Terms of Service

The Service is a learning platform that helps Users execute a visibility and revenue-driving content strategy built around their unique voice, audience, and expertise. Users may register for the Service independently or they may be provided access to the Service through their employer or other Sponsor (each a “Sponsor”).

This is a contract between you and Bedford. You must read and agree to these Terms before using the Service. You may use the Service only if you can form a legally binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations (“Applicable Law”). To use the Service, you must be at least 18 years old (or the age of majority in your jurisdiction). The Service is not available to any Users we previously removed from the Service. Your Sponsor is not a party to this Agreement. For you to use the Service through a Sponsor, your Sponsor must have entered into a written contract with us (a “Sponsor Agreement”). You understand that your eligibility to use the Service through a Sponsor depends on: (a) your Sponsor’s determination of your eligibility; (b) the Sponsor Agreement remaining effective; and (c) the Sponsor’s compliance with the Sponsor Agreement. If at any time your Sponsor changes your eligibility status, violates certain terms of the Sponsor Agreement, or the Sponsor Agreement expires or is terminated, your access to the Service may be suspended or terminated, or your account may be disassociated with the Sponsor and you will become personally responsible for the Fees if you continue using the Service.

When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Supplemental Terms”). You and your use of the Service must comply at all times with these Terms.

We may offer special programs or features (“Programs”) which are subject to supplemental enrollment agreements (“Enrollment Agreements”), which apply in addition to these Terms and take precedence over these Terms in the event of a conflict, and may include additional fees for our Programs. Such Enrollment Agreements are Supplemental Terms.

Bedford may make available certain features and tools designed for use by Organization personnel (“Organization Personnel”), including features and tools that enable Organization Personnel to review and evaluate achievement and progress of Users. If you are Organization Personnel accessing the Service on behalf of an organization, business, or similar entity (an “Organization”), certain additional terms may apply to you.

The content provided through or in connection with the Service is designed to provide practical and useful information on the subject matter(s) covered. While such content may concern issues related to professional services, such content is not professional services advice. You should not act or refrain from acting on the basis of any content that is included on the site(s) and/or the apps(s) or that is otherwise obtained in connection with the Service without seeking the advice of a professional who is licensed and/or qualified in the applicable subject matter(s). We expressly disclaim all liability in respect of actions taken or not taken based on any content obtained in connection with the Service.

1.7.1 Your User Account; Suspension and Termination.

Your account on the Service (your “User Account”) gives you access to certain services and functionalities that we may, in our sole discretion, establish and maintain as part of the Service from time to time. We may, with or without prior notice, permanently terminate or temporarily suspend your access to your User Account and/or the Service without liability and for any or no reason, including if you violate any provision of these Terms. Additionally, you may de-activate your User Account at any time. We may, with or without prior notice, change or stop providing the Service, to you or to Users generally, or create usage limits for the Service.

1.7.2 Connecting Via Third-Party Services.

By connecting to the Service via a third-party service, you give us permission to access and use your information from that service.

1.7.3 Account Security.

You may never use another User’s User Account without such User’s permission. You are solely responsible for the activity that occurs on your User Account, you will keep your User Account password(s) and/or any other authentication credentials secure, and you will not share your password(s) and/or any other authentication credentials with anyone else. We encourage you to use “ strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) to protect your User Account. We will not be liable for, and expressly disclaim liability for, any losses caused by any unauthorized use of your User Account and/or any changes to your User Account. You will notify us immediately of any breach of security or unauthorized use of your User Account.

1.7.4 Account Settings.

You may control certain aspects of your User Account and any associated User profile, and of the way you interact with the Service, by changing the settings in your settings page. By providing us with your email address, you consent to our using that email address to send you Service-related notices. If we send you marketing-related emails, you may opt out of receiving them or change your preferences by contacting the Service support team at hello@learnbedford.com or by clicking on the “unsubscribe” link within a marketing email. Opting out will not prevent you from receiving Service-related notices.

You are solely responsible for your interactions, including sharing of information, with other Users. We reserve the right to monitor disputes between you and other Users. We expressly disclaim all liability arising from your interactions with other Users, and for any User’s action or inaction, including relating to User Content (as defined below).

Subject to your compliance with these Terms and any documentation we may make available to you, you are hereby granted a non-exclusive, limited, non-transferable, and freely revocable right to access and use the Service, solely for your personal use or internal business purposes, as permitted by the features of the Service. We reserve all rights not expressly granted herein in and to the Service. Notwithstanding anything to the contrary herein, certain portions of the Service may be available only during the Subscription Term(s) (as defined below), as further described in Section 8.4 (Subscription Plans).

Except to the extent a restriction is prohibited by Applicable Law, you will not do, and will not enable any third party to do, any of the following:

1. disassemble, reverse engineer, decode, or decompile any part of the Service or license or resell or modify any part of the Service;
2. use any automated or non-automated means to access the Service for “scraping” (except that public search engines may use spiders to create searchable indices of public materials, only as specified in the robots.txt file);
3. use the Service in any manner that impacts the stability of the servers or the operation or performance of the Service or any User’s use of the Service;
4. copy, rent, lease, sell, loan, transfer, assign, sublicense, resell, distribute, modify, alter, or create derivative works of any part of the Service or any of our intellectual property;
5. use the Service in any manner that (x) violates any Applicable Law, contractual obligation, or right of any person, (ii) is fraudulent, false, deceptive, or defamatory, (y) promotes hatred, violence, or harm against, or (z) otherwise may be harmful or objectionable to us or any other third party, including without limitation by using the Service in any manner:
   1. that compromises child safety, including the actual or attempted exploitation or harm of a child, whether or not prohibited by applicable law, including: (A) distributing or promoting child sexual abuse material; (B) facilitating or promoting trafficking, grooming, or other abuse of children; (C) exposing children to sexual or harmful content; (D) collecting children’s personal information in violation of applicable law; (E) using children’s personal information for any unpermitted purpose in violation of applicable law; or (F) promoting, describing, or depicting exploitation, abuse, or harm to a child (or an individual impersonating a child);
   2. that unlawfully discriminates against any individual or group in the provision or denial of education, employment, employment benefits, credit, healthcare, housing, insurance, other economic benefits, or other essential goods and services on the basis of any classification protected by applicable law;
   3. that compromises or violates the legal rights of any person, including: (A) conducting unlawful monitoring, tracking, or surveillance of individuals; (B) distributing digital replicas in violation of applicable law; (C) impersonating an individual without their consent or misrepresenting your identity or affiliation with an individual; or (D) falsely implying an endorsement by us or any other person;
   4. to: (A) develop, use, operate, produce, market, exchange, or distribute illegal weapons, explosives, or controlled substances; or (B) disrupt critical infrastructure, applications, or services;
   5. to: (A) engage in risk-based assessments of individuals’ likelihood of committing crimes or re-offending (except in support of an appropriate human assessment); (B) categorize individuals or groups based on biometric data or inferring characteristics about them (except in strict compliance with applicable law); (C) real-time, remote biometric identification of individuals in public spaces for law enforcement (except in strict compliance with applicable law); or (D) social scoring systems based on social behavior or known, inferred, or predicted personality characteristics that cause detrimental or unfavorable treatment;
   6. to: (A) materially distort anyone’s behavior by impairing their ability to make an informed decision in a way that causes or is reasonably likely to cause significant harm; (B) perform automated decision-making, or as a substantial factor in making decisions, with legal or similarly significant impacts on an individual or group (except in strict compliance with applicable law); or (C) generating or providing legal, financial, health, medical, tax, or other professional advice or decisions without providing legally required disclosures; or
   7. to depict or request sexual intercourse or sex acts;
6. use the Service in competition with us, to develop competing products or services, for benchmarking or competitive analysis of the Service, or otherwise to our detriment or disadvantage;
7. use Output (as defined below) to develop any artificial intelligence (“AI”) models that compete with our products or services;
8. bypass the measures we may use to prevent or restrict access to the Service;
9. use the Service to transmit spam or other unsolicited email (and we may immediately remove any content that we believe to be spam) or use the Service for commercial solicitation;
10. access any content available on or via the Service through any technology or means other than those provided by the Service or authorized by us;
11. attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from, the servers running the Service;
12. transmit invalid data, viruses, worms, or other software agents through the Service;
13. collect or harvest any personal information from the Service; or
14. refer to us or to the Service in a manner that could imply a relationship that involves endorsement, affiliation, or sponsorship between you (or a third party) and us without our consent.

You understand and acknowledge that we (or our licensors (including other Users), as applicable) own and will continue to own all rights (including intellectual property rights), title, and interest in and to the Service, all content displayed or otherwise made available on and/or through the Service (excluding your User Content), and all software, algorithms, code, technology, and intellectual property underlying and/or included in or with the Service. Use of any intellectual property for any purpose not expressly permitted by these Terms is strictly prohibited.

We may make available on the Service certain curricula and related supplementary materials that are owned by us or our third party licensors (the “Licensed Program Content”). We grant to you a non-exclusive, non-transferable right to access and use the Licensed Program Content as made available to you solely for your personal use or internal business purposes, as permitted by the features of the Service. Unless expressly indicated on the Service that a particular item of Licensed Program Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Program Content to any third party.

4.2.1 Alternate Licenses.

In certain cases, we or our licensors may make available Licensed Program Content under alternate license terms (each, an “Alternate License”). Where expressly indicated as such on the Service, and subject to the terms and conditions of these Terms, the applicable Licensed Program Content is licensed to you under the terms of the Alternate License. By using, downloading, or otherwise accessing such Licensed Program Content, you agree to comply fully with all the terms and conditions of such Alternate License.

4.2.2 Attribution.

If you distribute, publicly perform or display, transmit, publish, or otherwise make available any Licensed Program Content or any derivative works thereof, you must also attribute such Licensed Program Content or any derivative works thereof to Bedford in accordance with Bedford’s then-current brand guidelines.

You may be allowed to submit text, documents, images and other materials and User Content to the Services for processing, and receive output from the Service based on such materials (“Output”). Due to the nature of machine learning, use of the Service may result in incorrect Output. You must evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output. You agree that we shall not be liable for any damages you or any third party alleges to incur as a result of or relating to any Output or other content generated by or accessed on or through the Service or the results of your use thereof. For purposes of clarity, your Output is User Content and you own it, and we hereby make all assignments necessary to accomplish the foregoing ownership.

We may collect, or you may provide to us, diagnostic, technical, usage, and/or related information, including information about your computers, mobile devices, systems, and software (collectively, “Usage Data”). All Usage Data is and will be owned solely and exclusively by us, and, to the extent any ownership rights in or to the Usage Data vest in you, you hereby assign to us all rights (including intellectual property rights), title, and interest in and to same. Accordingly, we may use, maintain, and/or process the Usage Data or any portion thereof for any lawful purpose, including, without limitation: (a) to provide and maintain the Service; (b) to improve our products and services (including the Service), and to develop new products, services, and/or features; (c) to monitor your usage of the Service; (d) for research and analytics, including, without limitation, data analysis, identifying usage trends, and/or customer research; and (e) to share analytics and other derived Usage Data with third parties, solely in de-identified or aggregated form. The Service may contain technological measures designed to prevent unauthorized or illegal use of the Service; you understand and acknowledge that we may use these and other lawful measures to verify your compliance with these Terms and to enforce our rights, including intellectual property rights, in and to the Service.

Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.

To the extent you provide us any suggestions, recommendations, or other feedback relating to the Service or to any other Bedford products or services (collectively, “Feedback”), you hereby assign to us all rights (including intellectual property rights), title, and interest in and to the Feedback, without providing any attribution or compensation to you or to any third party. Please treat Feedback as our Confidential Information (as defined below).

The Service contains data, information, and/or other content, such as reputational or status indicators, in-world currency, and/or fictional property representing virtual achievements (for instance, badges, trophies, and/or powers) (collectively, “Bedford Property”). Notwithstanding any terminology that may suggest you own or have any claims to any Bedford Property, we solely and exclusively own all Bedford Property and we reserve all rights to same, except that we hereby grant you a non-exclusive, limited, non-transferable, and freely revocable license to use certain Bedford Property as permitted by the Service’s functionalities. Without limiting the generality of the foregoing, (a) Bedford Property is not redeemable for any sum of money or monetary value from Bedford at any time, and (b) we have the absolute right to manage, regulate, control, modify, transfer, and/or delete Bedford Property as we see fit, in our sole discretion, in any general or specific case, and we will have no liability to you based on our exercise of such right.

Notwithstanding any value attributed to such data by you or by any third party, any data, User Account history, and User Account content residing on the servers running the Service may be altered, transferred, or deleted at any time, for any reason or no reason, in our sole discretion, with or without notice and with no liability of any kind. We do not provide or guarantee, and we expressly disclaim, any value, cash or otherwise, attributed to any data residing on the servers running the Service.

Certain aspects of the Service may be provided for free, while certain other aspects of the Service may be provided for a fee (“Fee”). Each Fee (including each Subscription Fee (as defined below)) is the sum of the applicable Bedford Fee (as defined below) and any applicable Third-Party Fees (as defined below). By electing to use non-free aspects of the Service, including enrolling in Subscription(s) (as defined below), you agree to the pricing and payment terms applicable to you, as may be made available on our website or via your User Account, and as incorporated by reference herein. We may add new products and/or services for additional Fees, add or amend Fees for existing products and/or services, and/or discontinue offering any Subscriptions at any time; provided, however, that if we have agreed to a specific Subscription Term and a corresponding Subscription Fee, then that Subscription will remain in force for that Subscription Fee during that Subscription Term. Any change to our pricing and payment terms will become effective in the billing cycle following our provision of notice of such change. Except as may be expressly stated in these Terms, all Fees must be paid in advance, payment obligations are non-cancelable once incurred (subject to any cancellation rights set forth in these Terms), and Fees paid are non-refundable. Fees are stated exclusive of any taxes, levies or duties (collectively, but, for clarity, excluding taxes based on our net income, “Taxes”). You will be responsible for paying all Taxes associated with your purchases and/or Subscriptions in connection with the Service.

1. “Bedford Fee” means the portion of the Fee (including any Subscription Fee) that Bedford may retain as consideration for providing the Service or any portion thereof (including any particular Subscription), as applicable.
2. “Subscription” means a particular portion of the Service that is available on an automatically renewing subscription basis, and your access thereto, as applicable.
3. “Subscription Fee” means the recurring amount due as consideration for a Subscription.
4. “Third-Party Fees” means the portion of the Fee (including any Subscription Fee) retained by one (1) or more third parties, including Payment Processor, that we may engage from time to time, in our sole discretion.
5. “Payment Processor” means the third-party payment processor, which we engage to process payments Users make in connection with the Service.

8.3.1 General.

To use non-free aspects of the Service, you must provide us with at least one (1) valid payment card that is accepted by us and Payment Processor (each such card, a “Payment Method”). By providing a Payment Method, you authorize each of Bedford and Payment Processor to charge that Payment Method the applicable Fees and Taxes, including, if applicable, on a recurring basis until you cancel your Subscription (including any notice period specified in the Cancellation Procedures section below). Fees and Taxes will be charged to your Payment Method on the specific payment date indicated in your User Account. The length of your billing cycle will depend on the type of Subscription in which you are enrolled, if applicable. We may authorize your Payment Method in anticipation of Service-related charges through various methods.

8.3.2 Third-Party Payment Processor.

We or Payment Processor will attempt to verify your Payment Method(s), and may do so by processing an authorization hold, which is standard practice. To the extent Payment Processor processes payments made by you, you will be subject to terms and conditions governing the use of Payment Processor’s service. Please review such terms and conditions as well as Payment Processor’s privacy notice (each of which is available on Payment Processor’s website). You acknowledge and understand that Payment Processor may collect and retain Third-Party Fees whenever you pay Fees (including Subscription Fees). Payment must be received by Payment Processor before our acceptance of an order. For all payments, Payment Processor will collect your Payment Method details and charge your chosen Payment Method in connection with an order. If any of your account, order, or Payment Method information changes, you will promptly update such information, so that we or Payment Processor may complete your transaction(s) and/or contact you, as needed.

8.3.3 Payment Representations and Warranties.

You represent and warrant that: (i) the account, order, and Payment Method information you supply to us and/or to Payment Processor, as applicable, is true, accurate, correct, and complete; (ii) you are duly authorized to use the Payment Method(s); (iii) you will pay any and all charges incurred by users of your Payment Method in connection with the Service, including any applicable Fees (at the prices in effect when such charges are incurred) and Taxes; (iv) charges incurred by you will be honored by your Payment Method company; (v) you will not allow or enable anyone else to use your Subscription (including, without limitation, by sharing your password(s) or any other authentication credentials with anyone else, or by attempting to transfer your Subscription to anyone else); and (vi) you will report to us any unauthorized or prohibited access to or use of your Subscription and/or password(s) or other authentication credentials.

8.3.4 Disclaimer.

We disclaim any and all liability with respect to, and you understand and acknowledge that we are not responsible for: (i) any security or privacy breaches related to your credit card or other Payment Method, (ii) any fees that may be charged to you by your bank in connection with the collection of Fees, and/or (iii) any unauthorized use of your credit card, debit card, or other Payment Method by a third party.

8.4.1 Automatic Renewals.

Subscriptions are available on an automatically renewing subscription basis and entail payment of Subscription Fees. Your subscription will automatically renew at the end of each Subscription Term identified in your account for subsequent terms equal in length to that initial Subscription Term (each such period, a “Subscription Term”) unless and until you cancel the applicable Subscription in accordance with the cancellation procedures identified below. You understand that unless and until you notify us of your intent to cancel, your Subscription and the corresponding Subscription Fee will automatically renew, and you authorize each of Bedford and Payment Processor (without notice to you, unless required by Applicable Law) to charge you the applicable Subscription Fee and any applicable Taxes, using any of your Payment Methods.

8.4.2 Automatic Billing and Policies.

When you enroll in a Subscription, you expressly acknowledge and agree that: (i) each of Bedford and Payment Processor is authorized to charge you, at the beginning of each Subscription Term, the Subscription Fee for the applicable Subscription, any applicable Taxes, and any other charges you may incur in connection with such Subscription, subject to adjustment in accordance with these Terms; and (ii) your Subscription is continuous until the earlier of: (A) your cancellation of such Subscription (including any notice period specified in the Cancellation Procedures section below) and (B) the suspension, discontinuation, or termination of your access to such Subscription or to the Service in accordance with these Terms. You understand and acknowledge that the amounts billed may vary due to Promotional Offers (as defined below), changes to the Subscription Fee in accordance with the payment terms set forth via the Service, and/or changes in applicable Taxes, and you authorize each of Bedford and Payment Processor to charge your Payment Method the changed amounts.

8.4.3 Cancellation Procedures.

To cancel any Subscription, you must notify us at least 30 days before the start of the next Subscription Term by using the appropriate functionalities of the Service, including through the same method you used to sign up (for example, if you signed up online, you may cancel online through your User Account settings), or by contacting us at hello@learnbedford.com. You will continue to have access to the Subscription through the end of the then-current Subscription Term.

You understand that unless and until you notify us of your intent to cancel, your Subscription and the corresponding Subscription Fee will automatically renew, and you authorize each of Bedford and Payment Processor (without notice to you, unless required by Applicable Law) to charge you the applicable Subscription Fee and any applicable Taxes, using any of your Payment Methods.

8.4.4 Cancellation; Refunds.

You may de-activate your User Account or any Subscription at any time and we may suspend or terminate your Subscription, your User Account, or the Service at any time, in our sole discretion.

However, you understand and acknowledge that, unless required by Applicable Law, you will not be entitled to receive any refund or credit for any such cancellation, suspension, or termination, nor for any unused time on your Subscription, any pre-payments made in connection with your Subscription, any usage or Subscription Fees for any portion of the Service, any content or data associated with your User Account, or anything else, and that any such refunds or credits may be granted at our sole option and in our sole discretion.

If you believe you have been improperly charged and would like to request a refund, please contact us at hello@learnbedford.com.

8.4.5 Free Trials.

We may, at our sole option and in our sole discretion, offer free trials to a particular portion of the Service, subject to the terms of the offer. If you are signed up to such a free trial, we or Payment Processor will automatically bill your Payment Method on the day that follows the last day of your free trial (which day will be the first day of your first Subscription Term), and on the first day of each subsequent Subscription Term, subject to these Terms. If you wish to avoid charges to your Payment Method, you must cancel your free trial by 11:59 PM Eastern Time on the last day of your free trial period, using the same method you used to sign up or any other method we make available to you. If you cancel your free trial while it is ongoing, your access to the applicable portion of the Service may be terminated immediately upon such cancellation.

We may from time to time offer special promotional offers, plans, or memberships (“Promotional Offers”). Promotional Offer eligibility is determined by us in our sole discretion, and we reserve the right to revoke a Promotional Offer in the event that we determine you are not eligible. We may use information such as device ID, method of payment, and/or an email address used in connection with your User Account to determine eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Promotional Offer or in other communications made available to you. You understand and acknowledge that any Promotional Offers, including, without limitation, relating to Subscriptions, are subject to change at any time and from time to time.

We care about your privacy. To provide and enhance the Service, we may need to be able to identify you and your interests, and we use your personal data to do this. By using the Service, you acknowledge that we may collect, use, and disclose your personal information and aggregated and/or anonymized data as set forth in our Privacy Notice, and that your personal information may be transferred to, and/or processed in, the United States.

We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or to use your data for improper purposes. You acknowledge that you provide your data at your own risk.

You may provide us with our telephone number as part of creating your User Account or otherwise. By providing a telephone number, you consent to receiving autodialed or prerecorded calls and/or text messages from us, or on our behalf, at such telephone number. We may place such calls or send such texts to (a) help keep your User Account secure through the use of multi-factor authentication (“MFA”); (b) help you access your User Account if you are experiencing difficulties; and/or (c) as otherwise necessary to service your account or enforce these Terms, our policies, Applicable Law, or any other agreement we may have with you. Part of the MFA identity-verification process may involve Bedford sending text messages containing security codes to the telephone number you provided, and you agree to receive such texts from or on behalf of Bedford.

You expressly consent and agree to Bedford contacting you using written, electronic, and/or verbal means, including manual dialing, emails, prerecorded/artificial voice messages, and/or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you and to service your account, and as permitted by Applicable Law, in each case even if the phone number is registered on any United States federal and/or state Do-Not-Call/Do-Not-email registry/ies. Message and data rates apply. For purposes of clarity, the text messages described in this paragraph are transactional text messages, not promotional text messages.

Additionally, we offer you the chance to enroll to receive recurring SMS/text messages from Bedford. You may enroll to receive text messages about account-related news and alerts and/or Promotional Offers (including cart reminders) and marketing related to Bedford products and/or services. By enrolling in Bedford’s SMS/text messaging service, you agree to receive text messages from Bedford to the mobile phone number provided by you, and you certify that such mobile number is true and accurate and that you are authorized to enroll such mobile number to receive such texts. You acknowledge and agree that the texts may be sent using an automatic telephone dialing system and that message and data rates apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. Message frequency varies. Consent is not required as a condition of purchase. To the extent permitted by Applicable Law, we are not responsible for any delays upon sending or receiving text messages.

You may opt out from promotional text messages at any time. To unsubscribe from promotional text messages, text or reply “STOP,” “QUIT,” “END,” “CANCEL,” or “UNSUBSCRIBE” to the number from which you received the text from the mobile device receiving the messages, or to the other phone number provided by Bedford (if any) for such purpose. You consent that following such a request to unsubscribe, you may receive one (1) final text message from or on behalf of Bedford confirming your request. For help, please contact us at hello@learnbedford.com.

These Terms will be governed by the laws of the State of California, without respect to its conflict of laws principles. Notwithstanding the preceding sentences with respect to the substantive law governing these Terms, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (as it may be amended, “FAA”) governs the interpretation and enforcement of the Arbitration Agreement below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by Applicable Law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the U.S. state where you live (if applicable) or the jurisdiction mutually agreed upon in writing by you and us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Confidential Information, or intellectual property rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that California is the proper and exclusive forum for any appeals of an arbitration award, or for trial court proceedings in the event that the Arbitration Agreement below is found to be unenforceable. These Terms were drafted in the English language and this English language version of the Terms is the original, governing instrument of the understanding between you and us. In the event of any conflict between the English version of these Terms and any translation, the English version will prevail.

16.2.1 General.

Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from us. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (i) these Terms; (ii) access to or use of the Service, including receipt of any advertising or marketing communications; (iii) any transactions through, by, or using the Service; or (iv) any other aspect of your relationship or transactions with us as a User or consumer (each, a “Claim,” and, collectively, “Claims”). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.

16.2.2 Opting Out of Arbitration Agreement.

If you are a new User, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at hello@learnbedford.com with your full, legal name and stating your intent to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.

16.2.3 Dispute-Resolution Process.

For any Claim, you will first contact us at hello@learnbedford.com and attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by JAMS before a single arbitrator (the “Arbitrator”), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted in the U.S. county where you live (if applicable) or Los Angeles County, California, unless you and Bedford agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this would not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.

16.2.4 Equitable Relief.

Nothing in this Arbitration Agreement will be deemed as: preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Confidential Information, or intellectual property rights; or preventing you from asserting claims in a small claims court, provided that your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-collective, and non-representative) basis.

16.2.5 Severability.

If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.

By entering into these Terms, you and Bedford are each waiving the right to a trial by jury or to bring, join, or participate in any purported class action, collective action, private attorney general action, or other representative proceeding of any kind as a plaintiff or class member. The foregoing applies to all Users (both natural persons and entities), regardless of whether you have obtained or used the Service for personal, commercial, or other purposes. This Class Action/Jury Trial Waiver applies to class arbitration, and, unless we agree otherwise, the Arbitrator may not consolidate more than one person’s or entity’s claims. You and Bedford agree that the Arbitrator may award relief only to an individual claimant and only to the extent necessary to provide relief on your individual claim(s). Any relief awarded may not affect other Users.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

We may provide notifications to you via email notice or through posting of such notice on the Service, as we determine in our sole discretion. We may modify or update these Terms from time to time, and you should review this page periodically. These Terms apply to and govern your access to and use of the Service effective as of the start of your access to the Service, even if such access began before publication of these Terms. Your continued use of the Service after any change to these Terms constitutes your acceptance of the new Terms of Service. If you do not agree to any part of these Terms or to any future Terms of Service, do not access or use (or continue to access or use) the Service.

These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Service, will constitute the entire agreement between you and us concerning the Service. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.

No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.

The provider of the Service is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting it in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

If you have any questions about these Terms and/or the Service, please contact us at hello@learnbedford.com.