Podclass Terms of Service Agreement

Before utilizing any of the services on www.podclass.com, please read and understand these Terms of Service.

  1. Podclass Services and Conditions of Use

These Terms of Service govern the use of the Podclass Web Site located at www.podclass.com (the "Site"). The term "PODCLASS" refers to Podclass, and all parent corporations, subsidiary corporations, and affiliates. The Site provides registered members (each a "Member") with access to content and services ("Membership"). PODCLASS may, at any time or from time to time, in its sole discretion, add, delete, or modify the Terms of Service with or without notice. By registering as a Member, you agree to use the Site in a manner consistent with all applicable local, state and federal laws and regulations and in accordance with the Terms of Service discussed below.

PODCLASS may terminate any Membership at any time, with or without notice, for conduct that violates local, state or federal laws or regulations, these Terms of Service or for content that PODCLASS, in its sole discretion, believes is harmful to other Members, the business of PODCLASS, or other third-parties. Members who have been terminated will be blocked from continued access and use of the Site and shall not be permitted to access or use the Site in any manner or for any reason without the express prior written permission of PODCLASS.

Certain course providers may offer a money back guarantee to Members enrolled in one or more of their courses. The terms and conditions of such money back guarantees are strictly and solely between such course provider and you. PODCLASS does not administer any such guarantees and shall not be financially or legally responsible for any such guarantees. In the event a course provider offers such a guarantee and a Member exercises their right to such guarantee, PODCLASS shall not be obligated to refund any fees charged and collected from either the course provider or the Member. PODCLASS strongly encourages course providers offering such guarantees to consult with legal counsel regarding federal, state and local rules and regulations regarding the offer of such guarantees. PODCLASS shall not be responsible for ensuring the compliance of any guarantees with applicable rules and regulations, and course providers providing such guarantees to Members agree to indemnify PODCLASS and its affiliates for and against any and all claims, costs, judgments, fees and expenses (including reasonable attorneys’ fees) related to such guarantees pursuant to Section 6 hereof.

  1. PODCLASS Member Web Page and Member Conduct Guidelines

The following is a non-exclusive list of actions and content that are prohibited on the Site. PODCLASS may cancel any Membership associated with such actions or content or may remove content containing any of the following items with or without prior notice, in its sole discretion:

    1. Any use of any third party intellectual property rights (copyrights, trademarks, patents, service marks or trade secrets, whether registered or not), without the express written consent of owner of such rights.

    2. Content that contains a virus, corrupted data or any other harmful or damaging component.

    3. Content that exploits the images of children under 18 years of age, or that discloses personal identifying information belonging to children under 18 years of age. PODCLASS reserves the right to report violations of this provision to, and will cooperate with, law enforcement authorities.

    4. Material that is, in PODCLASS's view sole and exclusive judgment, grossly offensive to the PODCLASS community, including, but not limited to clear expressions of bigotry, racism, or other hate speech, or threats of violence.

    5. Content promoting illegal activity and any promotion of or provision of instructions for illegal activity.

    6. Content that defames, abuses, or threatens any third party or is libelous.

    7. Content that is invasive of privacy or publicity rights, including posting another person's private information.

    8. Transmission of unsolicited advertising, promotional materials, or other forms of solicitation via email or news groups that lists a Member Web Page.

    9. Use of PODCLASS for the purpose of gathering personal identifying information from individuals for commercial or unlawful purposes.

    10. Acting in a manner which is disruptive to courses or other features offered by PODCLASS including, but not limited to, the harassment of other members, the use of vulgarity, or the use of hate speech.

    11. Conduct that is deemed by PODCLASS, in its sole and absolute discretion, harmful to PODCLASS, any third party content provider, or other individuals.

    12. Content regarding or links to any raffle, contest or game requiring payment of a fee by participants.

    13. Use of the PODCLASS services to conduct "spamming" activities or the sending of unsolicited messages.

If, in its sole discretion, PODCLASS determines that law enforcement officials or other necessary persons should be notified regarding any Member Web Page, PODCLASS will provide copies of the Member Web Page in question to the appropriate officials without notice to the user. PODCLASS will cooperate with all law enforcement efforts to locate persons who have posted Member Web Pages that are illegal or that promote illegal conduct. This may result in PODCLASS disclosing to law enforcement officials or other necessary persons user information and Internet protocol addresses pursuant to valid legal process (such as a court order, subpoena or search warrant), in circumstances where PODCLASS, in its sole discretion, deems appropriate at the request of law enforcement officials, or to protect the personal safety of our users or the public.

  1. Terms of Membership

Membership is available to anyone over the age of 13 who accurately provides all the required information and a legitimate electronic mail address.  PODCLASS does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, or sexual orientation. Children under the age of 13 can only register with the express consent of a parent or guardian. Before a child under 13 participates in an activity that requires the collection, retention, and use of personal information, we will also ask for a parent's e-mail address so that we can notify the parent that we have received personal information from their child. We also may ask for parental verification by accepting and verifying a valid credit card number. We do not knowingly collect names and e-mail addresses from children under thirteen without notifying the parent via e-mail and giving the parent the option to remove their child's e-mail address and other information from our database.

PODCLASS does not permit the use of vulgar or offensive language for your Member Name. You may not use the name of any person other than yourself, the name of any entity or organization, or any term that is a trademark, service mark, or copyright, or that violates any other intellectual property right held by another. PODCLASS may, at its discretion and with or without notice, delete or revoke any Membership using such language or in violation of any third party’s intellectual property rights.

  1. Reporting a Violation of these Terms of Service

Please notify PODCLASS of violations of the Terms of Service at abuse@podclass.com. Please note that PODCLASS is under no obligation to act or not act with regards to any complaint. Any action taken will be at PODCLASS’ sole and absolute discretion.

If PODCLASS becomes aware of the presence of content that may violate the rights of any party, either in the course of its ordinary and reasonable business activities, or through notification by a third party of the specific location of the alleged violation, PODCLASS will contact the Member responsible for the material and alert such Member the allegations and notify the Member that the Member must respond to PODCLASS as to why the content does not violate the rights in question. PODCLASS also will alert the Member that, absent such a response, PODCLASS reserves the right to delete the content; and, if the member fails to respond within five days, PODCLASS will make a decision whether to remove the content. In all cases, if in its sole and absolute discretion, PODCLASS concludes, in its sole and absolute discretion, that any content violates the rights of any other party, PODCLASS reserves the right to delete the offending content at any time with or without prior notice.

  1. Limitations of Liability and Warranty

a) THE MEMBER AGREES THAT THE USE OF THE SITE IS ENTIRELY AT THE MEMBER'S OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PODCLASS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, PODCLASS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE.

b) PODCLASS SHALL NOT BE LIABLE TO ANY MEMBER AS A RESULT OF SUCH MEMBER’S USE OR MISUSE OF THE SITE. PODCLASS SHALL NOT BE HELD LIABILE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF PODCLASS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM A MEMBER’S INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES OFFERED ON THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS BY REASON OF ANY INSTRUCTION, ADVICE, GUIDANCE OR DIRECTIONS RECEIVED THROUGH THE EDUCATIONAL CLASSES OFFERED ON THE SITE. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

c) PODCLASS MAKES NO IMPLIED, EXPRESS OR STATUTORY REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY OF THE SITE OR THE ABILITY TO STORE AND DISPLAY CONTENT ON THE SITE. PODCLASS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO CONTENT AS A RESULT OF A LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER CONTENT.

d) PODCLASS makes available certain information provided by third parties related to various professional fields such as medicine, law, and accounting. PODCLASS does not generate any of the content related to these fields and does not offer or provide any advice in any such fields. PDOCALSS does not review or verify the information offered by Members in these fields and does not endorse, qualify or verify any such information. ANY MEMBER RELYING ON SUCH INFORMATION SHOULD SEEK ADVICE FROM A PROFESSIONAL REGARDING INFORMATION RELATED TO ANY PROFESSIONAL FIELD.

  1. Indemnity and Release

Each Member agrees to indemnify PODCLASS, its officers, directors, shareholders, employees, agents and affiliates and any third-party content provider against any and all claims and expenses, including attorneys' fees, arising from the Member's use or misuse of the Site including, but not limited to, claims of infringement of intellectual property rights (copyright, trademark, patent and/or trade secret whether registered or not), content which a third party claims is libelous and claims or actions alleging content contains illegal information.

By using the Site and any other sites on PODCLASS you are hereby agreeing to release PODCLASS and its affiliates, officers, directors, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to PODCLASS products and services. You hereby agree to waive all laws that may limit the efficacy of such releases.

  1. Entire Agreement; Governing Law

The Terms of Service constitute the entire agreement between a Member and PODCLASS with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between PODCLASS and each Member with respect to the subject matter hereof. PODCLASS reserves the right to amend these Terms of Service at any time with or without notice. The laws of the State of California shall govern the Terms of Service, without giving effect to conflict of laws principles contained therein. Any and all disputes arising under these Terms of Service shall be brought in the state and federal courts located in San Diego County, California. Each Member acknowledges and agrees that San Diego, County California is a proper and convenient venue for resolving disputes under these Terms of Service.

  1. Podclass Fees and Cancellation:

The fees for Podclass are set forth at www.podclass.com/help/ and are subject to change from time to time with or without notice. Cancellation requests can be submitted via our ticketing system at support@podclass.com. Any and all fees paid for service up to the date of receipt of notice of cancellation are non-refundable. Accounts paid via credit card are subject to suspension if payment cannot be processed when the account is created. PODCLASS reserve the right to proceed with collection efforts to include pursuing payment in a court of law.  

Suspension:

Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension.

A suspension resulting in non-payment will require all past due fees to be paid and a re-activation fee of $100 US in order to re-establish service.

Refusal of Service:

We reserve the right to refuse, cancel, or suspend service at our sole discretion.