BISK | Terms of Service

Welcome to Bisk Amplified!

This Terms of Service applies to your use of:

(1) Bisk Amplified, a proprietary online workforce and education platform that markets online courses and programs to organizations and employees, and (2) any products, services, websites or platforms to which these Terms of Service are affixed. Bisk Amplified and any derivative websites and platforms derived therefrom are owned and operated by Bisk Education, Inc. (“Bisk”). By using Bisk Amplified or otherwise accessing, viewing or using any products, services, websites or platforms to which these Terms of Service are affixed, you agree to these Terms of Service. If you do not agree with these Terms of Service, please discontinue using Bisk Amplified or any products, services, websites or platforms to which this Terms of Service is affixed.

For purposes of this Terms of Service, Bisk Amplified, any derivative website or platform of Bisk Amplified, and any products, services, websites or platforms to which these Terms of Service are affixed, shall be hereinafter collectively referred to as the “Platform”.

These Terms of Service will change over time. If we make minor changes to the Terms of Service without materially changing your rights, we will post the modified Terms of Service on the Platform. We will notify you by email, through the Platform, or by presenting you with an updated Terms of Service to accept if we make a modification that materially changes your rights. When you use the Platform after a modification is posted, you are accepting the modified Terms of Service.

If you are an authorized representative of an entity that has a written agreement with Bisk, then to the extent there is any conflict between these Terms of Service and such written agreement, the provisions in your separate written agreement apply.

Account Creation

You may be required to create an account to use the Platform. You can create an account on Bisk Amplified as a student, learner, employee or individual (collectively, a “learner”) seeking to enroll in a course or program offered via Bisk Amplified. You agree not to misrepresent any information about yourself in creating or using an account.

Any violation of these Terms of Service, at our discretion, may result in suspension or termination of your account.

Account Guidelines

As an account holder, you agree that any information you provide through your account registration is accurate, current and complete, and you agree to update your information as necessary to maintain its truth and accuracy. You also agree not to use the Platform to send spam or other unauthorized communications, and you agree not to use any collected personal information or learner data for purposes not authorized by Bisk or in violation of any agreement with Bisk. These prohibitions are addressed in further detail below. You may have the ability to contact individuals or organizations directly through the Platform. By using the Platform, you agree not to stalk, defame, bully, harass, abuse, threaten, intimidate, or impersonate any people or entities.

You are not allowed to post any violent, nude, discriminatory, hateful, or sexually suggestive photos or other similar content via the Platform. You are responsible for all content you upload to the Platform. You agree not to use the Platform for any illegal or unauthorized purpose, including spam, copyright infringement, identity theft, or fraud. You agree you will not attempt to restrict another user from using or enjoying the Platform and you must not encourage or facilitate violations of these Terms of Service.

Bisk is committed to helping learners succeed in their educational journeys. We encourage you to keep your account current. Any information you share directly with Bisk is subject to these Terms of Service and our Privacy Policy.

Bisk reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bisk’s sole discretion. Bisk reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Bisk to disclose the identity of anyone uploading, posting or making available any materials that are believed to violate these Terms of Service. BY ACCEPTING THESE TERMS OF SERVICE YOU WAIVE AND HOLD HARMLESS BISK AND BISK PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BISK DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BISK OR LAW ENFORCEMENT AUTHORITIES.

No Spam

We want Bisk Amplified to be a platform where our partners can connect with learners and other users in a way that is productive for all involved. To that end, we do not allow you to use the Platform to send unsolicited marketing messages or broadcasts (i.e., spam). Spam can take many forms, and our rules are meant to address a wide range of inappropriate content or messaging, including without limitation:

Unsolicited messages that aim to drive traffic or attention from the Platform to accounts, websites, products, services, or initiatives not directly related to a job opportunity posted on the platform;
Bulk or repeated identical messages, or high-volume messages with a low learner response rate
Messages that fail to comply with applicable anti-spam laws and regulations.

If we determine that you have sent spam or other unauthorized content, we may take any action we deem necessary to protect our users’ experience or the Platform, including demanding that you cease violating these Terms of Service, suspending your messaging privileges, or suspending or terminating your account(s).

General Guidelines for Learners, Education Partners and Employers

The Content You Submit Belongs to You

Bisk does not claim ownership of any content that you post on or through the Platform. By making your content available on or through the Platform, you grant to Bisk a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute your content only in connection with operating and providing the Platform, improving the Platform, developing new products and services, and for reporting purposes.

You are responsible for your content. You represent and warrant that you own your content or that you have all rights necessary to grant us a license to use your content as described in these Terms of Service. You also represent and warrant that your content and the use and provision of your content on the Platform will not: (a) infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

Our Intellectual Property Belongs to Us

The material, information and content accessible via the Platform or contained in any other website owned, operated, licensed, or controlled by Bisk or its licensors, excluding content posted or uploaded by you (collectively “Bisk Content”) is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Bisk, we own and retain all rights to the Bisk Content and the Platform. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Bisk Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit our content.

The Bisk names and logos are our trademarks (including without limitation Bisk Education and Bisk Amplified) and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Bisk, and may not be copied, imitated or used, in whole or in part, without prior written permission.

Termination

We reserve the right to suspend or terminate your account(s) for violation of these Terms of Service or any other policies associated with the Platform.

Account and Platform Security and Integrity

Bisk is dedicated to ensuring secure environments and follows a principle of least privilege for information security. You are responsible for keeping your password secret and secure, and we encourage you to update your password regularly.

By using the Platform, you agree not to change or modify the Platform to falsely imply that it is associated with another website. Creating accounts through unauthorized means, including scripts, bots, or automated crawlers is prohibited, as is collecting content through crawling, scraping, or caching of user profiles without our express consent.

You must not attempt to restrict another user from using or enjoying the Platform and you must not encourage or facilitate violations of these Terms of Service or any other Bisk terms.

No Monitoring

You are solely responsible for your interaction with other users of the Platform, whether online or offline. You agree that Bisk is not responsible or liable for your conduct. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you upload content or any personal or other information.

Third Party Links; Third Party Services

The Platform contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under Bisk’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services, including without limitation courses, content, certificates, micro-credentials and degrees provided by our educational partners, their faculty and administrators. Such Third-Party Services may include, without limitation, admissions decisions, hosting of learning management systems, securing your personal information and education records, provision of course materials and faculty, and recognition and delivery of credentials. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.

Violation and Enforcement of These Terms

We reserve the right to refuse access to the Platform to anyone for any reason at any time. We reserve the right to force forfeiture of any username or account for any reason. We may, but have no obligation to, remove, edit, block, and/or monitor content or accounts containing content that we determine in our sole discretion violates these Terms of Service.

Bisk’s Role in providing the Education Experience

Bisk allows its third-party partners to offer and sell their education products (i.e. online courses, certificates, micro-credentials and degree programs), as well as resell education products of their third parties, using the Platform. The learner is the end user of the education product.

Bisk does not own, create, sell, resell, provide, control, offer or deliver educational products contained on the Platform. The relevant education provider is indicated on the description of the education product. While Bisk helps facilitate inquiries, enrollments and payments that are carried out on the Platform, Bisk is not a buyer or seller in any transaction involving the education provider’s courses or programs or any other transaction among users of the Platform.

Bisk provides an avenue for learners and education providers to complete transactions. Accordingly, the contract agreed to by the learners regarding the education products is solely between the learners and education providers. Bisk does not assume any responsibility arising out of or in connection with the contract and/or the transaction. The education provider is solely responsible for the sale of their education products and the learner is solely responsible for the purchase of the education products.

By using the Platform, the learner acknowledges that in the event of a dispute between the learner and the education provider, Bisk is not a party to any transaction among the parties and therefore will not participate in any such dispute, except to help resolve the issues. You acknowledge and agree that Bisk may not, upon receiving notice of a dispute from a learner, cancel an enrollment. In such an event, you acknowledge and agree that you shall not have any cause of action against Bisk.

Bisk is not responsible for:

(a) the existence, quality, suitability of legality of an offered education product;

(b) the truth, accuracy or completeness of the information contained in an offering supplied by an education provider;

(d) the performance or conduct of an education provider or third-party on the Platform; and/or

(e) the quality, suitability or ability of Third Party Services.

The decision to purchase an offered education product shall be based solely on your own investigation and that of your legal, tax and other advisors. You accept sole responsibility for examining and investigating an education product and all information in an offering. This includes, but is not limited to, associated liabilities, financial statements, tax returns and any other facts or information which may impact your decision to purchase that offered education product and the price you are willing to pay. You understand that Bisk may display only a summary description of an offered education product.

Controlling Terms

Bisk is continually improving the Platform, and we may occasionally offer special features or functionality which include additional terms or conditions. If any of the additional terms or conditions conflict with these Terms of Service, the additional terms and conditions control.

Reporting Copyright and Other IP Violations

We respect other people’s rights and expect you to do the same. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.

Disclaimer of Warranties

The Platform, including, without limitation, Bisk Content, is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permitted by law, neither Bisk nor any of its employees, officers, directors or agents (collectively “Bisk Parties”) make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to: (a) the Platform; (b) Bisk Content; (c) user content; or (d) security associated with the transmission of information to Bisk or via the Platform. In addition, the Bisk Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.

The Bisk Parties do not represent or warrant that the Platform will be error-free or uninterrupted; that defects or errors will be corrected; or that the Platform or the server that makes the Platform available is free from any harmful components, including, without limitation, viruses. The Bisk Parties do not make any representations or warranties that the information (including any instructions) on the Platform is accurate, complete, or useful. You acknowledge that your use of the Platform is at your sole risk. The Bisk Parties do not warrant that your use of the Platform is lawful in any particular jurisdiction, and the Bisk Parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these Terms of Service.

By accessing or using the Platform, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Platform.

The Bisk Parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any content.

Electronic Communications

Visiting the Platform or sending emails to Bisk constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or via the Platform, satisfy any legal requirement that such communications be in writing.

Users hereby give any consents required by law for the Platform to operate as set forth in these Terms of Service.

Limitation of Liability; Waiver

Under no circumstances will the Bisk Parties be liable to you for any loss or damages of any kind (including, without limitation, for any direct, indirect, economic, exemplary, special, punitive, incidental or consequential losses or damages) that are directly or indirectly related to: (a) the Platform; (b) Bisk Content; (c) user content; (d) your use of, inability to use, or the performance of the Platform; (e) any action taken in connection with an investigation by Bisk Parties or law enforcement authorities regarding your or any other party’s use of the Platform; (f) any action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in the Platform’s operation; or (h) any damage to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Bisk Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort (including, without limitation, whether caused in whole or in part by negligence, acts of god, telecommunications failure, or theft or destruction of the Platform). In no event will the Bisk Parties be liable to you or anyone else for loss, damage or injury, including, without limitation, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event will the Bisk Parties total liability to you for all damages, losses or causes of action exceed one hundred United States dollars ($100.00).

You agree that in the event you incur any damages, losses or injuries that arise out of Bisk’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any web site, service, property, product or other content owned or controlled by the Bisk Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any web site, property, product, service, or other content owned or controlled by the Bisk Parties.

Bisk is not responsible for the actions, content, information, or data of third parties, and you release us and all Bisk Parties from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

International Users

The Platform is controlled, operated and administered by Bisk within the USA. If you access the Platform from a location outside the USA, you are responsible for compliance with all local laws and regulations. You agree that you will not use the Bisk Content accessed through the Platform in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

Unless prohibited by law, you (and also any third party for whom you operate an account or activity on the Platform) agree to defend, indemnify and hold harmless the Bisk Parties from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Platform or those conducted on your behalf): (i) your content or your access to or use of the Platform; (ii) your breach or alleged breach of these Terms of Service; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Bisk in the defense of any claim. Bisk reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Bisk.

Dispute Resolution

You agree that any dispute between you and Bisk arising out of or relating to these Terms of Service, the use of the Platform, or any other Bisk products or services (collectively, “Disputes”) will be governed by the procedures outlined below.

Governing Law

The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflict of laws principles.

Informal Dispute Resolution

We want to address your concerns without needing a formal legal case. Before filing a claim against Bisk, you agree to try to resolve the Dispute informally by contacting us at legal@Bisk.com. We’ll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or Bisk may bring a formal proceeding.

No Class Actions

You may only resolve Disputes with Bisk on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.

Judicial Forum for Disputes

In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Bisk agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Hillsborough County, Florida. Both you and Bisk consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

Limitation on Claims

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Platform must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

Governing Law & Venue

These Terms of Service are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You and Bisk agree that any judicial proceeding relating to these Terms of Service or any other dispute between you and Bisk will be brought in the federal or state courts of Hillsborough County, Florida. Both you and Bisk consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions. Bisk’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

Entire Agreement

If you are using the Platform on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Service constitute the entire agreement between you and Bisk and governs your use of the Platform, unless you have a separate signed agreement with Bisk.

You will not assign the Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Bisk. Any purported assignment or delegation by you without the appropriate prior written consent of Bisk will be null and void. Bisk may assign these Terms of Service or any rights hereunder without your consent.

Contact Us

Bisk welcomes your questions or comments regarding the Terms of Service:

Bisk Education, Inc.
9417 Princess Palm Avenue
Tampa, Florida 33619

Email Address:
legal@Bisk.com

Effective as of January 1, 2024