Terms of Service

Last updated: August 5th,  2021


Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the ypad.thinkific.com website (the "Service") operated by Youth Protection Advocates in Dance®  (“YPAD”,"us", "we", or "our").


Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.


By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purpose
YPAD’s educational courses are designed to give dance studio owners, administrative staff, teachers, and volunteers in the youth dance environment the educational resources and best practices to protect the mental, emotional, and physical health of students. This is achieved by providing education and best practices in the following areas:

I understand that in order to receive a Certificate of Completion for the YPAD Safety Course, each person taking the course will need to have:

  1. A clear background check
  2. First Aid/CPR (you can either provide this or purchase it through the American Red Cross with a YPAD discount code)

I understand that if I am pursuing YPAD Safety & Wellness Certification for myself and/or staff, we will additionally:

  1. Become a mandated reporter of any suspected child abuse
  2. Agree to the YPAD Dance Professional Code of Conduct

I understand that myself and/or staff have 90 days to complete the course from purchase date.


Approximately 10% of counties in the United State have additional "court fees". Court fees are mandatory pass-through fees that are assessed by the court directly. In the case that additional court fees apply, YPAD will process the fees by charging the card on file of the purchaser those fees plus a $19.00 service fee. I understand and acknowledge that additional fees may apply regarding background checks. 

In the case that multiple background check applications have been submitted by an individual, YPAD will only cover the costs associated with one background check per individual. Any additional charges will be passed on to the customer. YPAD will process the fees by charging the card on file of the purchaser to cover those costs plus a $19.00 service fee.  I understand and acknowledge that additional fees may apply regarding background checks.

I understand that if I am an International client, I/mystaff will be required to provide their own background check from their country in order to obtain a certificate from YPAD.


Course Access
You will have 90 days of access to view and complete your course work. If you are unable to complete the course in the 90-day deadline, a one-time 30-day extension can be purchased for an additional service fee of $29.00 USD. 


Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account with the Service.


You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.


By accepting the terms and conditions of this Service, you acknowledge and agree that you may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.


Intellectual Property

By accepting the terms and conditions of this Service, you acknowledge and agree that the Service and its original content, features and functionality are and will remain the exclusive property of YPAD and its licensors including YPAD. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of YPAD.


Links To Other Websites

Our Service may contain links to third party web sites or services that are not owned or controlled by YPAD.


YPAD has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.


By accepting the terms and conditions of this Service, you acknowledge and agree that YPAD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third party web sites or services.


YPAD strongly advises that users to read the terms and conditions and privacy policies of any third party websites or services that you visit.


Termination

By accepting the terms and conditions of this Service, you acknowledge and agree that YPAD may terminate or suspend user accounts, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms and the YPAD Certified Creed.


If users wish to terminate their account, they may do so simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Indemnification

By accepting the terms and conditions of this Service, you agree to defend, indemnify and hold harmless Youth Protection Advocates in Dance® and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.


Limitation Of Liability

By accepting the terms and conditions of this Service, you acknowledge and agree that in no event shall YPAD, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.


Disclaimer

By accepting the terms and conditions of this Service, you acknowledge and agree that your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

YPAD its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components, or d) the results of using the Service will meet your requirements.


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.


Governing Law

These Terms shall be governed and construed in accordance with the laws of
Wisconsin, United States, without regard to its conflict of law provisions.


Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.


Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.


By accepting the terms and conditions of this Service, you acknowledge and agree that by continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.


Cancellations and Refunds

By accepting the terms and conditions of this Service, you acknowledge and agree that once the Certification Course is purchased, YPAD will not offer any full or partial refunds. In the event of the Certification status being revoked by YPAD, no refund whether partial or full will be offered.