Terms and Conditions
1. TERMS AND CONDITIONS: Your purchase, enrollment in and use of products, services and events (“Programs”) offered by Command Group lnc., d/b/a Command Education (“Command”), including your access to commandeducation.com, commanddigital.com and their respective subdomains (the “Site” or “Sites”)”), are subject to these Terms and Conditions. lf you purchase or enroll in a Program for use by another (for example, a parent purchasing for a child), these Terms and Conditions govern both you and that individual (collectively “You” or “you”). You agree to be bound by these Terms and Conditions which are an agreement between Command and You.
2. One Person One Program: You agree that only one person will use each Program you purchase from Command. Command may restrict access to your Program with no refund provided if Command believes the Program is being used by more than one person. In such a case, if in fact only one person was using the Program, Command will restore the Program.
3. Children: Children under the age of 16 are not permitted to purchase or enroll in Programs. Children may provide information to Command and participate in Programs only with consent of a parent or guardian.
4. Program Fees: You agree to make full payment for Programs in the amount(s) listed in your Command Education Consulting Agreement. You must complete payment prior to commencing the Program unless you participate in Command approved installment payment.
6. Refunds: Refunds are not available once a purchased Program has started. lf your Program fees were paid by a third party any refund due, if any, will be paid to that third party. ln no event may a refund exceed the amount that Command received for the Program less fees for hourly services rendered.
7. lntellectual Property: All Programs, including Sites and Apps, are owned by Command and its licensors. Programs are for your personal and non-commercial use only. You may not enroll in or use any Program for the benefit of any competitor of Command, Programs may not be shared, re-sold, reproduced, re-published, modified, transferred or distributed in any way without Command’s prior written permission. All books, video, audio, text, questions, explanations, diagrams, images, animations and other content that You receive or to which You have access during your Program, regardless of medium or format, (collectively “Program Content”), are protected by copyright law and belong to Command and its licensors. You may not download, record, screenshot, copy or reproduce Program Content in any way. You may not make any audio and/or video recording of any part of your Program. You may not attempt to decompile, reverse engineer, scrape or datamine Programs. The trademarks, service marks, designs, and logos displayed in Programs are the registered and unregistered trademarks of Command, Command’s licensors and Third-Party Sellers and may not be used without Command’s prior written permission. Third-Party Products are owned by such Third-Parties and their respective licensors. Programs may include digital access to Program Content, subject to your compliance with these terms and conditions. Command grants you a limited, personal, non-exclusive, revocable and non-transferable license to access Program Content during the access period of your Program. Access periods may be viewed from the account management page of your Command online account.
8. Links: You may be able to link from the Site to third-party websites and third-party web sites may link to the Site (“Linked Sites”). You acknowledge and agree that Command has no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by affiliates of Command. Links to Linked Sites do not constitute an endorsement or sponsorship by Command.
9. User Content: lf You submit comments, photos and other content to us (“User Content”) through Site(s), social media communities, survey responses, email or otherwise, You grant Command an irrevocable, royalty-free, perpetual, transferable, license to use, modify, create derivative works from, publish, display and sublicense User Content, in whole or in part, in any format and on any platform either now known or hereinafter invented, and to associate User Content with your name and/or likeness. You are solely responsible for your User Content. You represent that You have the right to submit User Content to Command and the right to grant Command the license described above. You warrant that User Content, and Command’s use thereof, does not and will not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual.
10. Copyright Policy: lf you are a copyright owner or agent thereof and believe that content on the Site(s) infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. S 512©) to our Copyright Agent with the following information: (l) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ll) a description of the copyrighted work that you claim has been infringed; (lll) the URL of the location containing the material that you claim is infringing; (lV) your address, telephone number, and email address; (V) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (Vl) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent can be reached as follows:
By mail: Attn: Roberta Seiler, Vice-President
Command Group lnc., d/b/a Command Education
750 Lexington Avenue 9th floor
New York, NY 10022
By phone: (212) 368-1000
By Email: [email protected]11. Passwords: When You set up a Command account, You must choose a password, you are solely responsible for maintaining the confidentiality of your password and for any and all use of your account. You agree not to disclose your password to any third-party. Command has the right to terminate your account for any reason at our sole discretion without notice to You.
12. Mobile Devices, Phone Calls and SMS: lf You provide Command with a telephone number, such as when You purchase, enroll in or use a Program, you agree that Command may contact You about your Program and about other Programs and opportunities by telephone and/or text message utilizing automated technology at such telephone number. You understand that this consent is not required to purchase goods or services from Command.
Programs may offer content and features that are available via a mobile device. Standard messaging, data and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
13. Program Changes: Command frequently updates, revises and modifies Programs, including Program Content, features and services (“Program Changes”). Command reserves the right to make changes to Program Changes at any time, subject to such changes not materially degrading the Program.
14. Technical Requirements: You will be responsible for meeting and maintaining the minimum technical requirements for your selected purchase in order to access certain features of your Program. Access to Programs may require internet access, for which Command is not responsible.
15. Student Code of Conduct: Command may remove from Programs students whom Command deems in its discretion to be disruptive to the learning environment, dangerous to other students or faculty, have acted in a manner that shows lack of dignity and respect for faculty, mentors and/or students, violated any intellectual property rights of Command or others, or have engaged in academic misconduct, such as cheating or violating confidentiality. Students removed from Programs for violations of the Code of Conduct are not eligible for refunds.
16. International Students: lf You study in the U.S. on an international student visa You are responsible for complying with all of the terms of that visa, including timely departure from the U.S.
17. Disclaimer and Limitation of Liability: PROGRAMS ARE PROVIDED “AS IS” AND COMMAND DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. IN NO EVENT SHALL COMMAND BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, EVEN IF COMMAND HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COMMAND’S TOTAL LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU FOR YOUR PROGRAM.
The Programs of Command does not guarantee admission into any universities or colleges. They are designed to provide information only to students and parents /guardians. Command is not associated with any university/college admission board, any university/college, or any of its affiliates. Command disclaims any and all express or implied warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. ln no event Command shall be liable to students and parents/guardians for any consequential, special, punitive and incidental damages, even if Command has been informed of the possibility of such damages. ln no event Command Education shall be monetarily liable to students and parents/guardians.
18. Changes to These Terms and Conditions: Command reserves the right to change these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Program you purchased following the changes.
19. No Waiver: In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
20. Previous Terms and Conditions: In the event of any conflict between these Terms and Conditions and any prior including versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
21. Third Party Rights: Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Command.
22. Arbitration: Any and all disputes arising from or related to this Agreement and Command Education Consulting Agreement, including whether the dispute is arbitrable and the scope of this arbitration agreement, shall be finally resolved by arbitration administered by a single arbitrator under the then-applicable rules of the American Arbitration Association (as modified herein) in accordance with the Federal Arbitration Act. The arbitration shall be governed by and construed first by federal law to the fullest extent possible and then the laws of the State of New York, if federal law are inapplicable. Unless otherwise agreed by the parties, the arbitration shall take place within the City of New York, New York. lf you reside outside the United States, then the arbitration shall take place in accordance with the American Arbitration Association Consumer Rules and Protocol. Judgment on the arbitral award may be entered in any court having jurisdiction thereof.
23. Tax: Purchases may be subject to taxes in many states. Tax rates are different from state to state. You are responsible for paying all such taxes.
24. Consent and Release.
- During your Program, Command may contact You for feedback related to your Program. You may be photographed or your class recorded. You agree that Command may use the images and recording for quality control purposes.
- Programs or other activities may occur in hotels, schools and other facilities not controlled by Command (“Third Party Facilities”). You waive any claim against Command arising from your (or your child’s) use of Third-Party Facilities, including claims related to the safety and security of third-party facilities.
25. Miscellaneous: These Terms and Conditions supersede all prior oral or written agreements and constitute the entire agreement between the parties. Terms cannot be changed or modified orally. lf any provision of Terms and Conditions is found to be unenforceable for any reason, such provision shall be construed by limiting it to make it enforceable to the maximum extent permitted by law, and the remainder of Terms shall continue in full force and effect.
26. Intellectual Property WARNING: All Programs are owned by Command Group lnc., d/b/a Command Education. The Programs are for your private, personal and non-commercial use only. You may not enroll in or use any Program for the benefit of any competitor of Command. The Programs may not be shared with, recorded, resold, reproduced, re-published, altered, modified, transferred or distributed to any individual or entity in any way, shape or form without Command’s prior written consent. All materials, video, audio, text, questions, answers, explanations, diagram, images, photographs and other content that You receive or to which you have access during your purchased Program are protected by copyright law and belong to Command. You may not download, record, screenshot, copy or reproduce program’s content in any way, shape or form.
27. Contact: All comments, queries and requests relating to these Terms and Conditions are welcomed and should be addressed as follows:
By mail: Command Group lnc. 750 Lexington Avenue, 9th Floor, New York, NY 10022
By email: [email protected]
Revised: April 2020