Terms of Service

(Last Revised June 9, 2024)

 

Educated Pathways, LLC (“Course Provider,” “we,” “us,” “our,” “their”) provides its services (as described below) to you as a participant (“Participant” or “you”) through a Kajabi website located at learn.educatedpathways.com (the “Website”) and through any related present or future mobile applications and related Services (as defined below), subject to the following Terms of Service (the “Terms of Service”). The Course Provider and Participant are collectively referred to herein as the “Parties.”

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICE, PARTICULARLY THE DISPUTE RESOLUTION SECTION, WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.

 

MODIFICATION OF THESE TERMS OF SERVICE: Course Provider reserves the right, at its sole discretion, to change or modify portions of these Terms of Service at any time. If we do, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services’ user interface, in an email notification or through other reasonable means and as required by applicable law. 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 Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Services from time to time.

These Terms of Service shall govern the use of all pages and screens in and on the courses, including The Complete College Application Course (together with the associated Course Materials, including, without limitation, certain video resources and digital workbooks, the “Initial Course”) and any other courses offered from time to time by the Course Provider (all collectively referred to as the “Courses” (as more specifically defined below)) and any services, videos, handouts, workbooks, presentation slides and/or slide decks, syllabi, or materials provided by or on the Courses by the Course Provider through the Website (collectively, such services, including the Courses, any new features or applications, and the Website are referred to herein as the “Services”) and/or on the Website. The Course Provider is the sole creator, operator, and publisher of the Courses.

 

EFFECTIVE DATE; TERM

These Terms of Service are effective with your digital signature and completed processing of your payment (the “Effective Date”). Your access to the Services commences on the Effective Date and continues until your access is cancelled by you or terminated by the Course Provider for non-payment or other actions as specified in these Terms of Service.

 

ASSENT AND ACCEPTANCE

By purchasing and participating in the Courses, the Participant represents and warrants that they have read and reviewed these Terms of Service and agree to be bound by their terms and conditions. By using the Services, the Participant consents to our collection and use of personal data as specified in our Privacy Policy. If you are under 18 years old (but older than 13 years old), you may use the Services, but only with the approval of your parent or guardian.

 

DEFINITIONS

“Courses” consists of the on-demand asynchronous Initial Course, together with delivery of the Course Materials, including certain video resources and digital workbooks, and any other online courses the Course Provider offers from time to time via the Website.

“Course Materials” includes video resources, syllabi, presentation slides or slide decks, worksheets, handouts, workbooks, and other materials and content provided by the Course Provider to the Participant during the Courses.

“Course Provider IP” includes the Courses, the Course Materials, and the Website.

“Fees” means the fees paid by Participant to the Course Provider for the Services.

“Intellectual Property Rights” means rights in or relating to databases, patents, performers’ rights, designs and registered designs, trademarks, trade secrets, trade names, service marks, trade dress, logos, copyrights, rights in or relating to confidential information and other intellectual property or proprietary rights (registered or unregistered) throughout the world.

“Website” means learn.educatedpathways.com

 

SCHEDULE

Each Course offered by the Course Provider is on-demand and may be completed in an asynchronous manner at Participant’s pace. Participant may purchase a full year (12 months) of access to each purchased Course for a flat fee stipulated on the Website (“Full Access Plan”) or may purchase one month of access to a purchased Course at the monthly rate stipulated on the Website through a monthly recurring charge, which charge may be cancelled at any time within the notice periods stipulated on the Website (“Monthly Access Plan”). If Participant desires to extend access to a purchased Course beyond the 12-months purchased with Full Access, the Participant may elect, via the Website, to extend their access to such Course on a month-to-month basis (“Extended Access”). At the conclusion of Participant’s period of Full Access Plan and/or any Extended Access period or any paid Monthly Access Plan, Participant shall lose access to all Course content beyond any resources that the Course Provider may designate as downloadable.

 

PAYMENT OF FEES; REFUND POLICY

Participant agrees to pay the specified Fees for Courses with a credit card in accordance with these Terms of Service. Participant hereby authorizes the Course Provider and/or Kajabi to collect payment of the advertised Fees for the Course with the credit card provided by Participant or with any other payment methods that Kajabi can process for payment, including, without limitation, Apple Pay, Google Pay, and PayPal. All Fees shall be paid in United States dollars. You represent and warrant that any credit card information provided is true and that you are authorized to use such credit card. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You agree to pay the Course Provider and/or Kajabi the amount specified in the payment plan you selected in accordance with the terms of such plan and these Terms of Service. If you select a Monthly Access Plan, you authorize the Course Provider and/or Kajabi to maintain your account information and charge that account automatically on the renewal of the Services you chose with no further action required by you. If payment is not processed, Participant’s access to the Services will be cancelled automatically. Once a Monthly Access Plan is cancelled, Participant must pay the current rates as published on the Website to reinstate access to the Services. All rates will be forfeited immediately at the time of cancellation of access to the Services, whether such cancellation relates to automatic cancellation due to inability to process your credit card, non-payment, or your own affirmative cancellation action.

You hereby authorize the Course Provider and/or Kajabi to bill your credit card in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges, you must make such dispute to the Course Provider and/or Kajabi within sixty (60) days after the date of the credit card charge in dispute. We reserve the right to change prices for the Services. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount.

Once the Participant has accessed a Course, the Participant shall not be entitled to a refund of Fees paid. Course registration is non-transferrable. Fees for each Course shall be listed on the Website and may change from time to time. The Course Provider may provide a discount for multiples (twins, triplets, etc.), and such discounts will be specified on the Website.

 

SINGLE USER REGISTRATION

Each Course and the associated Course Materials are limited to the individual personal use of the Participant who paid the Fees to the Course Provider. You may never use another person’s account, and you may not provide another person with your username and password to access your account. You should maintain control of all devices used to access the Services. You are fully responsible for all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to immediately notify the Course Provider of any unauthorized use of your password or account or any other breach of security relating to the Services, and you agree to ensure that you exit from your account at the end of each session when accessing the Services (whether on a private, personal, or school-issued computer or a public computer such as at a school or library). You may not share your login information to the Courses or the Course Materials or Course Provider IP with colleagues, friends, businesses, or any third party without Course Provider’s express prior written permission, nor can you display, perform, or share Course videos in a group setting. If the Course Provider suspects that the Participant has shared log-in information or Course Materials with any other party without authorization, the Course Provider reserves the right, in its sole discretion, to immediately terminate the Participant’s access to the Courses and Course Materials.

 

LICENSE TO WEBSITE ACCESS & COURSE MATERIALS; NON-COMMERCIAL USE

All content and other materials provided to you by the Course Provider through the Services are owned or licensed by the Course Provider. The Participant will access the Courses via the Website and will receive certain Course Materials during participation in the Courses. The Services, and any Course content viewed and used through the Services, is solely for Participant’s personal and non-commercial use. Subject to these Terms of Service and with Participant’s payment of applicable Fees to the Course Provider for access to Courses, the Course Provider grants the Participant a non-exclusive, limited, non-transferable and revocable license to use the Course Materials on a streaming-only basis and solely in connection with participation in the Courses. Except for the foregoing limited license, no right, title, or interest is transferred to the Participant. The Course Provider may, in its sole discretion, revoke this license at any time. The limited personal license provided to you herein, as well as your access to all Course Materials, expire automatically when you cancel a Monthly Access Plan, when your Full Access Plan is completed (including any Extended Access you have paid for), or when your access is suspended or terminated for non-payment, violation of these Terms of Service, or any other reason stipulated herein.

Unless otherwise expressly authorized herein or by the Course Provider in writing, Participant shall not display, distribute, license, perform, publish, reproduce, duplicate, copy, share, commercialize, create derivative works from, modify, sell, resell, exploit, transfer, or upload (collectively, “Exploit”) for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

 

USE OF THE SERVICES BY EDUCATIONAL CONSULTANTS AND COUNSELORS

The Courses are not intended for independent educational consultants, high school counselors, or other educational professionals (collectively, “Consultants”). If a Consultant purchases a Course for their individual personal use and/or the individual personal use of their own children or family members, the Consultant hereby acknowledges and agrees that they shall not Exploit the Services, specifically any Course Materials and/or Course Provider IP, for commercial purposes, including, without limitation, in connection with selling such Exploited Services through a similar course or workshop.

 

MOBILE USE

The Services may include certain services that are available via a mobile device, including (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the WebSite from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. The Website provider may share your phone numbers with its affiliates or with its service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with that provider to assist in pursuing its rights or providing Services under these Terms of Service, its policies, applicable law, or any other agreement it or we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by the Website provider or us to carry out the purposes we have identified above, and not for their own purposes. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.

 

INTELLECTUAL PROPERTY

The Participant hereby agrees that the Course Provider IP and any other Services provided by the Course Provider are the sole and exclusive property of the Course Provider and that the Course Provider holds all right, title, and interest in all Intellectual Property Rights in the Course Provider IP; provided, however, that the Course Materials include certain discrete content contributions, with or without attribution, from third party sources, which are in most cases listed in the Course Materials as resources that the Participant can use or access for additional information. The Participant shall not use the Course Provider IP for any unlawful or infringing purpose.

Participant shall not modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services, the Course Provider IP, or the Course Materials, in whole or in part, except that the foregoing does not apply to any Participant Contributions (as defined below) that Participant legally uploads or publishes to the Services. In connection with Participant’s use of the Services, Participant will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If Participant is blocked by the Course Provider from accessing the Services (including blocking Participant’s IP address), Participant shall not implement any measures to circumvent such blocking (e.g., by masking Participant’s IP address or using a proxy IP address). Any use of the Services or the Course Materials other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of the Course Provider and its affiliates, partners, and/or providers (the “Software”). Participant shall not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by the Course Provider.

The Participant shall not reproduce or distribute the Course Provider IP in any way, including, without limitation, electronically or via registration of any new trademarks, trade names, service marks, or URLs.

PARTICIPANT AGREES THEY WILL NOT CREATE PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, A COURSE SUBSTANTIALLY SIMILAR IN CONTENT, FORMAT, OR OTHERWISE TO THE INITIAL COURSE, ANY OTHER COURSES DEVELOPED AND PROVIDED BY THE COURSE PROVIDER FROM TIME TO TIME, AND/OR SERVICES PROVIDED BY THE COURSE PROVIDER TO PARTICIPANT UNDER THESE TERMS OF SERVICE.

 

PRIVACY OF PARTICIPANTS

The Course Provider is committed to respecting your privacy and confidential information and expects you to be equally committed to protecting the privacy and confidential personal and business information of the Course Provider and/or any other participants. For more information about what the Course Provider may collect from you through the Website and/or the Services and how we may use that information, please read our Privacy Policy.

 

PARTICIPANT CONTENT & ACCEPTABLE USE

Violations of this provision may result in immediate termination of these Terms of Service and Participant’s access to the Courses in Course Provider’s sole discretion and with no compensation or refund owing. Course Provider is dedicated to providing a welcoming space for all participants. Participant agrees to respect the privacy and keep confidential the Confidential Information and all other personal information shared by other participants in any live sessions.

Through participation in the Courses and use of the Website, the Participant may post, upload, publish, display, or email video, images, text, documents, information, messages, or other materials to the Course pages and other parts of the Website (“Participant Contributions”). The Participant hereby grants the Course Provider a royalty-free, non-exclusive, fully-paid up, transferable, perpetual, irrevocable worldwide license to copy, display, use, upload, adapt, perform, broadcast, publish, transmit, distribute, store, modify, make derivative works of, and otherwise use and fully exploit Participant Contributions in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise). The Course Provider claims no further proprietary rights in the Participant Contributions. The Participant hereby represents and warrants that Participant owns all right, title, and interest in and to the Participant Contributions, including, without limitation, all Intellectual Property Rights and rights of publicity contained therein, and has all required rights to post or transmit such Participant Contributions without violation of any third-party rights.

Course Provider does not tolerate harassment, whether unintended or intentional, in any form. “Harassment” includes, without limitation, offensive verbal and written content relating to gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, national origin, religion, technology choices, sexual images, deliberate intimidation, stalking, harassing photography or recording, sustained disruption of sessions or other events, inappropriate physical or verbal interaction, and unwelcome sexual or discriminatory attention, as well as slights, negative messages, and other microaggressions, whether intended or not.

Participant hereby further agrees to comply with the following “Acceptable Use” provisions of these Terms of Service for all Participant Contributions. Participant Contributions shall not

• (i) violate or infringe the Intellectual Property Rights of any third party;
• (ii) violate any restrictions against upload or publication by which Participant is bound under any applicable law or contractual or fiduciary relationship;
• (iii) pose or create a security or privacy risk to any person;
• (iv) constitute unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
• (v) mention products or services they sell or prefer, unless mentioned solely in the context of providing other participants with educational insights;
• (vi) employ Harassment in any form, including, without limitation, using unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, excessively violent, vulgar, obscene, pornographic, racially, ethnically, or otherwise hateful language
• (vii) contain software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
• (viii) in the sole discretion of the Course Provider, be objectionable or restrict or limit the ability of any person to fully enjoy the Services as intended.

Further, each Participant shall refrain from interfering with or disrupting the Services in any way, violating any applicable laws, impersonating any person or falsely stating or misrepresenting Participant’s affiliation with a person or entity, harvesting or collecting email addresses or other contact information from other users or participants in the Services for purposes of sending unsolicited emails or other unsolicited communications, advertising or offering to sell or buy any goods or services for any business purpose that is not specifically authorized, or furthering or promoting any criminal activity or enterprise.

Participant acknowledges and agrees that the Course Provider may preserve Participant Contributions and content and may also disclose such Participant Contributions and content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the Course Provider, its users and the public. Participant understands that the technical processing and transmission of the Services, including Participant’s Contributions and content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

 

THIRD PARTY WEBSITES

The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. The Course Provider has no control over such sites and resources and is not responsible for and does not endorse such sites and resources. Participant acknowledges and agrees that the Course Provider 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 Participant has with third parties found while using the Services are between Participant and the third party, and Participant agrees that the Course Provider is not liable for any loss or claim that Participant may have against any such third party.

 

NO GUARANTEE OF RESULTS

Participant acknowledges and agrees that many factors affect college admissions outcomes, including, without limitation, a student’s GPA, test scores, extracurricular activities, portfolio, employment, performance in interviews and/or auditions, learning differences, and disciplinary record. The Course Provider does not guarantee that use or completion of the Courses will result in any particular or general result or outcome, including admission of any Participant (and/or Participant’s minor child) to any particular university, college, or program or Participant and/or Participant’s minor child’s satisfaction with admissions outcomes. Course Provider does not offer individualized college consulting or advising to Participant through the Courses, nor does Course Provider provide any financial, legal, or other professional services or advice.

Participant knowingly and voluntarily assumes all responsibility for Participant’s use and inability to use the Services, as well as all risks arising out of the Services and any decisions Participant may make during or after using the Services. Individual risks and results vary significantly, based on factors outside Course Provider’s control. Any testimonials, statements, or opinions about the Course Provider’s Services seen or relied on by Participant were provided voluntarily by actual clients who have worked with Course Provider in various capacities over the years and are not a guarantee of any results Participant and/or Participant’s minor child may experience, which results will vary based on many factors outside the control of Course Provider.

 

CONFIDENTIALITY

Participant agrees to protect and maintain the confidentiality of other participants’ identity, personal stories, and any business information shared or otherwise disclosed in or on the Services. Violation of this provision will result in immediate termination of these Terms of Service upon notice to Participant and removal from the Courses without any refund or further liability to Participant.

 

MARKETING PERMISSIONS

Participant agrees that Course Provider may publish on the Website or in any written materials any written testimonials and/or photos provided by Participant.

 

INDEMNIFICATION

To the fullest extent permitted by law, Participant agrees to release, indemnify and hold the Course Provider and its affiliates and their respective officers, employees, directors, members, managers, agents, and representatives harmless 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 Participant’s use of the Services, any Participant Contributions, Participant’s connection to the Services, Participant’s violation of these Terms of Service, or Participant’s violation of any rights of another. If Participant is a California resident, Participant waives California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If Participant is a resident of another jurisdiction, Participant waives any comparable statute or doctrine.

 

DISCLAIMER OF WARRANTIES

Although Course Provider uses reasonable efforts to ensure the information Course Provider shares as part of the Services is verified by reliable sources, all information and content on the Website and/or Course Provider’s Services platform or included in the Course Provider’s resource library and any other Course Materials Course Provider provides is for informational purposes only and provided “as is” without guarantees or promises as to accuracy or any results Participant may obtain by using that content or engaging in the Services. Course Provider will use reasonable efforts to make the Services available to Participant; however, Course Provider makes no guarantees as to the uptime or availability of the Services, and Course Provider does not warrant that the Services, including any Course Materials provided, or any of their functions will be complete, error-free, or uninterrupted or that defects will be corrected. To the fullest extent permitted by applicable law, Course Provider shall have no responsibility or liability for any content or materials included in the Services, delays, or failures in delivery of the Services, actions of other participants, or any other resulting damage, including, without limitation, damage from virus attacks, internet congestion, denial of service, or power outages. Except as otherwise set forth in these Terms of Service, Course Provider does not make and hereby specifically disclaims all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, course of dealing, course of performance, noninfringement, or other violation of rights.

PARTICIPANT’S USE OF THE SERVICES IS AT PARTICIPANT’S SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE COURSE PROVIDER 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, COURSE OF DEALING, TITLE, AND NON-INFRINGEMENT.

COURSE PROVIDER MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET PARTICIPANT’S REQUIREMENTS OR EXPECTATIONS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY PARTICIPANT THROUGH THE SERVICES WILL MEET PARTICIPANT’S EXPECTATIONS.

LIMITATION OF LIABILITY

PARTICIPANT EXPRESSLY UNDERSTANDS AND AGREES THAT COURSE PROVIDER 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 COURSE PROVIDER 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 SERVICES; (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 SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF PARTICIPANT’S TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL COURSE PROVIDER’S TOTAL LIABILITY TO PARTICIPANT FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT PARTICIPANT PAID IN FEES TO COURSE PROVIDER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

 

TERMINATION

Participant agrees that the Course Provider, in its sole discretion, may suspend or terminate Participant’s account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, if Course Provider believes that Participant has violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Participant’s use of Services may be referred to appropriate law enforcement authorities. The Course Provider may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. Participant agrees that any termination of access to the Services under any provision of these Terms of Service may be effected without prior notice and acknowledges and agrees that the Course Provider may immediately deactivate or delete Participant’s account and all related information and files in such account and/or bar any further access to such files or the Services. Further, Participant agrees that the Course Provider will not be liable to Participant or any third party for any termination of Participant’s access to the Services. The Course Provider has no obligation to retain any information that might be contained in your account for any period of time beyond what may be required under applicable law.

You acknowledge that the Course Provider may establish general practices and limits concerning use of the Services, including, without limitation, the maximum period that data or other content will be retained by the Website and/or the Course Provider. You further acknowledge that the Website provider may allot a maximum amount of storage space on its servers for your data and that neither the Course Provider nor the Website provider has any responsibility for the deletion or failure to store any data or other content maintained or uploaded by the Participant. You acknowledge that the Website provider reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that the Website provider may change its general practices and limits at any time, in its sole discretion, with or without notice.

 

DISPUTE RESOLUTION

The Parties agree that these Terms of Service affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes between the Parties, including but not limited to, claims arising out of or relating to any aspect of the relationship between the Parties, these Terms of Service, or the Services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

If Participant has any dispute with the Course Provider, Participant agrees that before taking any formal action, Participant will contact the Course Provider and provide a brief, written description of the dispute and Participant’s contact information (including Participant’s username, if the dispute relates to an account). Except for intellectual property and small claims court claims, the Parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either Party initiating a lawsuit or arbitration.

All disputes, claims, or controversies arising out of or relating to these Terms of Service or the Services that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration to be conducted in accordance with the Georgia Arbitration Code rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Arbitration shall be held in Cherokee County, Georgia, unless the Parties mutually agree to another location or telephonic arbitration. The Parties agree to submit to the personal jurisdiction of any federal or state court in Cherokee County, Georgia to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the Parties and may be entered as a judgment in any court of competent jurisdiction. Each Party shall bear its own costs of arbitration, including but not limited to, attorneys’ fees and expert witness costs.

The Course Provider and Participant hereby agree that the arbitration shall be conducted in the Party’s respective individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. PARTICIPANT AND COURSE PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the Parties shall be deemed to have not agreed to arbitrate disputes.

Notwithstanding the Parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect Intellectual Property Rights. You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND THE COURSE PROVIDER REGARDING ANY ASPECT OF THE SERVICES (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

 

INTERNATIONAL USERS

Recognizing the global nature of the Internet, Participant agrees to comply with all local rules and laws regarding their use of the Services, including as it concerns online conduct and acceptable content.

 

FORCE MAJEURE

Regardless of any other provisions in these Terms of Service, Course Provider and its owners, managers, members, officers, employees, contractors, vendors, and other agents shall not be in breach of these Terms of Service or liable to Participant in relation to their delay or failure to deliver the Services due to occurrences outside their reasonable control that may make it illegal, impossible, inadvisable, or commercially impractical, as determined in Course Provider’s reasonable discretion, to provide access to the Services, in full or in part, as a result of government- and agency-issued orders, restrictions, and recommendations, health and travel restrictions, floods, fires, wars, epidemics, pandemics, illness, accidents, internet and third party application connectivity, loss of electricity, delays by Participant or other attendance and participation impediments they may experience, and other impediments to performance caused directly or indirectly by any event or circumstances outside Course Provider’s reasonable control, as long as Course Provider notifies Participant as soon as reasonably practicable. Course Provider will not provide refunds for these or any other reasons; however, Course Provider will, in its sole discretion, elect to offer an alternative method of providing Services or to reschedule live elements of the Services, if any, once Course Provider has determined, together with its advisors, that it is legal, possible, advisable, and commercially practical to resume performance.

 

GENERAL PROVISIONS

These Terms of Service constitute the exclusive agreement between the Parties with respect to their subject matter and as of this date supersedes all prior agreements, negotiations, representations, and proposals, written or oral, related to their subject matter. These Terms of Service cannot be modified, supplemented, or rescinded except by an agreement in writing signed by an authorized officer or representative of all Parties. There are no conditions precedent to the effectiveness of these Terms of Service other than those expressly stated herein. The provisions of these Terms of Service may not be explained, supplemented, or qualified through evidence of trade usage or a prior course of dealing. In agreeing to these Terms of Service, neither Party has relied on any statement, representation, warranty, or agreement of the other Party except for those expressly included herein. Participant also may be subject to additional terms and conditions that may apply when and if Participant uses affiliate or third-party services, third party content, or third-party software. These Terms of Service will be governed by the laws of the State of Georgia without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth herein above, the Parties agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Cherokee County, Georgia. The failure of the Course Provider to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect. Participant agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Participant may not assign these Terms of Service without the prior written consent of the Course Provider, but the Course Provider may assign or transfer its obligations hereunder, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to Participant may be made via either email or regular mail. Under no circumstances shall the Course Provider be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. The Services may also provide notices to Participant of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.