Terms of Service
Last Updated: May 28, 2020
Betsy Clawson, LLC (“we,” “us,” “our”) provides its services (described below) to you through its website located at betsyclawson.com (the “Site”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Key Terms
“User” “you” or “your” means a person, organization or entity using the Services, including Parents and Class Participants.
“Parent(s)” means a parent or legal guardian who completes Betsy Clawson, LLC’s account registration process to purchase Classes on the Site for the purpose of enrolling their child.
“Child(ren)” means the Class Participants who are enrolled in the offered programs, classes.
“Class(es)” means the sessions provided to inform, educate, and entertain the enrolled Children.
“Teacher” means the person who is leading the Classes and directly interacting with, educating, and entertaining the Children. Teacher also includes any Teacher Assistants helping to take attendance, confirm materials, and help mediate questions/conversations.
Access and Use of the Service
Your Registration Obligations: You will be required to complete a registration form with Betsy Clawson, LLC in order to participate in online classes. If you choose to register, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Site’s registration form. You must be of legal age to form a binding contract to register for a Class (in many jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must get your Parent to read these Terms of Service and agree to them for you before you use the Service. If you are a Parent and you provide your consent to your child's use of the Service, then you agree to be bound by these Terms of Service with respect of your child’s use of the Service.
Modifications to Classes: Betsy Clawson, LLC reserves the right to modify or discontinue, temporarily or permanently, the Classes (or any part thereof) with or without notice. You agree that Betsy Clawson, LLC will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Refunds for Classes not provided will be issued as deemed appropriate by Betsy Clawson, LLC.
Class Recordings: Classes may be recorded through separate video feed that does not capture the image or likeness of the class participants. If available, recordings may be provided as a viewable copy to students who missed the Class for their personal educational purposes. In addition, Betsy Clawson, LLC may use Class Recordings for marketing or other uses. By registering for a class, you consent that your and/or your child’s voice may be captured in a Class Recording and may therefore be audible for the uses set forth above.
Payment Terms
General: Each Parent agrees to pay all applicable fees for Classes (“Enrollment Fees”) as set forth on the Site. All Enrollment Fees are payable in the currency specified on the Site at the time of purchase. Parent hereby authorizes Betsy Clawson, LLC to bill Parent’s payment instrument upon confirmation of a purchase, and Parent further agrees to pay any charges so incurred. If Parent disputes any charges you must let Betsy Clawson, LLC know within sixty (60) days after the date that Betsy Clawson, LLC charges you.
Conditions of Use
User Conduct: You are solely responsible for the behavior of your child while they are participating in the Classes. If their behavior is disruptive or disrespectful of the instructor or the other students then your child’s participation in the class may be terminated without prior notice and without refund for the portion of the session missed due to this termination
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Betsy Clawson, LLC, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. For the sake of clarity, you acknowledge and agree that Class Recordings constitute Service Content, not User Content. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Betsy Clawson, LLC has no control over such sites and resources and Betsy Clawson, LLC is not responsible for such sites and resources. You further acknowledge and agree that Betsy Clawson, LLC will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Betsy Clawson, LLC is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release
You agree to release, indemnify and hold Betsy Clawson, LLC and its affiliates and employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BETSY CLAWSON, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BETSY CLAWSON, LLC MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BETSY CLAWSON, LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BETSY CLAWSON, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL BETSY CLAWSON’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID BETSY CLAWSON, LLC IN THE LAST SIX (6) MONTHS OR ONE HUNDRED DOLLARS ($100).
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Termination
You agree that Betsy Clawson, LLC, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Betsy Clawson, LLC believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Betsy Clawson, LLC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior.
User Disputes
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Betsy Clawson, LLC will have no liability or responsibility with respect thereto.
Betsy Clawson, LLC reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other user of the Service.
Privacy Policy
At Betsy Clawson, LLC, we respect the privacy of our users. By using the Service, you consent to our collection and use of personal data as outlined herein.
Information We Collect
When you interact with us through the Services, we may collect information that, alone or in combination could be used to identify you (“Personal Data) and other information from you, as further described below:
Personal Data That You Provide Through the Site: We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries or register for Classes. We may collect the following information from you in order to provide our Services:
Name;
Email address;
Phone number;
Venmo handle;
Your child’s first name;
Your child’s age;
Information voluntarily provided through reviews; and
Notes you provide about yourself or your child when enrolling a student.
By voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy.
Other Information:
Passively Collected Data: When you interact with us through the Site, we receive and store certain data automatically. Betsy Clawson, LLC may store such passively collected data itself or such information may be included in databases owned and maintained by our affiliates, agents or service providers. We may use such information and pool it with other information to track, for example, the total number of visitors to our Sites, the number of visitors to each page of our website, and the domain names of our visitors' Internet service providers.
In operating our Sites, we and third parties that provide certain functionality to Betsy Clawson, LLC may use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Services gives to your browser when you access the Site. Our cookies help provide additional functionality to our Services and help us analyze Site usage more accurately. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off.
Our Use of Your Personal Data and Other Information
We use your information to:
provide the Betsy Clawson, LLC Services;
process your payment for the Services;
send you emails about classes that you signed up for; and
analyze website usage.
Storage
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction. If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.
Children
This section explains our information collection, disclosure, parental consent practices and parental choice procedures with respect to information provided by children under the age of 13 (“Child” or “Children”). This policy is in accordance with the U.S. Children’s Online Privacy Protection Act (“COPPA”), and outlines our practices in the United States regarding Children’s personal information.
Collection: Betsy Clawson, LLC collects information about students directly from Parents, who provide us with the Child’s first name, age, type of schooling, location, and additional notes for the Teacher. In addition, Children may share information about themselves during Classes. Betsy Clawson, LLC class sessions may take place over online videos in which video images and audio of the Children are recorded. No information is collected directly from Children until they are in the course session. Children cannot post personal data publicly on the Betsy Clawson, LLC Services.
Use and Disclosure: Betsy Clawson, LLC shares the name, age, location, and any notes Parents have provided about their Child to the Teacher, in order to allow the Teacher to provide Classes. This information shall also be treated as part of the Parent’s Personal Data and may be shared as described in the Disclosure section above for business transfers; to vendors and service providers; and to comply with legal requirements. Children may also share information about themselves with the Teacher and the rest of their class during the Class session voluntarily. While Betsy Clawson, LLC expects Teachers and all others Users to abide by our standards of conduct, please note that we cannot control or monitor what personal information your Child shares with Teachers or other classmates, nor what those third parties ultimately do with that information, and disclaim all responsibility in that regard.
Class Video Recordings: As described above, Betsy Clawson, LLC may record a video of the Teacher during a Betsy Clawson, LLC Class (“Class Recordings”). Children’s images will not be captured, although their voice may be captured as part of the audio recording.
Parental Consent: By clicking register or submitting payment via Venmo consent to these Terms of Service, Betsy Clawson, LLC requires that you provide your Venmo handle information in order to register your Child for and pay for a Betsy Clawson, LLC Class. If you do not consent, then we will not collect, use or disclose any personal information about your Child, and your Child will not be allowed to use the Services in any way.
Parental Choices and Controls: At any time, you can refuse to permit us to collect further Personal Data from your Children in association with your account, and can request that we delete from our records the Personal Data we have collected in connection with that account. Please keep in mind that a request to delete records may lead to a termination of an account, membership, or other service. You may update your Child’s information by logging onto your account. You can contact Betsy Clawson, LLC to request access to, change, or delete your Child’s personal information by sending an email to us betsyclawson.com/contact. A valid request to delete personal information will be accommodated within a reasonable time. In addition to the foregoing, we will exercise commercially reasonable efforts to delete personal information belonging to Children when it is no longer needed for the purpose for which it was collected.
Links to Other Websites
This Privacy Policy applies only to Betsy Clawson, LLC. The Services may contain links to other websites not operated or controlled by us (the “Third Party Sites”). The policies and procedures we describe here do not apply to the Third Party Sites. The links from our Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.
Additional Information for Users in the European Economic Area
Personal Information
References to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.
Controller
Betsy Clawson, LLC is the controller of your personal information for purposes of European data protection legislation.
Lawful Basis for Data Processing
We will only collect, store, and process your personal information where a lawful basis for such processing exists, which will typically fall under one of the following scenarios:
You, the Data Subject, have given consent to the processing of your personal information for one or more specific purposes, for example by consenting to terms and conditions on our website, and consenting to the terms of this Privacy Notice;
Processing is necessary for the performance of a contract to which you, the Data Subject, are party;
Processing is necessary for compliance with a legal obligation to which we as a Controller is subject;
Processing is necessary for the purposes of the legitimate interests pursued by us as the Controller, or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of you, the Data Subject, which require protection of your personal information. The legitimate interests that underlie our processing of personal data include research and development, marketing and promoting the Services, and protecting our legal rights and interests.
Use for new purposes
We may use your personal information for reasons not described in this Privacy Notice where permitted by law and the reason is compatible with the purpose for which we collected it.
Retention
We will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. For example, we keep account information for as long as the account is active, and for a reasonable period thereafter to ease reactivation if you choose to reactivate your account. If the Services are made available to you through an organization, e.g., your employer, we retain your information as long as required by the administrator of your account on their behalf.
To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymize your personal information (so that it can no longer be associated with you) in which case we may use this information indefinitely without further notice to you.
Your rights
European data protection laws give you certain rights regarding your personal information. You may ask us to take the following actions in relation to your personal information that we hold:
“Opt-out”. Stop sending you direct marketing communications. You may continue to receive Service-related and other non-marketing emails.
“Access”. Provide you with information about our processing of your personal information and give you access to your personal information.
“Correct”. Update or correct inaccuracies in your personal information.
“Delete”. Delete your personal information.
“Transfer”. Transfer a machine-readable copy of your personal information to you or a third party of your choice.
“Object”. Object to our reliance on our legitimate interests as the basis of our processing of your personal information that impacts your rights.
“Withdraw Consent”. If our processing is based on your consent, you have the right to withdraw such consent at any time.
You can submit these requests by email to: betsyclawson.com/contact. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions. If you would like to submit a complaint about our use of your personal information or response to your requests regarding your personal information, you may contact us as described in the preceding section of our Privacy Policy or submit a complaint to the data protection regulator in your jurisdiction.
Cross-Border Data Transfer
Whenever we transfer your personal information out of the EEA to countries not deemed by the European Commission to provide an adequate level of personal information protection, the transfer will be based on either use of approved standard contractual clauses or one of the safeguards recognized by the European Commission as providing adequate protection for personal information, where required by EU data protection legislation.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us through betsyclawson.com/contact.
Questions or Concerns?
Please contact us at betsyclawson.com/contact to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.