Last modified: May 1, 2016
1. Welcome to Tenacity
Welcome to Tenacity. We are a product of Tenacity LLC.
Tenacity’s mission is to close college information gaps facing underserved communities (i.e. low income and first generation students). Tenacity uses online tools and content to ensure that everyone has the confidence and know-how to pursue higher education or to support others in doing so.
We strive to create a safe and productive environment for our users and have included this agreement to explain how we present and maintain that environment. “Users” are defined herein as a person or entity that uses Tenacity, including but not limited to students, mentors, counselors, licensees, institutions, and organizations. This Terms of Service agreement (the “Terms”) governs our relationship with users of Tenacity’s website, mobile text message feature, and mentorship component (collectively “the Service”). Your use of the Service constitutes an agreement by you to abide by the terms, notices, and conditions provided for in this agreement.
We reserve the right to change or modify the terms of this agreement at any time in our sole discretion and without notice. Your continued use of the Service will confirm your acceptance of the revised Terms.
2. Use of Service
The Service is intended for use by persons who are 13 years of age and older. Persons under the age of 13 are prohibited from using the Service. By using the Service, you represent that you are either: (1) 18 years of age; or (2) are between 13 years of age and 17 years of age, and have received consent from your parent or guardian. You also represent that you have not been previously suspended or removed from the Service.
Per regulations set forth by The Children’s Online Privacy Protection Act of 1998 (“COPPA”), we do not knowingly collect personally identifiable information online from children under the age of 13. If you become aware that your child, or any child, has provided us with their personal information, please contact the site administrator to have the user account terminated. If we become aware that a child under 13 has provided us with personal information, we will take steps to remove such information and terminate the child’s account.
We may, in our sole discretion, refuse or stop any person or entity from using the Service. We may, without notice and in our sole discretion, terminate your right to use the Service, and block or prevent your future access to and use of the Service.
3. Consent to Electronic Communications and Text Messages
When you register for the Service, you may choose to receive information, and other materials from Tenacity regarding our services and other offers from time to time. Such solicitations may take the form of mobile text messages, e-mail messages, or other forms.
Tenacity may periodically provide users with information and updates regarding user progress and status, which may be provided in the form of mobile text messages, however you may opt out of receiving these mobile text messages by contacting the site administrator.
By using the Service, you consent to receive, in electronic form via e-mail message, any notices, disclosures, or other information that we are required by law to provide to you in writing. However, you may withdraw your consent at any time by contacting the site administrator.
4. Privacy Protection
5. Password Security
It is your responsibility to maintain the confidentiality of your account information, including your username and password, and you are responsible for all use of the Service accessed through it and for all activities that occur under your account. Tenacity is not responsible for any loss or damage arising from your failure to protect or to keep confidential your username or password. You agree to notify us immediately of any unauthorized use of your account or any other actual or suspected breach of Service security.
7. Our Content and Copyright Notice
This agreement gives you a limited, nonexclusive, non-sublicensable license to access and use the Service for the limited purposes described in these Terms. Using the Service does not give you ownership of any intellectual property rights in the Service or related content. You may not use content from the Service, such as copying, distributing, or displaying it, unless you obtain our permission or are otherwise permitted by law. Any use of the Service other than as specifically authorized in these Terms or by prior written permission of Tenacity is strictly prohibited and will terminate the license to use Service granted in these terms.
The contents of the Service (including, but not limited to text, graphics, logos, and audio content) are protected under the copyright laws of the United States. You agree to abide by all copyright notices and/or restrictions contained in the Service. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Service.
8. Modifying and Terminating the Service and Effect of Termination
We reserve the right to modify or discontinue the Service and any of its features without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Service. This agreement is in effect until your service is terminated.
The Terms are effective until terminated by you or Tenacity, for any reason, with or without notice. In addition, Tenacity reserves the right to terminate the Terms and discontinue access to the Service and/or to discontinue providing any services thereon at any time for any reason, including, without limitation, as a result of your breach of the Terms.
You may terminate the Terms at any time, with or without cause, by contacting the site administrator. Upon any termination of the Terms you agree to discontinue your use and access of the Service.
Termination of the Terms shall terminate any licenses granted hereunder and your participation in or under any programs or services provided in connection with the Service. In addition, Tenacity shall have the right, but not the obligation, to immediately terminate your username and password to prevent you from further accessing the Service.
In the event that your account is terminated, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Notwithstanding the foregoing, all provisions of these Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
9. Disclaimer of Warranties
Other than expressly set out in these terms, Tenacity makes no specific promises about the Service, the specific functions of the Service, or its reliability, availability, or ability to meet your needs. The Service is available “as is,” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
In addition, while Tenacity attempts to provide a good user experience, we cannot and do not represent or warrant that the Service will always be secure, uninterrupted, or error-free. There may be delays, omissions, disruptions, inaccuracies, or imperfections in the information or other materials available through the Service.
Although we intend to take reasonable steps to prevent the introduction of viruses, worms, Trojan horses or other destructive materials to the Service, we do not guarantee or warrant that the Service or materials that may be downloaded from the Service do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on the Service and any materials available through the Service, you do so solely at your own risk.
We are not responsible for the availability or content or other services that may be linked to the Service. We do not make any representations, not do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this Service or available through links in this Service. We reserve the right to correct any errors or omissions in this Service.
10. Payment Information
Although Tenacity will use its best efforts to protect your credit or debit card information, we are not liable for any damages or harm attributable to the use of your credit or debit card information.
11. Limitation of Liability
WHEN PERMITTED BY LAW, TENACITY WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF TENACITY, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE.
IN ALL CASES, TENACITY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND TENACITY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
By agreeing to these Terms, you agree to indemnify, defend, and hold harmless Tenacity, its directors, officers, employees, affiliates, and licensors from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (1) your use of the Service; (2) your violation of these Terms; or (3) your violation of the rights of another.
13. Entire Agreement
Unless otherwise specified, these Terms constitutes the entire agreement between you and Tenacity with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Tenacity with respect to the Service.
14. Miscellaneous Terms
This statement does not confer any third party beneficiary rights.
Any dispute between you and Tenacity will be governed by these Terms and construed in accordance with the laws of the District of Columbia. Any lawsuit, by you or Tenacity against the other will occur in state or federal court located within the District of Columbia. You and Tenacity agree that the jurisdiction and venue of these courts is exclusive.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Failure to enforce these Terms, or any terms found within, does not constitute a waiver.
All rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. However, you agree not to transfer any of your rights or obligations under these Terms to anyone else without our consent.
If you have any questions or comments about our Terms, please contact us at firstname.lastname@example.org.
Effective date: May 1, 2016