Terms of Service
+ Welcome to Girls + Data!
Girls + Data, Inc. (“Girls + Data,” “we,” “us,” “our”) provides its website located at https://www.learn.girlsplusdata.org, Classes (as defined below), Content (as defined below) and its other services (Collectively, the “Website” or “Site”) to users (“user”, “Parent(s)”, “you” or “your”), subject to the following Terms (as amended from time to time, the “Terms”). We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Website after the date any such changes become effective constitutes your acceptance of the new Terms.
Please read these Terms carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against Girls + Data on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
The Website is an online platform through which we may offer online classes for sale on the Website (“Classes”) for sale to users parents on behalf of their children, and users or parents on behalf of their children (to the extent applicable) may purchase such Classes for the benefit of their children.
1. Access and Use of the Website.
a) Website Description: Girls + Data provides Classes and Contents to users. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses). While Girls + Data strives to provide a safe and welcoming environment for its users, you agree that all of these risks are ultimately borne by you, and not Girls + Data. Girls + Data does not control the behavior of users or the quality of the Classes. As a result, Girls + Data cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Classes.
c) Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Girls + Data of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Website. Girls + Data will not be liable for any loss or damage arising from your failure to comply with this Section.
d) Modifications to Service: Girls + Data reserves the right to modify or discontinue, temporarily or permanently, your use of the Website (or any part thereof) with or without notice. You agree that Girls + Data will not be liable to you or to any third-party for any modification, suspension or discontinuance of the Website.
e) General Practices Regarding use and Storage: You acknowledge that Girls + Data may establish general practices and limits concerning use of the Website, including without limitation the maximum period of time that data or other content will be retained by the Website and the maximum storage space that will be allotted on Girls + Data’s servers on your behalf. You agree that Girls + Data has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Website. You acknowledge that Girls + Data reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Girls + Data reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
a) Course Fees. You agree to pay the fees for the Course you select (“Course Fees”) to the Girls + Data for the Courses you select on our Site in accordance with the terms of such course and price list at https://www.learn.girlsplusdata.org/collections?category=courses. You hereby authorize the Girls + Data to bill your payment instrument before you are allowed to attend the Courses, and you further agree to pay any charges so incurred. From time to time, we may change the fees for our Courses. Any increase in charges or Course Fees will not apply to the Courses that you have purchased prior to such increase.
b) Third-Party Payment Provider. Presently, all payments of Subscription fees will be made through PayPal (“Third-Party Payment Provider”). For the purpose of process of payment, users shall register and create their valid accounts in Third-Party Payment Provider and provide their valid credit, debit card or bank account information to Third-Party Payment Provider. The Girls + Data reserves the right (but not the obligation) upon notice of any potential fraud, unauthorized charges or other misuse of the Site, to place on hold any payment of Course Fees or refunds or arrange for Third-Party Payment Provider to do so. You will also be responsible for paying any taxes and handling fees that may apply to any purchase and you authorize the Girls + Data or any Third-Party Payment Provider that Girls + Data engages to charge you for any such taxes and fees.
3. Use of Site.
Subject to your compliance with this Terms, the Girls + Data hereby grants you a limited, personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to access the Site and use the content (including but not limited to any spreadsheets or other downloadable or accessible files), information, data, text, images, logos, icons, graphics, interfaces, site design, audio, and video clips, all content and information included in the alerts we sent to you and any other materials displayed on the Site (collectively, the “Content”), solely for your personal, non-commercial use and educational purpose, including accessing and downloading certain data depending on whether you select certain Courses and the Course you select. You may not copy, modify, reproduce, retransmit, publicly display or perform, distribute or otherwise use the Content except as expressly set forth in this Terms. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Terms, your authorization to use the Site and Content automatically terminates without notice to You.
You hereby represent and warrant that you will not, and will not induce or encourage any third-party to: (a) attempt to disable or circumvent any security mechanisms used by the Site or otherwise attempt to gain unauthorized access to any portion of the Site or any other systems or networks connected to the Site, or to any server of Girls + Data or its third-party service providers, by hacking, password “mining,” or any other illegal or unlawful means; (b) use any “deep-link,” “page scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy or monitor any portion of the Site or any Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Site or with any other person’s use of the Site; (d) track or seek to trace any information on any other person who visits the Site; use the Site or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Terms or applicable laws, rules or regulations; (e) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any proprietary software used to provide or maintain the Site or any Content or that is otherwise applicable to the Site or any Content; (f) remove, obscure or alter any legal notices, including without limitation notices of intellectual property rights appearing in or on the Girls + Data’s proprietary information or any materials delivered to you by Girls + Data; or (g) reproduce, distribute, display, modify or make derivative uses of the Girls + Data’s proprietary information or the Content, or any portion thereof (except for any Content for which you have been given written permission), except as expressly provided herein.
4. Intellectual Property Rights.
You hereby acknowledge and agree that the Girls + Data or its licensors own, control or possess all legal right, title and interest in and to the Website and all Content, including but not limited to any copyrights, trademark rights, patent rights, moral rights, and other intellectual property and/or proprietary rights therein, whether such rights are registered or unregistered, and wherever in the world those rights may exist. Your use of the Website or access to the Content does not grant or otherwise confer to your ownership of any kind in the Website or any Content that you may access on or through this Website. Unauthorized use is strictly prohibited.
5. Third-Party Websites.
The Website may provide, or third-parties may provide, links or other access to other sites and resources on the Internet. Girls + Data has no control over such sites and resources and Girls + Data is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Girls + Data will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. The third-party websites include but not limited to Thinkific at https://www.thinkific.com/. By using Girls + Data, you might also be subject to terms and conditions of such third-party websites, including but not limited to the terms and conditions of Thinkific at https://www.thinkific.com/terms-of-service/. Any dealings you have with third-parties found while using the Website are between you and the third-party, and you agree that Girls + Data is not liable for any loss or claim that you may have against any such third-party.
6. Indemnity and Release.
You agree to release, indemnify and hold Girls + Data and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Website, any Content, your connection to the Website, your violation of these Terms or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
7. Disclaimer of Warranties.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GIRLS + DATA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GIRLS + DATA MAKES NO WARRANTY THAT (I) THE SERVICE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
8. Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GIRLS + DATA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GIRLS + DATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE. IN NO EVENT WILL GIRLS + DATA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GIRLS + DATA IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE.
9. Choice of Law; Dispute Resolution; Class Action Waiver.
a) Choice of Law. The validity, interpretation, and performance of this Terms shall be controlled by and construed under the laws of the State of California without regards to its conflicts of laws principles.
b) Dispute Resolution/Acknowledgment of, and Terms to, Arbitration. Except as prohibited by law, any dispute or controversy regarding the enforcement or interpretation of this Terms will be resolved through binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association in Santa Clara County, California. THE PARTIES UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES THEY ARE WAIVING ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit the right of the parties to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration.
c) Class Action Waiver. Any arbitration under this Terms will take place on an individual basis; class arbitrations and class actions are not permitted. Neither You nor Girls + Data has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
You agree that Girls + Data, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Website and remove and discard any content within the Website, for any reason, including, without limitation, for lack of use or if Girls + Data believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Website, may be referred to appropriate law enforcement authorities. Girls + Data may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this Terms may be effected without prior notice, and acknowledge and agree that Girls + Data may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. Further, you agree that Girls + Data will not be liable to you or any third-party for any termination of your access to the Website.
11. User Disputes.
You agree that you are solely responsible for your interactions with any other user in connection with the Website and Girls + Data will have no liability or responsibility with respect thereto. Girls + Data reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other user of the Website.
12. General Terms.
a) Entire Terms. This Terms and any other terms or privacy policies referenced herein, is the entire agreement between you and the Girls + Data and supersedes any prior agreement or understanding regarding anything connected to that subject matter.
b) Amendment; Modification. Girls + Data may add to, change or remove any part of the Site, including, without limitation, any Content, at any time without prior notice to you. We also reserve the right to modify this Terms at any time. When we make changes to the Terms, we will revise the “Last updated” date at the top of the Terms and we will notify you of the changes by prominently posting a notice of such changes on the Site and/or be sending you an email. We encourage you to review this Terms whenever you visit the Site. By continuing to access and use the Site after any such changes have been posted, you are indicating your acceptance of such changes, even if you have not reviewed the changes.
c) Electronic Communications. Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by posting notices on our Site or by such other means as we may determine from time-to-time. 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 to the extent permitted by applicable law.
d) Waiver. Girls + Data’s failure to exercise, partially exercise or delay in exercising any right or remedy under this Terms shall not operate as a waiver or estoppel of any right, remedy or condition.
e) Severability. If any provision of this Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.
f) Assignment. You may not assign or otherwise transfer your rights, or delegate your performance, under this Terms to a third-party without Girls + Data’s prior written consent. Girls + Data may assign or transfer its rights or delegate any performance under this Terms to any third-party in its sole discretion.
g) Notice for California users. Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at firstname.lastname@example.org.
h) Comments and Concerns. The Site is operated by Girls + Data, Inc. Any feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: email@example.com.
Last Updated: March 1, 2021