Terms of Service

Last Updated: 5/11/2021

Welcome to . The  website is an online platform composed of various web pages operated by Dream Big Academy ("DBA").  is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of  constitutes your agreement to all such terms. Please read these terms carefully, and keep a copy of them for your reference, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against Dream Big Academy on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

The DBA website is a platform for Instructors and other professionals to provide enrichment and learning opportunities for students and learners of all ages.  We reserve the right to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any changes should be effective within a couple of weeks after they are posted unless legal reasons require changes addressing new functions of the Platform we provide may be effective immediately. 

When using the Platform DBA provides, you will be subject to additional terms applicable to such services that may be posted on the Platform from time to time, including, without limitation, our Privacy Policy, Community Standards, Class Content Policy, and Instructor Guide. 

The services of DBA consist of an online platform through which Instructors may offer courses for sale to parents, and parents may purchase these courses for the benefit of their children. While the DBA strives for high standards of service for our customers, you acknowledge and agree that: (1) DBA is not a party to any agreements entered into between Instructors and parents, (2) DBA only provides certain tools to facilitate the purchase, sale and provision of courses, (3) Parents contract for classes directly with Instructors through the DBA websites (4) DBA is not a broker or insurer, and (5) DBA disclaims all liability for the conduct of Instructors, parents, or any other users of the Platform or courses. Different sections of the Platform and Terms of Service affect Instructors and parents differently, so please be sure to read these Terms of Service carefully.

DBA’s is an online platform for K-12 students, designed for parents to find and book courses for the benefit of their child(ren), and for Instructors to promote, sell and conduct their courses. As the provider of this online platform, DBA does not own, create, sell, resell, control, or manage any courses other than to approve and allow them to be used on our platform. DBA's responsibilities are limited to: (i) providing the Platform as an online platform to facilitate the sale, purchase, and conduct of courses, and (ii) serving as the agent of each Instructor for the purpose of accepting payments from a parent on behalf of the Instructor. There may be risks that you assume when dealing with other users of our Platform (including those who may be acting under false pretenses). While DBA strives to provide a safe environment for all of our users, our customers agree that all of these risks are ultimately borne by them, and not DBA.  DBA does not control the behavior of users or the quality of the courses. As a result, DBA cannot guarantee the authenticity, accuracy, quality, safety, legality, or appropriateness of the courses on their Platform.

Users will be required to register for a DBA course in order to access and use certain features of our Platform. If you choose to register for our Platform, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Platform’s or course registration process. Registration data and certain other information about you are governed by our Privacy Policy. You must be of legal age to form a binding contract to register for the Platform (in many jurisdictions, this age is 18). If you are not yet 18 and want to register for courses, then you must get your parent to read these Terms of Service and agree to them for you before you use any part of our Platform. If you are a parent and you provide your consent to your child's use of the Platform, then you agree to be bound by these Terms of Service with respect to your child’s use of the Platform.

In order to use our Platform, each parent must register their child with an active Google account for their child to use in order to access the video conference applications and other tools our courses leverage for learning.  The parent must share this Google account with us during registration of any course so we can identify and allow your child access to the said course.

You acknowledge that DBA may establish general practices and limits concerning use of the Platform.  You agree that DBA has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Platform. 

Courses that take place through DBA’s video conferencing platform may be recorded by DBA. We value student and Instructor privacy, and our use of course recordings are extremely limited. Specifically, course recordings are made available only to the Instructor providing the course in question, in order to allow them to (1) review which students missed the course and (2) review the course recordings personally in order to improve their courses. In addition, DBA may use course recordings to provide feedback to Instructors, to improve our Platform, for customer support, and for compliance purposes. We will not use course recordings containing images of your children for promotional or any other purposes without your express written consent. 

Privacy

Your use of  is subject to DBA's Privacy Policy. Please review our Privacy Policy, which also governs the Platform and informs users of our data collection practices. 

Electronic Communications 

Visiting  or sending emails to DBA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Platform, satisfy any legal requirement that such communications be in writing. 

Children Under Thirteen 

DBA collects personally identifiable information from children under the age of thirteen. DBA collects this information for the following reason(s): 

The DBA collects information about children under the age of 13 directly from Parents, who provide us with the child’s first name, age, type of schooling, local time zone, and additional notes for the Instructor. In addition, children may share information about themselves during DBA courses. The DBA class sessions may take place over online videos in which video images and audio of the children are recorded. No information is collected directly from children until they are in the course session. Children should not post personal data publicly on any of the DBA Platforms. 

We provide information about our personal data practices for children on our home page and wherever we knowingly collect personal data from children on our Platform. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this websites. If you are a parent and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement. If you are under 18, you may use  only with permission of a parent or guardian. More information about COPPA can be found on DBA’s Privacy Policy.

Cancellation/Refund Policy 

DBA has discretion to act on behalf of the parent, and to not transfer the enrollment fees to Instructor, if a parent reports that the courses were not provided or adequately completed. This may include but is not limited to circumstances where a Instructor did not arrive for a course or a course was of inadequate quality. DBA will independently review these cases, seeking input from the parent and/or the Instructor(s), and may decide at its sole discretion to issue a refund to the parent. All determinations of DBA with respect to a refund shall be final and binding on the parent and Instructor. 

Links to Third Party Platforms/Third Party Services 

May contain links to other websites. These linked Platforms are not under the control of DBA and DBA is not responsible for the contents of any linked Platform, including without limitation any link contained in a linked Platform, or any changes or updates to a linked Platform. DBA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DBA of the Platform or any association with its operators. 

Certain services made available via  are delivered by third party Platforms and organizations. By using any product, service or functionality originating from the  domain, you hereby acknowledge and consent that DBA may share such information and data with any third party with whom DBA has a contractual relationship to provide the requested product, service or functionality on behalf of  users and customers. 

No Unlawful or Prohibited Use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use  strictly in accordance with these terms of use. As a condition of your use of our platform, you warrant to DBA that you will not use the platform for any purpose that is unlawful or prohibited by these Terms. You may not use the platform in any manner which could damage, disable, overburden, or impair the platform or interfere with any other party's use and enjoyment of the platform. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the DBA platform. 

All content included as part of our Platform, such as graphics, various texts, logos, images, and any software used on our platform, is the property of DBA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.   

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on our platform. DBA content is not for resale. Your use of our platform does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of DBA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DBA or our licensors except as expressly authorized by these terms of service. 

Use of Communication Services  

The Platform may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

DBA has no obligation to monitor the Communication Services. However, DBA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DBA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

DBA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DBA's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. DBA does not control or endorse the content, messages or information found in any Communication Service and, therefore, DBA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DBA spokespersons, and their views do not necessarily reflect those of DBA.

 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to or Posted on Any DBA Web Page

DBA does not claim ownership of the materials you provide to (including feedback and suggestions) or post, upload, input or submit to any DBA Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting DBA, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 No compensation will be paid with respect to the use of your Submission, as provided herein. DBA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in DBA's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

International Users

The Platform is controlled, operated and administered by DBA from our offices within the USA. If you access the Platform from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the DBA Content accessed through in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification 

You agree to indemnify, defend and hold harmless DBA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Platform or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. DBA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DBA in asserting any available defenses. 

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. 

  Class Action Waiver 

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and DBA agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 

 Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Platform MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DREAM BIG ACADEMY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Platform AT ANY TIME. 

DREAM BIG ACADEMY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Platform FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DREAM BIG ACADEMY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DREAM BIG ACADEMY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Platform, WITH THE DELAY OR INABILITY TO USE THE Platform OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Platform, OR OTHERWISE ARISING OUT OF THE USE OF THE Platform, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DREAM BIG ACADEMY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Platform, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Platform. 

Termination/Access Restriction 

DBA reserves the right, in its sole discretion, to terminate your access to the Platform and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Platform. Use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and DBA as a result of this agreement or use of the Platform. DBA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DBA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by DBA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DBA with respect to the Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DBA with respect to the Platform. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

Changes to Terms 

DBA reserves the right, in its sole discretion, to change the Terms under which  is offered. The most current version of the Terms will supersede all previous versions. DBA encourages you to periodically review the Terms to stay informed of our updates. 

Contact Us 

DBA welcomes your questions or comments regarding the Terms: 

Email Address: admin@thedreambigacademy.org