The Dream Big Academy
Terms of Service
Last Updated: 8/29/2021
Welcome to www.thedreambigacademy.org (the “Platform”) . The Platform is an online website composed of various web pages operated by Dream Big Academy ("DBA"). The Platform is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms of Service”). Your use of www.thedreambigacademy.org 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.
DBA reserves 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 promptly after they are posted unless legal reasons require changes addressing new functions of the Platform we provide to be effective immediately.
Through use of the Platform Instructors may offer courses for sale to you, and you may purchase these courses. While 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 you and Instructors on the Platform, (2) DBA only provides certain tools to facilitate the purchase, sale and provision of courses, (3) youcontract for classes directly with Instructors through the Platform (4) DBA is not a broker or insurer, and (5) DBA disclaims all liability for the conduct of Instructors, you, or any other users of the Platform or courses. Different sections of the Platform and Terms of Service affect Instructors and you differently, so please be sure to read these Terms of Service carefully.
The Platform is an online platform for K-12 students, designed for users to find and book beneficial educational courses , 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 the 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 user 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, you agree that by using the Platform, you assume all of these risks, 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 the Platform.
In order to use the Platform, an active Google account is required in order to access the video conference applications and other tools our courses leverage for learning. You must share this Google account with DBA during registration of any course in order to allow access to 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.
Visiting www.thedreambigacademy.org 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 or guardians, 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 courses through the Platform. The 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.
Refunds will be issued as long as instructor is notified via email prior to 48 hours of the course start time. When cancellations are made within 48 hours or less of the course start time or a student(s) does not show up at the course, refunds will not be provided. When refunds are made, they will be non transferable refunds. If the course is a multi night course, a refund will only be provided if the instructor is notified 48 hours of the course start time of the first night only in a multi-night course. If a user reports that a course or courses were not provided, or were inadequately completed by the Instructor(s), DBA may, at its sole discretion, not transfer the enrollment fees to Instructor. This may include but is not limited to circumstances where an Instructor did not arrive for a course or a course was of inadequate quality. DBA will independently review these cases, seeking input from the user and/or the Instructor(s), and may decide at its sole discretion to issue a refund (in whole or in part) to the user. All determinations of DBA with respect to a refund shall be final and binding on the user and Instructor.
Links to Third Party Platforms/Third Party Services
www.thedreambigacademy.org may contain links to other websites. These linked websites are not under the control of DBA and DBA is not responsible for the contents of any linked website, including without limitation any link contained in a linked website, or any changes or updates to a linked website. 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 website or any association with its operators.
Certain services made available via www.thedreambigacademy.org are delivered by third party websites, services and organizations. By using any product, service or functionality originating from the www.thedreambigacademy.org 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 www.thedreambigacademy.org users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform strictly in accordance with these Terms of Service. As a condition of your use of the Platform, you represent and warrant to DBA that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms of Service. 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 other like 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 the Platform. DBA content is not for resale. Your use of the 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 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 student(s) 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 of the Communication Services 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 www.thedreambigacademy.org or Posted on Any DBA Web Page
DBA does not claim ownership of the materials you provide to www.thedreambigacademy.org (including feedback and suggestions) or post, upload, input or submit to the Platform 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 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.
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 the Platform in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless DBA, its officers, directors, employees, contractors, sub-contractors, agents and third parties (“DBA Indemnitees”), for any losses, costs, liabilities and expenses (including reasonable attorney's fees) (“Losses”) relating to or arising out of any and all suits, claims, actions, proceedings, or demands (“Claims) relating to or arising from: (1) your use of or inability to use the Platform or services; (2) any user postings made by you or your student(s); (3) your violation of any terms of these Terms of Service; (4) your violation of any rights of a third party by use of the Platform and all related content; or (4) 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 such Claims or any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DBA in asserting any available defenses, and in mitigating all Losses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Service, 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 of Service, 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 of Service or any disputes arising as a result of these Terms of Service, whether directly or indirectly, including Tort claims that are a result of these Terms of Service. 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 of Service.
Class Action Waiver
Any arbitration under these Terms of Service 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.
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 OR WARRANTIES AS TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PLATFORM OR ACCESSED THROUGH 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 ANY AND 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.
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 of Service, 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 your 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, these Terms of Service constitute 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 www.thedreambigacademy.org 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.
DBA welcomes your questions or comments regarding the Terms:
DBA Additional Instructor Terms
As a Instructor on the DBA platform, you agree to abide by these Instructor Terms. Additionally, you must provide DBA with any information requested and needed, as determined at DBA’s sole discretion, in order for DBA to approve and list your courses on the Platform. The DBA has sole discretion as to which courses we choose to put on the Platform and we reserve the right to reject or remove any courses, at any time, for any or no reason. Additionally, DBA has sole discretion to edit course descriptions as needed to meet our mission and standards as an online learning platform. DBA also has sole discretion as to which Instructors we allow to use the Platform and we reserve the right to reject or remove any Instructor for any reason. DBA may conduct background checks on and/or interviews of Instructors. As a Instructor, you agree to provide written and/or electronic consent to any background checks and participate truthfully in interviews.
When you join the DBA community, you agree to follow our policies as well as our community standards. We expect our Instructors to be kind, thoughtful, honest, engaging, fun, and to communicate effectively with our community (fellow Instructors, parents/guardians, students). Instructors must model what they expect from their learners and to always be the professional. In addition, Instructors agree to use their social media, blogs, and other online forums, in an appropriate and professional manner. Inappropriate behavior in any DBA-affiliated online forum includes, but is not limited to: any behavior that could be seen as harassment, intimidation, or bullying and that is reasonably perceived as being motivated by either any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability and veteran status; in addition any behavior such as posting online or speaking to the media on DBA’s behalf without prior written authorization from DBA.
Each Instructor is solely responsible for obtaining all licenses and other permissions required for any additional online tools required for any course they teach, and DBA assumes no responsibility for a Instructor's failure to obtain such licenses and/or permissions or otherwise comply with any applicable laws, rules or regulations.
You understand and agree that DBA is not an agent, insurer, or employer for you as a Instructor. If a user purchases any of your courses through the DBA Platform, any agreement you enter into with a user is between you and the user, and DBA is not a party to those agreements. DBA is authorized to serve as your limited agent for the purpose of accepting payments from users on your behalf and transmitting such payments to you, minus our fees, as well as providing you access to the Platform to teach your courses. You acknowledge and agree that you are responsible for your own acts, omissions, and mistakes while using the DBA platform. With the only exception being students enrolled in your course, and/or the parents/guardians of your students, you agree that you will not share any class recordings made available to you by the DBA to any third parties. Only Instructors who work on the DBA platform or employees of the DBA
may view class recordings.
Course Payment: Each user agrees to pay all applicable fees for DBA courses through the tools on the DBA Platform. All fees are payable in the currency specified on the Platform at the time of purchase. If a parent disputes any charges you must let DBA know within sixty (60) days after the date that DBA charges you.
Instructor Payment: DBA will transfer the fees for a Instructor’s course to the Instructor’s electronic banking account for each sale of a course(s) within a reasonable amount of time, minus the DBA’s Platform fees, which are 45%. In order to transfer funds to the Instructor’s electronic banking account, the Instructor shall sign up for the electronic banking account DBA uses to run its services. The DBA has discretion to act on behalf of the user and not transfer the fees to the Instructor if a user reports that the course was not provided or completed adequately or the teacher wasn’t present during the alloted instructional time. These situations include but are not limited to circumstances when an Instructor did not arrive for a course or a course did not meet the expectations outlined in the course description. DBA will independently review all of these cases, seeking input from the user and/or the Instructor to help make an informed decision on whether or not to refund the money. All determinations of the DBA with respect to a refund shall be final and binding on the parent and Instructor.
Limited Payment Collections Agent: Each Instructor appoints DBA as the Instructor’s limited payment collection agent solely for the purpose of accepting the fees from the Platform user. As compensation for the services provided, the Instructor shall be paid per head of students in their classes at the rate that the Instructor establishes with the user. The fees are a gross amount that is subject to all local, State, Federal, and any other taxes and deductions as prescribed by law. Payment shall be distributed to the Instructor within a reasonable amount of time after course completion.
Conditions of Use
Copyright Complaints: DBA respects the intellectual property of others, and we ask our and Instructors to do the same. If you believe that your work has been plagiarized in a way that constitutes copyright infringement, or that your intellectual property rights have been violated, please notify the DBA at email@example.com.
Third Party Website
The Platform may provide, or third parties may provide, links or other access to other websites and resources on the Internet. DBA has no control over such websites and resources and DBA is not responsible for and does not endorse such websites and resources. You further acknowledge and agree that DBA will 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 content, events, goods or services available on or through any such website or resource. Any dealings you have with third parties found while using the Platform are between you and the third party, and you agree that DBA is not liable for any loss or claim that you may have against any such third party.
You agree that you are solely responsible for your interactions with any other user in connection with the Platform and DBA will have no liability or responsibility with respect thereto. DBA reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other user of the Platform.
These Terms of Service constitute the entire agreement between you and DBA and govern your use of the Platform, superseding any prior agreements between you and DBA with respect to the Platform. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.