Last updated April 28, 2020
Welcome to the Internet website https://www.thebeyondlimitsway.com (together with any materials and services available on the Site, including paid access to certain premium features or content (the “Member Services”), collectively, this “Site”), which has been developed and is controlled and maintained by Beyond Limits Academy, Inc., a California corporation (“BLA”). Please note that while this Site is owned and operated by BLA, the services provided on this Site may be performed by entities affiliated with or under contract to BLA. BLA and any and all such affiliated or contracted entities are collectively referred to herein as “we,” “us” or “our”.
IF YOU SUBSCRIBE TO MEMBER SERVICES, YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS YOUR INITIAL SUBSCRIPTION AT BLA'S THEN-CURRENT SUBSCRIPTION FEE UNLESS YOU DECLINE TO RENEW YOUR SUBSCRIBE IN ACCORDANCE WITH SECTION 8 BELOW.
Although BLA strives to provide Materials that are both useful and accurate, laws, regulations, data and other information change frequently and are subject to varying interpretations. In addition, the facts and circumstances of every situation differ. Accordingly, although BLA endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete. Further, the Materials should not be construed as professional advice on any subject matter, and availability or use of the Materials is not intended to create, and does not create, any professional services relationship. In certain cases, content available within a Member Service may become unavailable due to restrictions from our licensors or other legal or policy reasons. BLA will have no liability to you for any such unavailability.
The trademarks, logos and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of BLA, BLA’s licensors and suppliers, and others. Our Trademarks include Beyond Limits Academy, Driver’s Ed for Smart Phones and any associated logos. The Trademarks owned by BLA, whether registered or unregistered, may not be used in connection with any product or service that is not BLA’s, in any manner that is likely to cause confusion with BLA or in any manner that disparages BLA. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of BLA, BLA’s licensors or suppliers, or the third party owner of any such Trademark. Any use of the Trademarks, and all goodwill associated with such Trademarks, shall inure solely to the benefit of BLA, BLA’s licensors or suppliers, or the third party owner of such Trademarks. Misuse of any Trademarks is prohibited, and BLA will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
Our Forums are designed to facilitate the exchange of information between users. Information, products, services and other materials available on our Forums is provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with BLA (“Third Party Materials”). You acknowledge that a large volume of information, including Third Party Material, is available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither control, nor endorse, nor are we responsible for such messages or statements, or for any opinion, advice, information or other content or Third Party Materials made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the BLA community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of BLA. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information or Third Party Materials. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information or Third Party Materials.
We have no obligation to monitor the Site or the Forums, or any Submissions or other materials (including Third Party Materials) that you or other third parties transmit or post on the Site or the Forums. You acknowledge and agree that we and our affiliates have the right (but not the obligation) to monitor or analyze your access to or use of the Site and the Forums and the materials you transmit or post, including Submissions; to evaluate, alter or remove any such materials (including, without limitation, any Submissions or postings to a Forum) before or after they appear in a Forum; to disclose such materials and the circumstances surrounding their transmission to any third party for any reason or purpose, including in order to operate the Site and Forums properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.
Without limiting the generality of the foregoing, your use of the Member Services must be only for personal, non-commercial use. You agree not to use any Member Service, in whole or in part in connection with any public presentation even if no fee is charged (except where such use would not constitute a copyright infringement).
Certain Site functionality may make available access to Third Party Materials, or allow for routing or transmission of such Third Party Materials to you via links to other World Wide Web sites and resources. Because BLA has no control over such sites, resources or Third Party Materials, you acknowledge and agree that BLA is not responsible for the availability of such external sites, resources or Third Party Materials, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, including Third Party Materials. You further acknowledge and agree that BLA shall 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 such content, goods, services or Third Party Materials available on or through any such site or resource. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties.
When and if you register with the Site and/or purchase Member Services, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address and any additional information required if you purchase Member Services) and (b) maintain and update your information (including your email address, billing information, and any additional information required if you purchase Member Services) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your access to and use of all or any portion of the Site.
As part of the registration process, you may be asked to select a username and password. We may refuse to grant you, or require that you change, any username or password that you select in registering, including anything you select that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use or misuse of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly notify us and change your username or password. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
BLA recommends that you do not allow your child or teen to access your account or materials unsupervised. You are responsible for the actions, behavior, and compliance of all child and teen users for whom you are the legal guardian and/or to whom you have allowed access to your account.
While using the Site and/or Materials, you agree to comply with all applicable laws, rules and regulations, and that you will not:
If you find any Materials on the Site which you believe violate or are inconsistent with this Code of Conduct, please contact the Site administrator at [email protected]
When you use the Member Services, you further agree not to (and will not attempt to):
Third-Party Payment Providers. All payments will be processed via a third-party platform. BLA accepts payment via the current payment method indicated at time of purchase, which may include credit or debit card, and any other form of payment that BLA makes available to you from time to time. You agree to abide by any relevant Terms of Service or other legal agreement whether with BLA, Apple, Stripe, Google, PayPal or another third-party platform, that governs your use of a given payment processing method.
Membership Fees. Your membership may be paid for by one-time payment or via subscription fees. Subscription fees for the Member Services are recurring payments (except where identified as otherwise). The term may be monthly or annual, as described in the course of transaction. Your subscription begins upon payment of the first installment of subscription fees. The subscription renews monthly or annually as applicable upon the payment of automatically recurring subscription fees. Monthly or annual fees are charged on the same day of the month that the subscription began. (For example, if a monthly subscription began on the 29th, 30th, or 31st day of a month, then membership will renew on the last day of any month that does not have that many days.) One-time payments for specific materials or memberships will be purchased at checkout.
Prices for Member Services may change at any time, and BLA does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Member Services that you order. You will be notified of any increase in charges by BLA prior to your credit card being charged. Your credit card or other form of payment will be charged for the price and billing period listed on the relevant Member Services offer, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If you purchase any automatically renewing subscriptions, you agree that BLA will charge the payment method on file on the first day of each billing period for the relevant subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, BLA reserves the right to immediately revoke your access to any Member Services you have ordered until you update your payment method. If you fail to update your payment method within a reasonable amount of time, BLA may cancel your subscription.
Taxes. If BLA is required to collect or pay any taxes in connection with your purchase of Member Services, such taxes will be charged to you at the time of each purchase transaction or other appropriate time as applicable. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of Member Services. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase.
Cancellations and Refunds. You can cancel your Member Services at any time by contacting BLA at [email protected] If you purchase a subscription to Member Services that automatically renews, you may cancel the subscription at any time before the end of the current billing period and the cancellation will take effect on the next billing period, except as otherwise communicated to you by BLA. You will retain access to the Member Services from the time you cancel until the start of the next billing period, and will not receive a refund or credit for any remaining days in your current billing period. Unless otherwise specifically offered for a particular purchase, one-time purchases and subscription fees are final and nonrefundable. If BLA reasonably determines that a user has violated these Terms of Service, BLA may immediately terminate the subscription and the user’s access to Member Services without notice and without refund.
Important Notice With Respect to Products or Services on the Site. Descriptions or images of, or references to, products or services on the Site do not imply BLA’s endorsement of such products or services. We make no representations as to the accuracy, validity or timeliness of such descriptions, images or references. We reserve the right, without prior notification, to change such descriptions, images or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to BLA’s acceptance of any order. Price and availability of any product or service are subject to change without notice. It is your responsibility to follow all laws regarding the purchase and use of any product or service.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any of the materials hosted on the Site infringe your copyright, you (or your agent) may send us a notice by mail or e-mail, requesting that the material be removed or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send BLA a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site must be sent in writing to our Chief Financial Officer as follows: by mail to Copyrights c/o Chief Financial Officer, Beyond Limits Academy, Inc., 6114 La Salle Ave, Suite 510, Oakland, CA 94611; or by e-mail to [email protected] We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Please note that BLA may terminate any user who it reasonably believes to be a repeat copyright infringer.
We and our respective licensors and suppliers own the Site and the information and materials made available through the Site, which are protected by copyright, trademark, patent, and/or other proprietary rights and laws.
THE SITE, THE MATERIALS AND THIRD PARTY MATERIALS ON THE SITE AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THROUGH MEMBER SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
NEITHER BLA NOR ANY OF ITS AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS, SPONSORS, NOR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES MAKES ANY WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MEMBER SERVICES, OR ANY OF THE MATERIALS OR THIRD PARTY MATERIALS, NOR DO THEY WARRANT THAT YOUR USE OF THE SITE OR ANY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR SITE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL OR THIRD PARTY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR THIRD PARTY MATERIAL. YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ANY MEMBER SERVICES, MATERIALS, AND THIRD PARTY MATERIALS PROVIDED THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK.
NEITHER BLA NOR ANY OF OUR AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE (INCLUDING, WITHOUT LIMITATION, MEMBER SERVICES), MATERIALS AND/OR THIRD PARTY MATERIALS CONTAINED ON THE SITE OR ANY LINKED SITE AND/OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THROUGH MEMBER SERVICES, EVEN IF BLA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, THIRD PARTY MATERIALS, ANY LINKED SITE, PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, MEMBER SERVICES, IS TO STOP USING THE SITE, MATERIALS, THIRD PARTY MATERIALS, LINKED SITE, MEMBER SERVICE, PRODUCTS OR SERVICES, AS APPLICABLE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF (A) $100 OR (B) THE TOTAL AMOUNT PAID BY YOU TO BLA DURING THE 12-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS OR SPONSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
Under California Civil Code Section 1789.3, California Site users 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.
The Site is controlled and operated by BLA from its office in Oakland, California and is not intended to subject BLA to the laws or jurisdiction of any state, country or territory other than California and the United States of America. The Site is solely directed to individuals residing in the United States. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Member Services are not available in Cuba, Iran, Lebanon, Syria, North Korea, Libya, Sudan or Somalia, and you may not, and should not attempt to, purchase Member Services if you are located in any of those countries..
The supply of good and services through the Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, Syria or any other country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting country,” (2) you are on the U.S. Treasury Department's Specially Designated Nationals List, the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or any of the other U.S. government lists of restricted end users, or (3) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or any other country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting country,” or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List or any of the other U.S. government lists of restricted end users.