Login/Register

Terms & Conditions

  • Home
  • Terms & Conditions
Shape Image One

This Terms of Service was last updated on October 29, 2020.

Terms of Service

 Welcome to Upskill & Grow, a division of Business Growth Strategies, Inc., an online learning community to master real-world skills. The Upskill & Grow, a division of Business Growth Strategies, Inc. website and service including (without limitation) all websites, mobile applications, and other interactive properties through which the service is delivered (collectively, the “Service”) are owned, operated, and distributed by Upskill & Grow, a division of Business Growth Strategies, Inc., Inc., a Delaware corporation (referred to in these Terms of Service as “Upskill & Grow, a division of Business Growth Strategies, Inc.” or “we” and through similar words such as “us,” “our,” etc.). By accessing any part of the Service, you agree to the terms and conditions described below (these “Terms of Service”), the terms and conditions of our privacy policy (the “Privacy Policy”), and any other legal notices published by us on the Service (collectively, the “Governing Documents”). If you do not agree to any of these terms, you should not use the Service. These Terms of Service apply to all users, including both users who are only viewing content available via the Service and users who have registered as members of Upskill & Grow, a division of Business Growth Strategies, Inc. If you are a business to business purchaser of Upskill & Grow, a division of Business Growth Strategies, Inc. for Teams, your access and use of the Service are additionally subject to the Master Services Agreement which is located here on our website.

We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you agree to such modifications. These Terms of Service were last modified as of October 9, 2020.

 

Description of Service

 

The Upskill & Grow, a division of Business Growth Strategies, Inc., Service allows students to participate in classes.

We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.

 

Copyright, Licenses, and User Submissions

The entire contents of the Service are protected by international copyright and trademark laws and other proprietary rights. The copyrights and trademarks owners are Upskill & Grow, a division of Business Growth Strategies, Inc., its affiliates, and/or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SERVICE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Service solely for your non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials and not to share any material that you paid for with anyone else who has not also purchased a license for that material.

You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorized by Upskill & Grow, a division of Business Growth Strategies, Inc. in writing. You may not engage in practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by Upskill & Grow, a division of Business Growth Strategies, Inc. in writing. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Upskill & Grow, a division of Business Growth Strategies, Inc., or its affiliates without express written consent. You may not use meta tags or any other “hidden text” utilizing the Upskill & Grow, a division of Business Growth Strategies, Inc. name or trademarks without the express written consent of Upskill & Grow, a division of Business Growth Strategies, Inc.

Content submitted by users for inclusion on the Service (including, without limitation, any information submitted on message boards, forums, or other public areas of the Service) is sometimes referred to in these Terms of Service as “User Submissions.” Whether or not any User Submission is published, it will be subject to these Terms of Service. Upskill & Grow, a division of Business Growth Strategies, Inc., does not guarantee any confidentiality concerning a User Submission, regardless of whether or not it is published. You are solely responsible for your User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all content included therein), including the right to authorize Upskill & Grow, a division of Business Growth Strategies, Inc., to use the User Submissions in the manner contemplated by the Service and these Terms of Service.

You hereby grant to Upskill & Grow, a division of Business Growth Strategies, Inc. a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any User Submissions or any other materials or information (including, without limitation, ideas for new or improved products or services) you communicate to Upskill & Grow, a division of Business Growth Strategies, Inc. by all means and in any media now known or hereafter developed. You also grant to Upskill & Grow, a division of Business Growth Strategies, Inc., the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no recourse against Upskill & Grow, a division of Business Growth Strategies, Inc., for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Upskill & Grow, a division of Business Growth Strategies, Inc.

We neither endorse nor assume any liability for the contents of any User Submission. We generally do not pre-screen, monitor, or edit User Submissions. However, our agents and we have the right at their sole discretion to remove any User Submission or other content that, in our judgment, does not comply with these Terms of Service and any different rules of user conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any such User Submission or other content. You hereby consent to such removal and waive any claim against us arising from such removal of any User Submission, whether it is your own or other users. See “Copyrights, Licenses, and User Submissions” above for a description of the procedures to be followed if any party believes that a User Submission infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.

Upskill & Grow, a division of Business Growth Strategies, Inc., will not tolerate violations of intellectual property rights on the Service. Suppose you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights. In that case, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To provide Upskill & Grow, a division of Business Growth Strategies, Inc., a notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of  admin@upskillgrow.pro that sets forth the information specified by the DMCA.

 

Account Terms

The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:

  1. You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not use the Service under any circumstances or for any reason.
  2. You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
  3. You are responsible for maintaining the security of your account and password. We view any actions taken by your account as accepted by you. Upskill & Grow, a division of Business Growth Strategies, Inc., will not be liable for any loss or damage from your failure to comply with this security obligation.

 

Changing Fees

We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change.

 

Rules for All Users

Upskill & Grow, a division of Business Growth Strategies, Inc., is an of learners. When you sign up for the Site, you agree to the following rules:

  1. You will use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.
  2. Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service.
  3. You will not upload any copyrighted, trademarked, or proprietary materials on the Service without the owner’s expressed permission. You will not post any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party.
  4. You assume full responsibility for the content of the Service offered.
  5. You understand that classes posted are publicly available to be viewed and accessed by any student.
  6. You agree that you will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  7. You will not share content from the Service with anyone who is not properly licensed to access the content.
  8. You will not upload, share, post, distribute or otherwise partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.
  9. You will not partake in any behavior that victimizes, harasses, degrades, or intimidates individuals or groups of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability.
  10. You will not share software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
  11. You will not impersonate any person or entity, including any of our employees or representatives.
  12. You will not use your account to breach another account’s security or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.

Specific Rules for Students

When you enroll in a class on the Site, you agree to the following rules:

  1. You will accept all of the terms and conditions, including the cancellation policy listed in the Service, when you agree to enroll in or access a class on Upskill & Grow, a division of Business Growth Strategies, Inc.
  2. You will follow all reasonable rules set by a teacher concerning a class, and you will not take any actions to interfere with the teacher or any other students in the course.
  3. You may access class content for your information and personal use only.
  4. You will not copy any materials or techniques for purposes of your own or others’ classes, or for interfering with any course or the teacher’s ongoing relationship with any students participating in such study.
  5. Upskill & Grow, a division of Business Growth Strategies, Inc., reserves the right to delete or suspend your account if you violate any of our rules, or at any time and for any reason.

 

Data Policy

When a student takes a class on Upskill & Grow, a division of Business Growth Strategies, Inc., we will share the student’s username and profile with the teacher for the purpose of teaching these students on Upskill & Grow, a division of Business Growth Strategies, Inc. By enrolling in a class on Upskill & Grow, a division of Business Growth Strategies, Inc., a student grants to us permission to share that student’s information with the teacher. The teacher is required to respect the privacy of the student. The teacher has a limited license to use this information only for Upskill & Grow, a division of Business Growth Strategies, Inc.-related communications or for Upskill & Grow, a division of Business Growth Strategies, Inc.-facilitated transactions. The teacher may use that personal information for no other purpose, such as sending unsolicited commercial messages or unauthorized transactions. Without express consent from that person, you must not add any Upskill & Grow, a division of Business Growth Strategies, Inc., misuse any student’s personal information. Remember that you need to comply with all relevant legal rules when you use Upskill & Grow, a division of Business Growth Strategies, Inc. This includes applicable data protection and privacy laws that govern how you can use another Upskill & Grow, a division of Business Growth Strategies, Inc. user’s information.

Cancellations and Refunds

Upskill & Grow, a division of Business Growth Strategies, Inc., is not responsible or liable for any refunds purchases on the Service.

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 the benefits of your Upskill & Grow, a division of Business Growth Strategies, Inc. use through the end of your current billing period.

 

Cancellations

You may cancel your Upskill & Grow, a division of Business Growth Strategies, Inc. Premium Membership at any time for any or no reason. Suppose you have canceled your Upskill & Grow, a division of Business Growth Strategies, Inc. Membership. In that case, you will lose access to all Premium features and during your Upskill & Grow, a division of Business Growth Strategies, Inc.

Upskill & Grow, a division of Business Growth Strategies, Inc. Rights

Upskill & Grow, a division of Business Growth Strategies, Inc., reserves these rights:

  • We can make changes to the Upskill & Grow, a division of Business Growth Strategies, Inc. Site and Services without notice or liability.
  • We have the right to terminate your membership, account, payment, or other affiliation with the Service at any time and for any reason. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Upskill & Grow, a division of Business Growth Strategies, Inc., in that jurisdiction.
  • We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
  • We have the right to remove a teacher from the Partner Program at any time, without prior notice, at our sole discretion, should we identify that their account is associated with behavior that we deem to violate our rules or guidelines.
  • We have the right to reject, cancel, interrupt, remove, or suspend any class, comment, or other posted comment at any time and for any reason.

Upskill & Grow, a division of Business Growth Strategies, Inc., is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

 

Disclaimer of Warranties

THE SERVICE AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CLASS THAT YOU ATTEND VIA THE SERVICE, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICE, ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE. THE CONTENT INCLUDED ON THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.

THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Service, you may have the opportunities to engage in commercial transactions with other users and vendors, including (without limitation) students and teachers. You acknowledge that all transactions relating to any class or other merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY CLASS, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through the Service or presented at any class represents the opinions and judgments of an information provider, user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Upskill & Grow, a division of Business Growth Strategies, Inc. spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various Service sections for further information, which policies are incorporated by reference into these Terms of Service.

The Classes offered on Upskill & Grow, a division of Business Growth Strategies, Inc., is offered directly by the teachers. Upskill & Grow, a division of Business Growth Strategies, Inc., is not responsible or liable for any information on its Service listings or profiles. Upskill & Grow, a division of Business Growth Strategies, Inc., is not responsible for any changes made to a class by the teacher.

You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of the Service’s use. Therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the Service is provided “AS IS” and assume no responsibility for the timeliness, deletion, improper-delivery, or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability

IN NO EVENT SHALL WE OR ANY OTHER UPSKILL & GROW, A DIVISION OF BUSINESS GROWTH STRATEGIES, INC. PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.

FURTHER, NEITHER WE NOR ANY OTHER UPSKILL & GROW, A DIVISION OF BUSINESS GROWTH STRATEGIES, INC. PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY CLASS OR OTHER THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY TRANSACTION BETWEEN A STUDENT AND TEACHER.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and the other Upskill & Grow, a division of Business Growth Strategies, Inc. Parties harmless from all liabilities, claims[, and expenses, including attorneys’ fees, that arise from your violation of these Terms of Service or any of the other Governing Documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to your indemnification. In this event, you will cooperate with us in asserting any available defenses.

 

Miscellaneous

You agree that the Service shall be deemed a passive interactive service based solely in Georgia and shall not give rise to personal jurisdiction over Upskill & Grow, a division of Business Growth Strategies, Inc., either specific or general, in jurisdictions other than Georgia. Together with the Privacy Policy and the other Governing Documents, these Terms of Service shall all be governed and construed in accordance with the State of Georgia’s internal laws, without regard to conflicts of law principles. You agree that any legal action or proceeding between Upskill & Grow, a division of Business Growth Strategies, Inc. You for any purpose concerning these Terms of Service, the Privacy Policy, the other Governing Documents, or your use of the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Georgia, Georgia.

Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

You and Upskill & Grow, a division of Business Growth Strategies, Inc. agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). A sole arbitrator will handle our arbitration in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Upskill & Grow, a division of Business Growth Strategies, Inc., are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.

These Terms of Service, together with the Privacy Policy and the other Governing Documents, constitute the entire agreement between you and Upskill & Grow, a division of Business Growth Strategies, Inc., concerning the Service and the services provided by Upskill & Grow, a division of Business Growth Strategies, Inc. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. Upskill & Grow, a division of Business Growth Strategies, Inc.’s failure to insist upon or enforce strict performance of any provision of these Terms of Service or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. Upskill & Grow, a division of Business Growth Strategies, Inc., may assign its rights and duties under these Terms of Service or any of the other Governing Documents to any party at any time without notice to you.

Most communication between Upskill & Grow, a division of Business Growth Strategies, Inc., and you will be sent and received electronically. You agree that all electronic communication between Upskill & Grow, a division of Business Growth Strategies, Inc., and you shall satisfy any legal requirements that such communications be in writing.

Any rights of Upskill & Grow, a division of Business Growth Strategies, Inc. not expressly granted herein are reserved.