END USER AND LICENSE AGREEMENT

1. Description of Service and Acceptance of Terms

Voice of Choice, “Subdue the Bully,” a non-profit organization incorporated in the state of Pennsylvania, (“Voice of Choice,” “we,” or “us”) provides structured and specific teaching modules to help empower individuals to address bullying/life events through education and awareness.

Use of the Voice of Choice services (including access to the Content) is subject to compliance with these Terms. Therefore, by visiting the Voice of Choice Site or using any of the Voice of Choice Services through any other Access Point, you are agreeing to these Terms.

2. Changes to These Terms

We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Voice of Choice Services work or changes in the law. You should look at these Terms regularly, which are posted on the Voice of Choice Site at https://subduethebully.org/ and are accessible via a link at the bottom of every page. If we make a material change to these Terms, we will notify you by posting notice of the change on the Voice of Choice Site. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the change taking effect. Therefore, it is very important that you keep your account information, including email address, updated. Material changes to these Terms shall be effective automatically 30 days after they are initially posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.

3. Access and Use of the Voice of Choice Services

• Your License. Voice of Choice is pleased to grant you a non-exclusive, non-transferable, limited license to use the Voice of Choice Services purchased, including accessing and viewing the Content for personal, educational or corporate purposes as set forth in these Terms.

• The Content. You may only access and view the Content personally, or for an educational or corporate purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Voice of Choice in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by Voice of Choice in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by Voice of Choice. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless it is expressly permitted by Voice of Choice in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.

• You agree that Voice of Choice owns and retains all rights to the Voice of Choice Services. You further agree that the Content you access and view as part of the Voice of Choice Services is owned or controlled by Voice of Choice.  The Voice of Choice Services and the Content are protected by copyright, trademark, and other intellectual property laws.

• Your Responsibilities. In order for us to keep the Voice of Choice Services safe and available for use, we all have to follow the same rules. You and other users must use the Voice of Choice Services for lawful and appropriate purposes only. Your commitment to this principle is critical. You agree that you will not use the Voice of Choice Services in a way that:

• Violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
• Uses technology or other means to access, index, frame or link to the Voice of Choice Services (including the Content) that is not authorized by Voice of Choice (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the Voice of Choice Services);
• Introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• Damages, disables, overburdens, impairs, or gains unauthorized access to the Voice of Choice Services, including Voice of Choice’s servers, computer network, or user accounts;
• Uses the Voice of Choice Services to advertise or promote services that are not expressly approved in advance in writing by Voice of Choice;
• Collects information in violation of Voice of Choice’s Privacy Policy;
• Encourages conduct that would constitute a criminal offense or give rise to civil liability;
• Violates these Terms or any guidelines or policies posted by Voice of Choice;
• Interferes with any other party’s use and enjoyment of the Voice of Choice Services; or
• Attempts to do any of the foregoing.

If Voice of Choice determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Voice of Choice Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Voice of Choice Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

• Software Downloads. In order to participate in certain Voice of Choice Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

• Suspension/Discontinuation. We hope not to, but we may change, suspend, or discontinue – temporarily or permanently – some or all of the Voice of Choice Services (including the Content and the devices through which the Voice of Choice Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that Voice of Choice may do so in Voice of Choice’s sole discretion. You also agree that Voice of Choice will not be liable to you for any modification, suspension, or discontinuance of the Voice of Choice Services, although if you are a Voice of Choice subscriber and Voice of Choice suspends or discontinues the Voice of Choice service, Voice of Choice may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account.)  However, if Voice of Choice terminates your account or suspends or discontinues your access to Voice of Choice Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.

• Access Charges. You are responsible for any costs you incur to access the Voice of Choice services.

4. Voice of Choice Subscriptions and Billing

 It is our mission to provide users with our content in a format that is the most easily accessible to them.  Whether you are accessing the content online or through hard-copy format, the content will be available for the specific time-period indicated in your agreement.

• By providing a credit card or other payment method accepted by Voice of Choice (“Payment Method”) for your Voice of Choice subscription, you are expressly agreeing that we are authorized to charge you a subscription fee as follows:
• Voice of Choice, Subdue the Bully: Anti-Bullying Workshops 1,2,3,4 Package Fee: $5,695.00
• Voice of Choice, Professional Perspective: Professional/Corporate Coaching Workshop 1,2,3

Package Fee: $4,695.00

• Voice of Choice, Student Perspective: Mentor Workshop 1,2,3

Package Fee: $3,695.00

• Voice of Choice, Speaking Engagement

• Unpaid Amounts. In order to sustain the Voice of Choice service, it is important that each user of the Voice of Choice service honors the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with your Voice of Choice service. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. 

5. Trademarks

Voice of Choice, the Voice of Choice logo, and other Voice of Choice marks, graphics, logos, scripts, and sounds are trademarks of Voice of Choice.  None of the Voice of Choice trademarks may be copied, downloaded, or otherwise exploited.

6. Unsolicited Submissions

 It is Voice of Choice’s policy not to accept unsolicited submissions, including scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts.  Voice of Choice’s policy is to delete any such submission without reading it.  Therefore, any similarity between an unsolicited submission and any elements in any Voice of Choice creative work, including a film, series, story, title, or concept, would be purely coincidental.

10. Disclaimer of Warranties, Limitation of Liability and Indemnity

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE VOICE OF CHOICE SERVICES, YOU AGREE THAT USE OF THE VOICE OF CHOICE SERVICES IS AT YOUR OWN RISK. THE VOICE OF CHOICE SERVICES, INCLUDING THE VOICE OF CHOICE SITE, THE CONTENT, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, VOICE OF CHOICE DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NON INFRINGEMENT. IN NO EVENT SHALL VOICE OF CHOICE OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE “VOICE OF CHOICE PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE VOICE OF CHOICE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE VOICE OF CHOICE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE VOICE OF CHOICE SERVICE OR $50 (WHICHEVER IS LESS).

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE VOICE OF CHOICE PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE VOICE OF CHOICE SERVICES (INCLUDING YOUR USE OF THE CONTENT). VOICE OF CHOICE RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU

11. General Information

11.1 Choice of Law and Forum. These Terms are governed by, and construed in accordance with, the laws of the State of Pennsylvania without giving effect to principles of conflicts of law. To the extent that the arbitration provision is not applicable (e.g., when confirming an arbitration award), you and Voice of Choice agree to submit to the exclusive jurisdiction of the courts located in the Washington County of the State of Pennsylvania.

11.2 Integration, Amendment, and Severability. Please note that these Terms, including Voice of Choice’s Privacy Policy which is incorporated in these Terms and any end user license agreement that might accompany the applicable Voice of Choice Service, constitute the entire legal agreement between you and Voice of Choice and govern your use of the Voice of Choice Services (including your use of the Content) (but excludes any services, if any, that Voice of Choice may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and Voice of Choice in relation to the Voice of Choice Services. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

 

Enjoy the Voice of Choice Services!