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Terms & Conditions

TERMS OF SERVICE 1. These terms of service (“Terms”) govern each user’s (“user” or “you” or “your”) access to and use of our website at igniteyourshine.com (the “Ignite Your S.H.I.N.E.® Site”), membership in our professional learning library (“Membership”), and all other services we provide (collectively, the “Services”), as well as any information, files or other materials uploaded, downloaded, transmitted or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By registering with the Services, uploading or downloading Content, or otherwise actively using the Services, you agree to be bound by these Terms. The Services are owned and provided by Ignite Your S.H.I.N.E.® Inc. (“Ignite Your S.H.I.N.E.®” or “we” or “us”).
2. Access In order for you to access all or a portion of the Services, you may be required to create an account on the Ignite Your S.H.I.N.E.® Site. You are responsible for your use of the Services, for any Content you post to or distribute through the Services, and for any consequences thereof. You are responsible for the actions of each person who uses your account, whether or not you have expressly authorized that person to use your account. The Content you submit, post, or display may be viewed by other users of the Services and through third party services and websites. You should only upload, share or transmit Content that you have the right to upload, share or transmit, and that you are comfortable sharing with others under these Terms. By uploading Content to the Services, you irrevocably grant us a perpetual, irrevocable, royalty-free, worldwide license to transmit, copy and use that Content, and create derivative works thereof, as we deem necessary and appropriate (“Content License”). Membership. Your purchase of a Membership entitles you to access our library of professional development content. Such entitlement rights shall end when your Membership terminates. In order to purchase a Membership, you must agree to the additional terms of the Membership Agreement, including the payment of any required fees. From time to time, we may offer bonuses to users who purchase a Membership. You will be entitled to any bonuses offered to you at the time of your purchase. The availability of such bonuses may vary, and bonuses may be offered or ended in our sole discretion. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Services are always evolving and the form and nature of the Services may change from time to time without prior notice. In addition, Ignite Your S.H.I.N.E.® may stop (permanently or temporarily) providing the Services or any features within the Services to you or to other users without notice. Ignite Your S.H.I.N.E.® also retains the right to create limits on use and storage at Ignite Your S.H.I.N.E.’s® sole discretion at any time without prior notice. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for granting you access to and use of the Services, you agree that Ignite Your S.H.I.N.E.® and its partners and advertisers may place advertising on the Services or in connection with the display of Content or information from the Services submitted by you or others. How Old are You?
  • 18 or older:  If you are 18 years or older, you warrant that you have the right, authority and capacity to accept these Terms as a binding agreement.
  • 13 through 17:  If you are at least 13 years old, but not yet 18 years old, please ask your parent or guardian to use our Services on your behalf. Each young person who registers with us must provide verifiable consent from a parent or guardian. We may change the process for obtaining verifiable consent from time to time to reflect changes in technology, and changes in applicable laws and regulations.
If we are informed in writing that someone who is age 13 through 17 has provided any Content to us or has registered with us but without consent from a parent or guardian, then we will delete the account, and we will delete any Content provided by the young person.
  • Under 13:  You may not use our Services if you are under 13 years old.
If we are informed in writing that someone who is under age 13 has provided any Content to us or has registered with us, then we will delete the account, and we will delete any Content provided by the young person.
3. Privacy Any personally-identifiable information and other Content that identifies you (“Personal Data”) is subject to our Privacy Statement, which governs our collection and use of your Personal Data. EEA and UK residents are also subject to the provisions in the section entitled “European Union and the United Kingdom” California residents are also subject to the provisions entitled “Your California Privacy Rights.” You consent to the collection and use of Personal Data, including the transfer of Personal Data between you (wherever you may be) and us (which means each location from which we Provide our Services), including any transfer of Personal Data between countries, for storage, processing and use by Ignite Your S.H.I.N.E.® and by others. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving so long as you receive the Services. In order to use some features of the Services, you may need to “opt-in” to receiving text messages or other communications from others. You agree to initiate text messages or other communications with others only after you have received their permission to do so or are otherwise permitted to do so under local, state, and Federal rules, laws, and ordinances. You further agree to stop sending text messages or other communications to others after receiving such a request.
4. Passwords You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (longer passwords that may use a combination of upper and lower case letters, numbers and symbols, or pass phrases) with your account. We may also change our password recommendations and requirements and other requirements for user credentials to reflect any changes in our security protocols. Ignite Your S.H.I.N.E.® will not be liable for any loss or damage arising from any other person using your account.
5. Content on the Services The Services include a platform for transmitting and posting communications between you and others. Each such communication is Content. All Content, whether publicly or privately transmitted or posted, is the sole responsibility of the person who posts or transmits the Content. We do not monitor or control the Content posted via the Services and we are not responsible for Content. Any use or reliance on any Content or other materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. We or our users may use the Services to provide information or discussion on a variety of topics, including professional development resources, lessons, workshops, and guides of interest to our community of users. We do not endorse any particular advice or recommendations which may be made via the Services, and we strongly recommend that you seek the advice of an appropriate professional before making any decisions as a result of using the Services. Ignite Your S.H.I.N.E.® Inc. and its affiliates, partners, employees, owners, and agents do not provide professional advice or services as part of the Services. This includes but is not limited to medical, financial, legal, or public relations services. To the extent that you may desire such services, you would need to negotiate a separate agreement with an appropriate provider of such services. We do not endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Content that has been mislabeled or is otherwise deceptive. Under no circumstances shall Ignite Your S.H.I.N.E.® be liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere. If you see any Content on the Services that you consider offensive or that you think may violate these Terms of Service, please contact us at legal@igniteyourshine.com so that we may review it. While we have the right to delete or remove from public view any Content for any reason, we also reserve the right not to remove Content that some users consider offensive or in violation of the Terms of Service, but which we do not consider offensive or in violation of the Terms of Service.
6. Your Rights You retain ownership or other rights you may have to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us the Content License, as stated above. You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that the Content you submit may be rebroadcast or distributed by us, by our partners, and by the recipients of your Content. If you do not have the right to submit Content for such use, it may subject you to liability. Ignite Your S.H.I.N.E.® will not be responsible or liable for any transmission or use of your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
7. IYS’s Rights All rights, titles, and interests in and to the Services are and will remain the exclusive property of Ignite Your S.H.I.N.E.® and its licensors (including other users). The Services are protected by copyright, trademark, and other laws of the United States and other countries around the world. Nothing in the Terms gives you a right to use the Ignite Your S.H.I.N.E.® name or any of Ignite Your S.H.I.N.E.’s® trademarks, logos, domain names, or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Ignite Your S.H.I.N.E.® or the Services are entirely voluntary and Ignite Your S.H.I.N.E.® will be free to use your feedback, comments or suggestions as we see fit and without any obligation to you.
8. Restrictions on Content and Use of the Services We reserve the right at all times (but we do not have the obligation) to remove or refuse to distribute any Content on the Services and to terminate users and reclaim user names. We also reserve the right to access, read, preserve, and disclose any Content or other information for any reason in our sole discretion, including without limitation to satisfy any applicable law, regulation, legal process or governmental request, enforce the Terms, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, respond to user support requests, or protect the rights, property or safety of Ignite Your S.H.I.N.E.®, its users and the public. You may not do any of the following while accessing or using the Services:
  • access, tamper with, or use non-public areas of the Services, Ignite Your S.H.I.N.E.’s® computer systems, or the technical delivery systems of the website’s systems;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
  • access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available interfaces published by Ignite Your S.H.I.N.E.® (and only pursuant to those interfaces), unless you have been specifically allowed to do so in a separate written agreement signed by Ignite Your S.H.I.N.E.®;
  • forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
  • interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
9. Intellectual Property Policy Ignite Your S.H.I.N.E.® respects the intellectual property rights of others and expects users of our Services to do the same. We will respond to notices of alleged copyright or other intellectual property infringement that comply with applicable law (including the Digital Millennium Copyright or “DMCA” at 17 U.S.C. §512) and are properly provided to us. If you would like the benefit of your legal protections under the DMCA, please review the DMCA to ensure your compliance. If you believe that your Content has been copied in a way that constitutes copyright infringement or the infringement of other intellectual property rights, please send us a written request to remove the allegedly-infringing Content (“takedown notice”). Each takedown notice must be in English and include the following information:
  •       Identification of the work claimed to have been infringed.
  •       Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
  •       Information reasonably sufficient to permit us to locate the material (e.g., a detailed uniform resource locator or “URL”).
  •       Your contact information, including your postal address, telephone number, and an email address.
  •       A statement by you that you have a good faith belief that use of the Content or other material in the manner complained of is not authorized by the copyright owner or other owner, its agent, or the law.
  •       A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or other owner.
  •       A physical or electronic signature of the copyright owner, other owner, or a person authorized to act on their behalf.
On our receipt of a takedown notice, we may publish the takedown notice to the general public, or provide a copy of the takedown notice to the user that uploaded or provided the Content accused to be infringing (“Accused Content”). For any takedown notice that is subject to the provisions of the DMCA, the original provider of the Accused Content may have the right to send a notice to us (called a “counter notice”) demanding that the Accused Content be restored to the Services. In compliance with the DMCA or other applicable law, we may implement any takedown notice by removing the Accused Content or other material from public view on the Services, and we may implement any counter notice by restoring the Accused Content or other material to public view on the Services. In either case, Ignite Your S.H.I.N.E.® shall bear no liability to you or anyone else for the posting, removal or re-posting of any Accused Content. Independent of the DMCA and any other applicable laws or regulations, we reserve the right to remove any Accused Content without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, Ignite Your S.H.I.N.E.® will also terminate a registered user’s account if we determine the registered user to be a repeat infringer. Our designated copyright agent for sending takedown notices and counter notices is: IGNITE YOUR S.H.I.N.E.® INC. Attn: Privacy 401 N. Ashley Dr. #173046, Tampa, FL 33672, USA Email: legal@igniteyourshine.com

10. Disclaimer of Warranties

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND, AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

 

WE PROVIDE THE SERVICES AND ALL INFORMATION, INCLUDING THE CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS ABOUT OUR SERVICES OR THOSE OF OUR PARTNERS.

 

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR FEEL HARMED BY IGNITE YOUR SHINE, THE SERVICES, OR ANYTHING RELATED TO THE SERVICES, YOU MAY STOP USING THE SERVICES, AS FURTHER STATED IN THE TERMINATION PROVISIONS OF THESE TERMS. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY.  IN PARTICULAR, WE DISCLAIM THAT THE SERVICES WILL RESULT IN ANY PARTICULAR BENEFIT OR SUCCESS TO USERS.

 

WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. THE OPERATION OF THE SERVICES, INCLUDING THE IGNITE YOUR SHINE SITE, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET OR ANY OTHER NETWORK, AND FOR ANY OTHER REASON.

11. Termination

You may terminate your agreement with us at any time by contacting us at legal@igniteyourSHINE.com.

 

We may terminate these Terms for any reason or no reason, at any time, with or without notice. Any termination by us shall be effective immediately or as may be specified in our notice.

 

We may restrict, suspend or block the access of any user who abuses or misuses the Services. Misuse includes, among other things, infringing any intellectual property rights, using any functionality, feature or capability of the Services to generate, support or transmit any form of spam, engaging in any behavior or activity that we asked you not to do, or any other behavior that we, in our sole discretion, deem contrary to the mission and purpose of Ignite Your Shine and the Services.

 

Upon termination, you may lose access to some or all of the Services. We may block access to the Services from an Internet Protocol (“IP”) address or range of IP addresses associated with those of terminated users. Upon termination, all licenses and other rights granted to you by us in these Terms will immediately cease, but any licenses you have granted to us will survive termination regardless of the reason for such termination. In addition, any fees invoiced to you prior to termination that have not been paid will continue to be due in accordance with these Terms, and no refunds shall be provided for payments previously made.

12. Indemnification

You agree to defend, indemnify and hold Ignite Your Shine and its partners, as well as any of our respective subsidiaries, affiliated companies, officers, employees, members, directors, or service providers (“Ignite Your Shine Affiliates”) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following alleged activities: (i) your Content or your access to or use of the Services; (ii) any alleged breach of these Terms; (iii) any breach, infringement, misappropriation or violation of any third-party right including without limitation any intellectual property right, publicity right, confidentiality, property right or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. We ask that you cooperate as reasonably requested by Ignite Your Shine in the defense of any claim. Ignite Your Shine reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim against Ignite Your Shine or Ignite Your Shine Affiliates, without the prior written consent of Ignite Your Shine, which consent Ignite Your Shine may refuse in its sole discretion.

13. Limitation of Liability

SOME REGIONS, COUNTRIES AND OTHER JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. FOR EXAMPLE, THE STATE OF NEW JERSEY DOES NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY IN CONSUMER CONTRACTS.

 

TO THE EXTENT PERMITTED BY LAW, NEITHER IGNITE YOUR SHINE NOR ANY OF IGNITE YOUR SHINE AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, YOU PAID IGNITE YOUR SHINE DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.

 

NEITHER IGNITE YOUR SHINE NOR ANY OF THE IGNITE YOUR SHINE AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU, ANY ENTITY, OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

14. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

15. Waiver and Severability

The failure of either party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

16. Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the substantive and procedural law of the State of Florida, and the federal law of the United States, without regard to or application of any conflict of laws principles or rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply to these Terms.

 

You agree to indemnify and hold us harmless for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the Services, including any breach by you of the Terms or any allegation that you have infringed the intellectual property rights or other rights of another person. This indemnity obligation shall survive any termination or expiration of these Terms or your use of the Services.

 

Any controversy or claim between the parties or arising out of these Terms or any Services shall be determined by one arbitrator in binding arbitration administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules. We anticipate that you may be geographically distant from our offices. Accordingly, to reduce the cost of resolving any dispute, all arbitration hearings will be conducted by video conference or audio conference. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.

17. Force Majeure Ignite Your S.H.I.N.E.® shall not be liable or responsible to You, nor be deemed to have defaulted on or committed a breach of these Terms, for any failure or delay in fulfilling or performing any obligations under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Ignite Your S.H.I.N.E.® including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not involving Ignite Your S.H.I.N.E.®, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
18. Entire Agreement These Terms, our Privacy Statement, our Cookie Policy, and, where applicable, Your California Privacy Rights, are the entire and exclusive agreement between Ignite Your S.H.I.N.E.® and you regarding the Services (excluding any services for which you have a separate written agreement signed by Ignite Your S.H.I.N.E.® that expressly states it is in addition to or in place of these Terms), and these Terms supersede and replace any prior agreements between Ignite Your S.H.I.N.E.® and you regarding the Services. We may revise these Terms from time to time and post the revised version of the Terms on the Services. If the revision, in our sole discretion, is material we may notify you via an e-mail to the email address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you have any questions about these Terms, please contact Ignite Your S.H.I.N.E.® at: IGNITE YOUR S.H.I.N.E.® INC. 401 N. Ashley Dr. #173046, Tampa, FL 33672, USA Email: legal@igniteyourSHINE.com

19. Revision History

Date of this revision: November 2021

Dates of Prior Revisions: March 2021

 


Lavonna Roth

Founder of Ignite your S.H.I.N.E.®

Thousands of educators are exiting the field of education every year, exhausted and burnt out. Frustrated by this crisis that hurts our students, LaVonna set out on a worldwide mission to serve educators, authoring 8 books on brain research and engaging instruction, creating the Ignite Your S.H.I.N.E.® framework, and providing professional development for educators internationally. Her life’s passion is to empower educators like YOU to find the greatness within your students and the greatness within yourself so we can radically change the traditional approach on how to educate in order to best serve our students. As an elementary and secondary educator, keynote speaker, author, consultant and mom, she is here to serve you so you can effectively serve your students through the lens of brain research, social-emotional needs and the whole child!