Terms & Conditions
TERMS OF SERVICE
March 13, 2022
Avocademy, Inc. (collectively, "we," "us" or "Avocademy") provides you an access to its online courses, information, content, services, mentorship, and materials through www.avocademy.com, and its subdomains, social media channels, or other online channels (collectively, “Website”) or participate in any Avocademy online educational programs or courses (collectively, the “Online Courses”) and related services, such as careers services, mentorship, community, or any part thereof (collectively, ”Services”).
By using the Service, clicking “I Agree”, “Submit”, or “Register, or by creating a user account ("User Account"), purchasing an Online Course, or by indicating your agreement to these Terms through a similar mechanism, you are agreeing to be bound by these Terms. If you do not agree to these Terms, do not use the Websites or Services. If you are under the age of 18, but at least 13 years of age, you represent and agree that you are an emancipated minor or possess legal parental or guardian consent to use the Services and are fully able and competent to enter into all of the conditions, obligations, affirmations, representations and warranties set forth in these Terms. The Services are not intended for, nor directed at, individuals under the age of 13 (or under the applicable age of consent in your jurisdiction); if you are under 13 years of age (or the applicable age of consent in your jurisdiction), do not use the Services.
ACCESS AND USER ACCOUNTS
You can only be browsing the Website and Services we provide (“Visitor”), but to use, access, or take part in any of our Services (“Student”), you must create an User Account by selecting a login identification ("User ID") and a unique user password ("User Password"). Student, Visitor, or any other person that participates, interacts with, or otherwise makes use of any of the Services, Online Courses, Forums (as defined below) and/or any Avocademy community (“User”) must agree to never divulge or share access to User Account with any third party for any reason and to abide by all applicable laws, rules, regulations, as well as these Terms.
In setting up your User Account, you may be prompted or required to enter additional information, including, but not limited, to your name and email address. Additional information may be required to confirm your identity upon setting up your User Account. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Services and your enrollment in any Online Courses, to the extent applicable.
Avocademy reserves the right, at any time and from time to time, to modify, discontinue, temporarily or permanently, the Services provided or any part or portion thereof, with or without notice to you. You agree that Avocademy shall not be liable to you or to any third party for any modifications, suspensions, or discontinuance of the Services, or any portion thereof. Nothing in these Terms shall be construed to obligate Avocademy to maintain and support the Services or any part or portion thereof.
Avocademy, mentors, the instructors further reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses, as well as the point value or weight of assignments, tests, quizzes, exams, projects, and other such evaluations of progress. By attending the Online Courses, you acknowledge that Avocademy, the instructors, and the mentors maintain the right and ability to adapt, modify or revise the Online Courses as Avocademy, the instructors, and the mentors deem appropriate.
Upon conclusion of the applicable Online Course, Avocademy may, in its sole discretion of its instructors and mentors, award you with certificate, provided that you have completed the Online Course to the satisfaction of Avocademy including without limitation being in compliance with all Avocademy policies and requirements set out in these Terms, Addendums, and Online Courses.
MODIFICATION OF THESE TERMS
We reserve the right to change or modify these Terms at our sole discretion at any time. We will notify you of any material changes to these Terms or Services. If you do not accept such changes your use and/or access to the Services will be terminated and you should stop using the Website. Any change or modification to these Terms will be effective immediately upon posting by Avocademy on a Website, or as of the date indicated in the updated Terms.
If you are a Visitor, we may contact you through our in-website and in-mobile app notification, messaging, and chat services while you browse the Services or the Website. You consent to receive these notifications and messages. We also provide information on our Website for you to contact us with questions or comments. If you use this information to contact us, or register for our Services or updates, you consent to receive any notifications, messages, or other communications in response to any such contact.
STUDENT AND AVOCADEMY COMMUNICATIONS
Agreement to Receive Autodialed or Pre-recorded Calls and SMS Messaging. By agreeing to receive electronic communications and/or by providing us your telephone or mobile number in connection with our Services, you represent that you are the subscriber of the cellular service at the mobile number provided, or that you are authorized by the subscriber to sign up to receive communications by telephone or text message. You further consent to receive autodialed or prerecorded calls, SMS, and/or text messages from us so that we may (i) notify you about activity connected with your User Account and any use thereof; (ii) provide you with Services associated with the Websites or Online Courses; (iii) troubleshoot problems with your User Account; (iv) resolve disputes; (v) collect debts; or (vi) as otherwise necessary to service your User Account or enforce these Terms, our policies, applicable law, or any other agreement we may have with you. With your consent, we may also use automated technology or a pre-recorded voice to contact you by phone or SMS with offers and promotions that may interest you. To opt out of receiving offers and promotions by phone or SMS, please text STOP in reply to any communication sent by us or to the phone number identified in connection with our Service from the device for which you no longer wish to receive communications. We won’t share your phone number with third parties for any other purposes, other than to provide services to Avocademy on our behalf as noted below, without your consent. We may share your phone numbers with our third-party service providers, that facilitate the provision of the Services, customer support, billing or collections companies, who we have contracted with to assist us in pursuing our rights or performing our obligations under these Terms, our policies, applicable law, or any other agreement we may have with you. Other than prohibited by law, you agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. Standard telephone minute and text charges may apply.
You further understand and consent that we may, upon notice at time of contact, monitor, or record telephone conversations between us (or our service providers) and you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
USER CONDUCT POLICY
As a condition of accessing or using any of the Services and/or Online Courses, you are, prohibited from undertaking, and agree not to: (a) violate any applicable laws, regulations, or rules; (b) reproduce, duplicate, copy, sell, resell, display, publish, transfer, distribute, create derivative works of, or exploit for any commercial purposes any portion of the Services, the Online Courses, and any Content (as defined below); (c) reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services; (d) use Avocademy’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (e) use any high volume, automated, electronic, or third party means to access the Services including without limitation robots, crawlers, browser plug-ins, browser extensions, spiders, or scripts (“Add-ons”)); (f) frame the Services, place pop-up windows over its pages, or otherwise affect the display of its pages; (g) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (h) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; (i) directly, or through any Add-ons, scrape any part of the Websites and/or Online Courses; and/or (j) interfere with or disrupt the Services, Online Courses, servers, or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
In addition, you may not post, upload, or transmit to or otherwise make available through the Services, Online Courses, any content, communications, or other information (collectively, "Unauthorized Content"):
- that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
- that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information
- that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
- that violates the rights of other Users of the Services and Online Courses; or
- that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
AVOCADEMY’S INTELLECTUAL PROPERTY RIGHTS
The Services are owned and operated by Avocademy and its licensors. All content or other material available through the Services, including, but not limited to, information on the Website, On-line Courses, speeches, video or other lessons, applications, pre-assessments and assessments, quizzes, presentation materials, homework assignments, programming assignments, programs, code, licenses, and other images, text, layouts, arrangements, displays, illustrations, documents, surveys, materials, audio and video clips, HTML, and files (collectively, the "Content"), are the property of Avocademy or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.
Avocademy logos, trademarks and service marks which may appear on the Website(s), throughout the Services and in Online Courses ("Marks") are the property of Avocademy and are protected under United States and foreign laws. All other trademarks, service marks, and logos used on the Services, with or without attribution, are the trademarks, service marks, or logos of their respective owners. In addition, elements of the Services are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Avocademy.
From time to time, Avocademy may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an "as-is" basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities as set forth and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Avocademy, its affiliates, and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.
LICENSE TO USE THE SERVICES
Subject to your compliance with these Terms, Avocademy hereby grants you a freely revocable, worldwide, non-exclusive, non- transferable, non-sublicensable limited right and license to access, internally use and display the Services, including the Content, at your location solely as necessary to participate in the Online Courses as permitted hereunder. You must abide by all copyright notices or restrictions contained on the Website(s), in any Online Course, or in the Content. You may not delete any attributions, legal or proprietary notices on the Website(s), in the Online Courses, or on the Content.
In some instances, some Services are provided on or through third party platforms or services (“Licensor”), which may require you to agree to or abide by the Licensor’s terms and conditions. Avocademy has no control and is not responsible for those Licensors of the services and platforms.
Avocademy may provide Users with the ability to upload posts, chat with other Users, post content, discussions, materials, media, and other information through the Services for social interaction or for use with the Online Courses (collectively, "User Content"). Avocademy does not claim ownership of any User Content. Avocademy does not guarantee that any User Content is accurate, truthful, up to date, reliable, or appropriate and disclaims any and all liability to you to the fullest extent of the law related to such User Content. You understand and agree that your reliance on or reference to such User Content is solely at your own risk. Accordingly, subject to the license granted to Avocademy below, you will be the sole and exclusive owner of any and all rights, title, and interest in and to the User Content that you submit, post, or share via our Services.
With respect to any User Content you submit to our Services (including for inclusion on the Website(s) or Online Courses) or that is otherwise made available to Avocademy, you hereby grant Avocademy an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such User Content in the Online Courses, Website(s), or Services, or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose). Avocademy reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content through any of the Services, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Avocademy to use such User Content as provided above, (b) your User Content is accurate and reasonably complete, (c) as between you and Avocademy, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, (d) such User Content does not violate and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices, and (e) your User Content shall comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content, including, but not limiting to, laws regarding the transmission of technical data exported from the United States or the country in which you reside.
FORUM, BLOG, AND CHATROOM SERVICES
You may be able to post messages to, and interact with other Users, mentors, instructors, or Avocademy service providers through User forums, chat rooms, or other communication channels in connection with the Services or with your participation in any Online Courses (each a “Forum”). Your use of these Forums is subject to and governed by these Terms. By using any of the communications methods available on the Online Courses, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by Avocademy in any manner (unless expressly stated otherwise by Avocademy) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by Avocademy in any manner, though Avocademy reserves the right to do so at any time at its sole discretion in accordance with these Terms. You acknowledge and agree that any Services Avocademy provides to you via such Forums may be monitored or recorded for quality control purposes and that the information or material provided by Avocademy in the Forum is considered "Content" under these Terms and is provided for educational purposes only.
By enrolling in an Online Course or purchasing any of our Services and providing Avocademy with your payment information, you hereby agree to these Terms, requirements, the payment terms herein, and in the Addendum, schedule, or order (“Addendum”). To use the purchased Services and Online Courses offered by Avocademy, you must have Internet access, be in good financial standing with Avocademy, and a current valid accepted payment method as indicated during sign-up process ("Payment Method") and abide by any requirements herein and in the Addendum. You agree that Avocademy or its third-party payment provider may access, store, and process your payment information you provided in connection with your selected Payment Method. You also agree to pay the applicable fees for the Services as they become due, whether on a one-time, installment, or loan basis, or as otherwise agreed between the parties in the Addendum. Fees may vary based on your location, the type of Payment Method used, where your Payment Method was issued, or other contractual arrangements. Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Avocademy does not support all payment methods, currencies or locations for payment and may vary such offerings from time to time. Additionally, you understand and agree that not all promotions and pricing are available to all Students, and that specific additional terms and conditions may apply to certain promotional programs, pricing, or geographic locations. You agree to use your own valid Payment Method and not impersonate or otherwise use certain Payment Method to avoid regulatory restrictions. Good financial standing is defined as not having any past due balances to Avocademy.
CANCELLATION & REFUND POLICY
Following your subscription cancellation, you will continue to have limited access to the Online Course materials.
Cancellation terms. Except as otherwise required by law, subject to contractual obligations, or the agreed upon terms in the Addendum, Users enrolled have seven (7) days from the enrollment date to the Online Course as further described in the Addendum. In order to cancel and request a full refund you must send a termination notice to [email protected] no later than by 11:59 ET of the 7th day. Fees paid for any Services after such deadline are non-refundable for the term of the enrolled Online Course.
Following your request to cancel, you may receive a respnse from Avocademy in order to obtain information and feedback relating to your request, so that Avocademy can better understand its customers’ needs and preferences, and/or you may also be asked to participate in a call with an Avocademy representative for similar purposes. Notwithstanding such communications, the date of your original cancellation request will serve as the date for calculating your refund eligibility; additionally, you will not be required to engage in such communications in order to complete your cancellation.
Refunds: Other than stated above for each form of enrollment or payment method, you hereby acknowledge and agree that Avocademy will not offer refunds on any fees and charges related to your purchase of any Services. This includes any partially used or unused Services periods for which you have already paid. We do not guarantee refunds for lack of usage or dissatisfaction. Upon completion of your Services or Online Courses, you will not be charged for future monthly fees unless you decide to enroll into other Avocademy’s Services or Online Courses. However, you will not be issued a refund for the most recently (or any previously) charged fees. In addition, if you timely cancel your enrollment, and subsequently re-enroll for the same Online Course, you will not be entitled to an additional seven (7) day refund period, only one refund period is extended by Avocademy per Student per Online Course. If you purchase any Online Course or Service through a mobile purchase or third-party marketplace (e.g., in-app purchases through the Apple App Store, Android App Store or purchases made through certain alternative payment services), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by Avocademy. Except as otherwise explicitly stated by Avocademy, the third-party marketplace will be solely responsible for making refunds under its refund policy, and Avocademy will have no refund obligations. Avocademy disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy.
Taxes. When you purchase any Service from Avocademy, you agree to pay not only the applicable fee, but also all applicable sales, use, value added, transaction taxes, or other government-required fees and charges that Avocademy determines it is required to collect (“Taxes”). Please note that Avocademy will calculate the “estimated Taxes” at checkout and that, upon confirmation, you may be responsible for a different total. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You hereby authorize Avocademy to modify and charge any Taxes owed by you upon confirming the tax rate. Please also note that where VAT collection is required, if any, VAT will be calculated and added at checkout. You hereby agree to indemnify and hold Avocademy harmless against any and all claims by any tax authority for any underpayment of any Taxes, including, without limitation, VAT, and any related penalties and/or interest.
Credit Card Billing. Credit card payments are processed by our third-party payment processor(s). If you elected and agreed to pay by credit card, by agreeing to these Terms, you agree to be bound by the third-party payment processor’s terms. Any breach of those terms will be treated as a breach of these Terms. Based on the payment frequency you elected, your credit card will be charged in accordance with the elected payment schedule for the cost of the Services and any applicable taxes. If any fee is not paid in a timely manner, or our third-party payment processor(s) are unable to process your transaction using the credit card information provided, we reserve the right to terminate your User Account or suspend or terminate your access to the Online Course and Services as we deem appropriate. If your payment details change, your card provider may provide us with updated card details, and you agree to the collection of such details by our third-party payment processor(s). We may use these new details in order to help prevent any interruption in the access to the Services. If you would like to use a different payment method or if there is a change in payment method, you must notify us promptly at [email protected]
LINKING TO THIRD-PARTY SITES AND CONTENT
The Websites, Online Courses, and/or Content may contain links to pages or content on third-party websites ("Linked Sites"), and those Linked Sites may contain content or offer products and/or services for sale. Avocademy does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Website(s), Online Courses, or Content at any time for any reason or for no reason. AVOCADEMY WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES. We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.
IDEA AND FEEDBACK SUBMISSIONS
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services and Online Courses (“Feedback”). You acknowledge and agree that any and all Feedback will be the sole and exclusive property of Avocademy, and you hereby irrevocably assign to Avocademy and agree to irrevocably assign to Avocademy all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist Avocademy to acquire, perfect, maintain its intellectual property rights, and other legal protections for the feedback.
PUBLIC REFERENCES BY USERS
Student agrees and acknowledges that we may identify you as a Student of Avocademy’ Online Courses or User of Services on Website(s) and in other marketing materials in the event that you make public reference to Avocademy, such as in a social media post or on a publicly-available blog, article, or other forum. Avocademy may display your public statement in Avocademy marketing materials, presentations, Website(s), or on our Services. The foregoing shall be deemed a worldwide non-exclusive, and irrevocable license to use your public statement for this purpose. You also agree to be referenced in press releases and case studies prepared by Avocademy. In the event you would like Avocademy to stop using your public reference, please send an email to [email protected].
SERVICES AVAILABILITY AND LIMITATIONS
You acknowledge and agree that the Services, Website(s) and Online Courses may not be available at all times, and that certain usage limits may apply. You also understand that Avocademy, at its sole discretion, may limit, suspend, or terminate your use of any of the Services, including, without limitation those related to the Online Courses, such as access to mentors, instructors, career services, records of Online Course completion, or other Avocademy Services. You also understand that Avocademy may modify or discontinue any or all of the Services related to its Online Courses at its sole discretion. For more information about access to Online Courses and any related Services after completion of an Online Course or expiration of your enrollment period, please refer to the Addendum.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, ONLINE COURSES AND ALL CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE SERVICES AND ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES, ONLINE COURSES, AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SERVICES, WEBSITES, CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITES OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES AND ONLINE COURSES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SERVICES, ONLINE COURSES, OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF SERVICES, ONLINE COURSES, OR CONTENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL AVOCADEMY BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS OR USER’S RELIANCE ON OR USE OF ANYTHING LEARNED IN ANY ONLINE COURSE IN ANY MANNER) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA, DOCUMENTS, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. AVOCADEMY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF TWENTY U.S. DOLLARS ($20); THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT AVOCADEMY WOULD NOT ENTER INTO THESE TERMS OR MAKE THE SERVICES, ONLINE COURSES, AND CONTENT AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.
SOME OF THE ABOVE LIMITATIONS MAY NOT TO APPLY TO YOU AS NOT ALL JURISDICTIONS ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
You agree to indemnify, defend and hold harmless Avocademy, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, relating to, in connection to, or arising out of (a) your use or attempted use of the Services in violation of these Terms, (b) your use or attempted use of any code, program, data, information or any other Content provided through the Services and Online Courses in a manner inconsistent with these Terms, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on or through the Services, including without limitation any claim of infringement of intellectual property or other proprietary rights.
TERMINATION OF RIGHTS
COPYRIGHT INFRINGEMENT CLAIMS & DISPUTE PROCEDURE
Avocademy respects the rights and intellectual property of others, and we ask our Users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Avocademy’s Copyright Agent with the following information:
- a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
- a description of where and/or specific link to the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses, Services, or Content;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright, or intellectual property owner or authorized to act on such owner’s behalf; and
- an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest.
Avocademy’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent Avocademy, Inc. 1080 Brickell Avenue Unit 1704, Miami, FL 33131, Email: [email protected]
GOVERNING LAW AND JURISDICTION
These Terms, and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to these Terms, or the negotiation, execution, or performance under these Terms (including any claim or cause of action based upon, arising out of, or related to any representation or warranty made in or in connection with these Terms or as an inducement to agree to these Terms), are governed by and will be construed and enforced in accordance with the laws of the State of Florida, including its statute of limitations, without reference to (i) any conflicts of law principles that would apply the substantive laws of another jurisdiction to the parties’ rights or duties, (ii) the United Nations Convention on Contracts for the International Sale of Goods, or (iii) other international laws. Any action or other judicial proceeding for the enforcement of these Terms or any of its provisions shall be instituted only in the courts of the State of Florida, Miami County.
Without limiting the foregoing, we have the right to fully cooperate with any valid legal process from a law enforcement authority with jurisdiction that requests or directs us to disclose your data or other information on the Services. YOU WAIVE AND HOLD HARMLESS AVOCADEMY, OR ITS AFFILIATES, LICENSEES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY AVOCADEMY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER AVOCADEMY, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
Should any dispute arise with regard to these Terms, the parties agree to first work in good faith to resolve such dispute, and neither party may commence any action with regard to such dispute until thirty (30) days have passed from the time such party has provided written notice to the other party of the nature of such dispute, provided that nothing herein will prevent us from seeking injunctive relief in the event of your actual or threatened breach of any terms of these Terms.
Avocademy may freely transfer or assign any portion of its rights or delegate its obligations under these Terms. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms without the prior written consent of Avocademy. Avocademy makes no representations that the Services and the Online Couses operate (or are legally permitted to operate) in all geographic areas, or that the Services, or information, services or products offered through the Services are appropriate or available for use in other locations. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein and shall not affect the validity and enforceability of any remaining provisions. Avocademy shall have no liability under these Terms to the extent arising from any failure of Avocademy to perform any of its obligations under these Terms due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes, or any other event not within Avocademy’s reasonable control. Avocademy shall not be responsible for damage or other problems caused by any unauthorized change to these Terms made by way of hacking or cracking this page.
Any delay or failure on the part of Avocademy to enforce any rights under these Terms to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. The section titles herein are displayed for convenience only and have no legal effect. These Terms constitute the entire agreement between you and Avocademy relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Services, Website(s), or Online Courses by Avocademy or through a specific writing between you and Avocademy. Any notice which may be required to be given to us under these Terms may be sent to us by writing or emailing to the following addresses: Avocademy, Inc., 1080 Brickell Avenue Unit 1704, Miami, FL 331310, Attn: COO Email: [email protected].
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