Thank you for your interest in DebateDrills, LLC (“DebateDrills,” “we,” “us,” or “our”), which operates the website www.debatedrills.com (the “Website”), the DebateDrills Academy (www.academy.debatedrills.com), the Club Team, individual and group tutoring, educational services, and any other products and services we may provide now or in the future (collectively, the “Services”).
By using our Website and/or Services, you agree to be bound by the following Terms and Conditions which constitute a legal contract between you and DebateDrills. Please read these Terms and Conditions carefully before using our Services or our Website. If you do not agree to these Terms and Conditions, then you may not use our Website or Services.
If you are a parent or guardian and you provide consent for your child to use our Website or Services, you agree to be bound by these Terms and Condition with respect to your child’s use of our Website and Services.
Parent or Guardian Approval. By clicking the “I agree” button, creating an account, or otherwise using our Website and/or Services, you represent that you are either (a) 18 years of age or older, or (b) have approval from your parent or guardian.
Account. In order to use certain features of the Website, you must create an account with a username and password. You are solely responsible to maintain the confidentiality of your password. You agree that all information you provide to DebateDrills is true, current, and complete. You agree not to impersonate any person or entity, perform fraudulent activity, and use the Website and/or Services for any illegal, harassing, or otherwise inappropriate purpose.
Proprietary Materials. The Website and Services are owned and operated by DebateDrills, including but not limited to the graphics, design, information, code, content, videos, exercises, and all other elements of the Website and Services. DebateDrills reserves all rights to the Website and Services.
Personal Use. DebateDrills may make the Website and/or any Services available to you solely for your personal, non-commercial purposes. You may not record any Services for any purpose without express, written permission from DebateDrills. Unless expressly indicated otherwise, you may not download, distribute, sell, lease, modify, repost, or otherwise provide access to the Website and/or Services to any third party.
Recording and Use of Likeness. You hereby grant to DebateDrills the right and permission to use in perpetuity your name, likeness, image, voice, recorded voice, appearance, statements, performance, and/or testimonial (collectively, “Likeness”) in any manner and in any media, now known or later developed, throughout the world, at any time, for the purpose of advertising and publicizing DebateDrills’ products and services, without review, permission, or compensation of any kind or amount whatsoever. DebateDrills shall have complete ownership of any recording, product, copy, presentation or other material containing your Likeness, including copyright interests, and you acknowledge that you have no interest or ownership. This grant includes, without limitation, the right for DebateDrills to edit, abridge, augment, title, or create a compilation from my Likeness in whole or part as DebateDrills may elect in its sole discretion.
Opt Out of Recording and Use of Likeness. You may opt out of Section 5 of these Terms and Conditions exclusively by emailing email@example.com with a message that includes (1) your name; (2) your username on the Website, if any; (3) a statement that you wish to opt out of Section 5 regarding Recording and Use of Likeness of these Terms and Conditions. Any other efforts to opt out of Section 5 shall be invalid and shall have no effect.
No Refunds. Academy subscriptions and classes are non-refundable for any reason whatsoever, including, but not limited to, your change in plans, school or work schedule, internet outages, technical difficulties, or any other reason, unless the instructor fails to conduct the class or the Academy stops hosting through the website.
Term. These Terms and Conditions shall remain in full force and effect while you use the Website and/or Services. DebateDrills, in its sole discretion, for any or no reason whatsoever, and without penalty, may suspend or terminate any account you may have with DebateDrills or your use of the Website and/or Services and discard any or all of your account, profile, and user content at any time. DebateDrills may also stop providing Services at any time and without prior notice. You may terminate these Terms and Conditions by completely discontinuing use of the Website and Services in addition to deleting your account.
Indemnification. You agree, to the extend permissible under state and federal law, to indemnify, defend, and hold harmless DebateDrills and its contractors, employees, officers, directors, and any other affiliates from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind including legal fees and expenses, from any claim or demand made by any third-party relating to or arising out of your access or misuse of the Website or Services, your breach or violation of any of these Terms and Conditions, your failure to comply with any applicable laws including failure to obtain necessary parental consent, or your breach or alleged breach of any interaction, agreement, or policy between you and any other users of the Website and Services.
User Interactions and Release. DebateDrills is not responsible for the actions, content, information, or data of other third parties, including other users of the Website or Services. You are solely responsible for your interactions with any other users of the Website and services
No Warranties. THE SERVICES AND WEBSITE ARE PROVIDED “AS AS” AND “WILL ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, DEBATE DRILLS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEBATEDRILLS, THE WEBSITE, OR THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Content. DEBATE DRILLS DOES NOT WARRANT THAT THE WEBSITE, SERVICES, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. DEBATEDRILLS MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS, BE TO YOUR LIKING, BE FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER.
At Your Own Risk. YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, MATERIALS, SOFTWARE, OR DATA THROUGH THE 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 ANY RESULTING LOSS OF DATA.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL DEBATEDRILLS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES EVEN IF DEBATEDRILLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DEBATEDRILLS’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE OR SERVICES EXCEED THE AMOUNT YOU PAID TO DEBATEDRILLS, IF ANY. YOU ACKNOWLEDGE AND AGREE THAT DEBATEDRILLS HAS OFFERED THE WEBSITE AND SERVICES, AND ENTERED INTO THESE TERMS AND CONDITIONS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DEBATEDRILLS, AND THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DEBATEDRILLS.
Notice. DebateDrills may provide you with notices regarding changes to these Terms and Conditions by email, regular mail, posting on the Website, or other reasonable means.
Waiver. The failure of DebateDrills to enforce any right or provision of these Terms and Conditions will not constitute a waiver of any such right or provision. A waiver of any provision is only effective if in writing and signed by DebateDrills.
Governing Law, Venue, Jurisdiction. You agree that the Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction. You irrevocably submit to and consent to jurisdiction of and venue in the federal district court for the Southern District of California and in the courts of the State of California in San Diego County, California. A party may not object to the jurisdiction of any of those courts on the ground that it is an inconvenient forum or that it does not have jurisdiction.
Severability. If any provision of these Terms and Conditions is invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make such provision enforceable, and the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
Construction. The headings of these Terms and Conditions are for convenience only and are not to be considered in construing the Terms and Conditions. The language of these Terms and Conditions shall be construed according to its fair meaning and not strictly for or against any party.
Entire Agreement. These Terms and Conditions constitute the entire agreement between you and DebateDrills regarding the subject matter herein and will not be modified except in writing signed by both parties or by a change to these Terms and Conditions made by DebateDrills as set forth herein.
Contact. If you have any questions about these Terms and Conditions, you may reach DebateDrills by email at firstname.lastname@example.org.