dodds Blvd. Suite 103-303, Mount Pleasant, SC 29464; [email protected].