Welcome to Focus on The Gap Educational Services! We are dedicated to providing online tutoring and training to individuals of all ages, from kindergarten to tertiary education. We are committed to supporting your educational journey and empowering you to achieve your goals. Thank you for choosing us to be a part of your learning experience!
These Terms of Service ("Terms") establish a legally binding agreement between you and Focus on The Gap Educational Services ("Focus on The Gap") governing your access and use of our website, focusonthegap.com ("the Site"), and the software, services, and information made available through the Site (collectively the "Services").
By accessing the Site, or using our Services in any manner, you acknowledge and agree to be bound by these Terms. You also consent to the use of information collected on the Site as disclosed in our Privacy Policy. Please note that continued use of the Site or Services constitutes acceptance of any additional terms or policies posted on the Site.
If you do not agree to these Terms, please refrain from using Focus on The Gap Educational Services.
1. DEFINITIONS
User: Any individual who accesses or uses the Site or Services provided by Focus on The Gap for any purpose whatsoever.
User Content: Any personal information submitted during the creation of a Focus on The Gap Account, as well as any information submitted in relation to any tutoring or training sessions, including but not limited to research, lesson plans, course materials, assessments, student information, and any other relevant content shared.
2. COMPETITION ENTRANTS: CONDITIONS FOR ACCESSING AND USING FOCUS ON THE GAP SERVICES
Focus on The Gap is Not Affiliated with Competitions or Their Organizers: Focus on The Gap provides a platform and related services for third parties to manage and host educational competitions. Unless otherwise stated in writing, Focus on The Gap does not host the competitions offered on the Site. We have no responsibility or liability with respect to any third-party competition accessed through the Site or the Focus on The Gap Services. We are not responsible for the content, quality, legality, administration, conduct, judging, rules, regulations, or guidelines related to any third-party competition accessed through the Site or the Focus on The Gap Services.
Additional Competition Eligibility Requirements & Competition Rules: While you may establish a Focus on The Gap account at any time, competition organizers may require entrants to meet specific eligibility requirements to participate. Entrants are solely responsible for reviewing, agreeing to, and understanding the competition rules, regulations, and guidelines posted by any competition organizer.
Security of User Content: User Content is subject not only to Focus on The Gap's Terms and Privacy Policy but also to the rules and regulations of each specific competition. When you participate in a competition, User Content may be disclosed to competition organizers, administrators, and/or judges in accordance with the applicable competition rules, regulations, and guidelines. Focus on The Gap assumes no responsibility or liability arising from the disclosure and/or use of any User Content accessed by competition organizers, administrators, or judges.
Taxes: Any taxes associated with prizes received by you through your use of the Site and/or the Focus on The Gap Services are your sole responsibility. You are responsible for complying with all required tax obligations under applicable law.
User Content Representations and Warranties: By submitting User Content, you represent and warrant that: (i) all User Content submitted is original; (ii) you have the necessary rights, licenses, and authority to upload, submit, and post the User Content; (iii) the User Content does not contain any false, intentionally misleading, defamatory, or libelous information; (iv) the User Content does not violate or infringe upon the intellectual property or other rights of any third party, including but not limited to the copyright, trademark, patent, trade secrets, moral rights, rights of publicity, or privacy rights; and (v) the User Content does not violate any applicable laws, statutes, ordinances, or regulations.
Responsibility for Meeting Deadlines: Focus on The Gap strives to provide reliable Services, but we are not responsible or liable for any temporary unavailability or technical issues that may affect our Site or Services. It is your responsibility to plan ahead and meet any deadlines associated with competitions. We will not be held responsible or liable if you miss a deadline due to technical issues related to our Services.
User Content License: By entering into these Terms, Focus on The Gap is not claiming ownership rights to any User Content you submit for any competition hosted on the Site. However, we do require permission to use the User Content to (i) share it with competition hosts, judges, and administrators and (ii) facilitate the delivery of Focus on The Gap Services. Therefore, you grant Focus on The Gap a perpetual, worldwide, non-exclusive, royalty-free right and license to use, host, store, copy, display, publish, perform, create derivative works from, distribute, transmit, and sublicense User Content in any form and all media now known or hereinafter created, anywhere in the world. You irrevocably waive any claims based on moral rights, if any. Additionally, you grant other users of Focus on The Gap's Site and Services, such as judges and competition organizers, the right to access and use your User Content in connection with their use of the Site and Focus on The Gap's Services.
No Responsibility for Content: Focus on The Gap is not responsible for content posted by users of the Site. You are solely responsible for your interactions with other users and any content that you post. Focus on The Gap shall not be liable for any damage or harm resulting from any content or your interactions with other users on the Site. Focus on The Gap reserves the right, but has no obligation, to restrict or remove access to any objectionable content posted by users on the Site.
3. RULES ABOUT YOUR USE OF OUR SITE AND SERVICES
Prohibited Use of Our Site and Services: You shall not misuse the Focus on The Gap Services. This includes but is not limited to, activities such as data mining, database stealing, scraping, reformatting or framing, interfering with the proper functioning of our Services, circumventing our security measures, or aiding third parties in misusing our Services in any way. You may only use the Focus on The Gap Services in compliance with applicable laws. If we suspect that you are not complying with our Terms, Policies, or the law, we may suspend or terminate your access to Focus on The Gap Services.
Inappropriate or Illegal Content: You shall not submit any obscene or sexually explicit content through the Focus on The Gap Services.
Removal of Information from Your Account at Any Time: Focus on The Gap may, at its sole discretion, remove any User Content from the Site at any time and for any reason, including but not limited to legal, technological, or other situations that require the modification or removal of content.
Unauthorized Use of Focus on The Gap Content: Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, or exploit Focus on The Gap's Content without our express permission.
4. PURCHASE OF FOCUS ON THE GAP SERVICES
Payment: All fees for our fee-based are quoted in JMD dollars. By placing an order, you agree to provide AmberPay with your debit or credit card information and authorize us to charge your debit or credit card for the transaction.
No Refunds: Fees will not be prorated upon cancellation or termination, and all fees paid through the date of termination are nonrefundable.
5. PRIVACY AND SECURITY
We value your privacy and security. By using the Focus on The Gap Services, you agree to the collection and use of information as disclosed in our Privacy Policy.
6. THIRD-PARTY CONDUCT, LINKS, SITES, AND SERVICES
While using our Site and Services, you may encounter links to third-party websites, services, events, or activities that are not owned or controlled by Focus on The Gap.
FOCUS ON THE GAP DOES NOT CONTROL ANY THIRD-PARTY LINKS, SERVICES, GOODS, RESOURCES, AND INFORMATION ON THE SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOCUS ON THE GAP MAKES NO WARRANTIES REGARDING THIRD-PARTY SERVICES, GOODS, RESOURCES, AND INFORMATION, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. FOCUS ON THE GAP WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SERVICES, GOODS, RESOURCES, OR INFORMATION.
FOCUS ON THE GAP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY FOCUS ON THE GAP SERVICES.
7. IDEA SUBMISSIONS
Focus on The Gap welcomes suggestions to improve our Site and Services but considers any feedback from users to be helpful advice freely given. To avoid misunderstandings, we want to clarify that we do not compensate for any ideas, proposals, or suggestions provided by users to Focus on The Gap. The following conditions apply:
Non-Proprietary: Any suggestions, ideas, proposals, or other materials (collectively, the "Material") submitted to Focus on The Gap by users, whether solicited or unsolicited, are considered non-confidential and non-proprietary. Focus on The Gap shall not be liable for the disclosure, use, or exploitation of such Material.
License: By submitting Material, you grant Focus on The Gap a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, and transferable right and license to incorporate, use, publish, and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
10. FOCUS ON THE GAP's INTELLECTUAL PROPERTY
Copyright: The Site, including its logos, design, text, graphics, sound, images, content, data, applications, software, and other files, as well as the selection, arrangement, and organization thereof, are owned by Focus on The Gap Educational Services. You may not use such materials without permission.
© 2023 Focus on The Gap Educational Services. ALL RIGHTS RESERVED.
Trademark: Focus on The Gap and its logos are trademarks owned by Focus on The Gap. All page headers, custom graphics, button icons, and scripts are trademarks or trade dress of Focus on The Gap.
Ownership and Use: Except as expressly stated herein, nothing in these Terms or your use of the Site grants you a right or license to use any of Focus on The Gap's copyrights, trade names, trademarks, service marks, logos, domain names, trade secrets, or any other intellectual property rights.
8. WARRANTIES AND DISCLAIMERS
DISCLAIMER OF WARRANTIES: THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING ANY "BETA" RELEASES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FOCUS ON THE GAP DOES NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVICES, OR USE WILL BE UNINTERRUPTED, FREE OF DEFECTS, ACCURATE, OR MEET YOUR REQUIREMENTS. EXCEPT WHERE PROHIBITED BY LAW, FOCUS ON THE GAP DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. FOCUS ON THE GAP WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES.
9. LIMITATION OF LIABILITY
LIMITATION OF LIABILITY: YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FOCUS ON THE GAP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE CONTENT, SITE, OR FOCUS ON THE GAP SERVICES WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO THE USE OF THE SITE OR ITS SERVICES, EVEN IF FOCUS ON THE GAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FOCUS ON THE GAP'S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE OR FOCUS ON THE GAP SERVICES, EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FOCUS ON THE GAP.
10. INDEMNITY
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Focus on The Gap and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners, and each of their respective successors and assigns (the "Indemnified Parties") from and against all damages, losses, liabilities, claims, expenses, fees, or costs (including reasonable attorneys' fees and costs) incurred in connection with any claim, demand, or action brought or asserted against any of the Indemnified Parties arising out of or relating to (i) your use of the Site and Focus on The Gap Services, (ii) any dispute between you and any user of the Site and/or the Focus on The Gap Services, (iii) a breach of these Terms, (iv) a violation of any third-party right, including intellectual property, publicity, confidentiality, property, or privacy rights, or (v) any claim that any User Content caused damage to any third party.
11. DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the Site, the Services, or these Terms of Service shall be settled by binding arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules, excluding any rules or procedures governing or permitting class actions. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, shall govern any arbitration conducted pursuant to these Terms of Service.
Any arbitration under this agreement will be on an individual basis only. The parties expressly waive their right to file or join a class action or private attorney general action, or to consolidate their arbitration with other arbitrations. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining provisions shall remain enforceable.
The ICDR's rules, as well as forms for initiating arbitration proceedings, are available at www.icdr.org. When initiating a request to arbitrate, you must also send a copy of the completed form to Focus on The Gap Educational Services, 12 Fraser Boulevard Fraser Content, Spanish Town, St. Catherine, or by email at support@focusonthegap.com.
Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms of Service shall be conducted in English and shall be subject to the laws of California, United States.
12. TRANSFER OF DATA AND EXPORT CONTROL
Focus on The Gap's servers are located in the United States. When you establish an account or enter a competition, you are authorizing the transfer of any personal data to the United States for the purposes of administering any given competition.
Any software, technology, or electronic transmission of information obtained from the Site originates in the United States and may be subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or to persons or entities prohibited from receiving exports under U.S. law. In addition, software and technology obtained from Focus on The Gap may be subject to the export laws of other countries. It is your sole responsibility to comply with all U.S. and foreign export laws and regulations, and you may not, by electronic transmission or otherwise, violate any applicable export control laws or regulations.
You shall not access or use the Site or services if you are located in any jurisdiction in which the provision of the Site, services, or other components is prohibited under U.S. or other applicable laws or regulations (a "Prohibited Jurisdiction") and you shall not provide access to the Site, services, or other components to any government, entity, or individual located in any Prohibited Jurisdiction. You represent warrant and covenant that you (i) are not named on any U.S. government list of persons or entities prohibited from receiving U.S. exports or transacting with any U.S. person, (ii) are not a resident of, or a company registered in, any Prohibited Jurisdiction, (iii) shall not permit agents or end-users to access or use the service in violation of any U.S. or other applicable export embargoes, prohibitions, or restrictions, and (iv) shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you, agents, and end-users are located.
13. FORCE MAJEURE
Focus on The Gap will not be liable or responsible for any delays in service, for failing to provide the services, or to operate the Site as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, power or telecommunications outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war, or acts of God.
14. GENERAL TERMS
Modification of Terms, Site, or Service: Our employees, volunteers, or agents are not authorized to vary these Terms.
Any authorized modifications to these Terms will be reflected on this page. You should regularly review our Terms to ensure you are up to date. If any modifications are unacceptable to you, your only remedy is to discontinue use of the Site and services and request that Focus on The Gap deactivate your account. If you continue to access or use our Site or services after we notify you of these changes, you will have agreed to be bound by those changes.
No Waiver: The failure or delay of either party to exercise any right, power, or privilege under these Terms will not operate as a waiver thereof.
No Agency: No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
Governing Law: These Terms of Service shall be governed by, construed, and enforced in accordance with the laws of the State of California, without regard to or application of California's conflict of law principles. The parties consent to the exclusive jurisdiction of the State of California, and venue in the County of San Francisco, with regard to any dispute, controversy, or claim arising out of or relating to these Terms of Service or the breach thereof and waive all rights to contest this exclusive jurisdiction and venue of such courts. You and Focus on The Gap both consent to personal jurisdiction in such courts.
Severability: If any term or section of these Terms is unenforceable, this unenforceability will not affect the enforceability of any other terms.
Assignment: The Terms are not assignable, transferable, or sublicensable by you except with our prior written consent. Any assignment attempted in violation of the Terms shall be void.
Interpretation: Headings are for reference purposes only and do not limit the scope or extent of such section.
Entire Agreement: These Terms are the entire agreement between you and Focus on The Gap concerning our Site and services.
15. CUSTOMER SUPPORT
Focus on The Gap is available by email at support@focusonthegap.com to address any issues you may have regarding your use of the Site. Most concerns can be quickly resolved in this manner.
Focus on The Gap Educational Services
Copyright © 2023 Focus on The Gap Educational Services - All Rights Reserved.
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