TERMS AND CONDITIONS – DISCLAIMER
1. Assumption of Risk with Use of the Website and Social Sites. The use (defined above) of the Website and Social Sites (collectively the “Sites”) and all purchases of Products (defined below) are at your own risk. The Sites and any information or Products purchased through the Sites is provided on an “as is” and “as available” basis. You assume all risks, known and unknown, in any way connected to use of the Sites, Products and participation with any Services.
a. No Warranty. Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement as applicable to information located on the Sites. We make no warranty that (1) the Sites will meet your requirements, (2) the Sites, and any information or service provided by the Sites, will be uninterrupted, timely, secure, or error-free, (3) the results of using the Sites, and any information or service provided by the Sites, will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained through your use of the Sites will meet your expectations, or (5) that any errors in any software utilized by the Sites will be corrected. No advice or information, whether oral or written, obtained by you from or through the Company will create a warranty not expressly stated in these Website Terms.
b. Your Responsibility. Company will not be responsible for injury to any person who sustains an injury because of your participation. You knowingly and voluntarily assume all risks of injury, harm, liability, loss, damage, or death in any way connected with participation with the Sites, Products, and Tutoring Services. You assume full responsibility for your actions that may cause harm to the you, the Tutor or other third parties. In addition, if at any time, you believe that present conditions are unsafe or that you are unable to participate due to physical or medical conditions, then you will immediately discontinue your participation.
2. Changes to Website Terms. The Website Terms may be modified at any time by us upon posting of the modified Website Terms. Any such modifications will be effective immediately. You can view the most recent version of the Website Terms at any time located here: jackiesclassroom.com/terms-and-conditions. Each use by you will constitute and be deemed your unconditional acceptance of the Website Terms.
3. Accessing the Sites and Account Security. We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, to users. You are responsible for:
a. Making all arrangements necessary for you to have access to the Sites.
b. Ensuring that all persons who access the Sites through your internet connection are aware of these Website Terms and comply with them.
4. Registration Information. To access the Sites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current, and complete. You agree that all information you provide to register with any of the Sites or otherwise, including but not limited to using any interactive features on the Sites, is governed by our Privacy Policy (see below), and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We have the right to disable any user at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Website Terms.
a. Unauthorized Access. If you choose, or if you are provided with any piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your personal information.
5. Electronic Communications. When you use the Sites, submit payment electronically, send e-mails and electronic messages to us, or use a mobile phone to call the Company, and participate on video calls, you are communicating with us electronically. To provide you with the best service possible, we record our video calls (“Recordings”). These Recordings help us track the tutoring sessions and needs from the participants. All such communication data will be kept confidential. You consent to receive communications from us electronically. You acknowledge, authorize and consent to such Recordings. You agree that all agreements, notices, disclosures, and other communications that we provide you electronically satisfy any legal requirements that such communications be in writing.
6. Goods and Services. Goods and Services (collectively “Products”) offered on the Sites may include access to the library of online video courses, Q & A calls, or other tangible goods, services, or experiences. The Company has full discretion over which Products are offered on the Sites. Additionally, we can, in our full discretion, determine whether you are eligible to purchase any Products.
7. Delivery of Goods or Services. Company will facilitate the delivery of any Products that are to be delivered by electronic means. Company will utilize your provided email addresses to provide Products through electronic mail. Products that require physical shipping will be shipped by a third-party company. We have no ability to control when Products are shipped or in what state Products will be received.
8. Fees. If you purchase any items from the Sites, then you will be charged according to the items purchased, in addition to applicable sales tax and shipping costs.
9. Payment of Fees. The Fees charged are fully earned by the Company and the funds that you the pay belong to the Company. To submit payment, you are required to provide “Payment Information” such as your credit card and bank account information and additional information may be required, such an email address, name, and mailing address. If you order certain Services that are set up as a recurring renewal such as monthly for Tutoring Services (“Renewals”) then you agree to pay for the Renewals through automatic withdrawal of payment (“Autopay”). You agree to pay the Fees as requested by the Company and you agree to the following for such payments of Fees:
a. Autopay Authorization. For Renewals, you authorize the “Autopay” of Fees to the Payment Information on file and agrees that no “prior notification” for the charges is required. You understand that this authorization to charge the Payment Information on file for such Fees will remain in effect until the Services Terms are terminated or until you terminate this authorization for Autopay by notifying Company in writing.
b. Authorized User. You acknowledge that the origination of payment transactions to the Payment Information on file must comply with the provisions of U.S. law. You certify that you are an authorized user of the credit card or bank account used to pay the Fees and will not dispute these payment transactions with the bank or credit card Company, so long as the transactions correspond to the Fees for the Products you order.
c. Third-Party Payment Vendor. You understand and agree that the Payment Information is collected and processed by a “Third-party Payment Vendor” pursuant to the terms and conditions of the Third-party Payment Vendor’s privacy policies and terms of use. You agree that the Third-party Payment Vendor, and not the Company, is solely responsible for your Payment Information, and the Company will not be liable for any damages, claims or liabilities arising from the Payment Information.
d. If Payment Fails. In the case of a charge or ach being declined or returned for insufficient funds (“Failed Payment”), you understand that the Company will notify you of the Failed Payment. You acknowledge that additional attempts will be made to process the payment. However, if the additional attempts continue to result in a Failed Payment, then you will have five (5) days from the Company’s notice of the Failed Payment to pay the amount due or the Company may refuse to provide the Products ordered at its discretion. For each Failed Payment, an additional twenty-dollar ($20) charge will be initiated as a separate transaction from the authorized payment.
10. Refund Policy. For Tutoring Services, the Company has a “No Refund Policy.” A full refund for other Products purchased will be allowed if the Company approves a refund request within 30 days of purchase. A refund request must be received by emailing: talktojackie@jackiesclassroom.com. No refund request will be granted if the request is more than 30 days after the purchase date. If you have any questions, please contact us before making a purchase.
11. No Guarantees. You acknowledge that the Company has made no promises or representations to you, nor has it given you any assurances as to the favorable or successful outcome of your participation with the Sites, Products such as Tutoring Services. Our opinions related to the Services are limited only to opinions based upon our experience and judgment. You acknowledge that such expressions should not be considered as representations, promises, or any guarantee of results. You understand that your success is further dependent on the amount of time and consistency you are willing and able to do.
12. Intellectual Property Ownership. You acknowledge and agree that the Products provided by the Sites and any necessary software used in connection with any Products (“Software“) contain proprietary and confidential information that is the property of the Company and its licensors and is protected by applicable intellectual property and other laws. No rights or title of, to any of the Software used in connection with any Product is provided, transferred, or assigned to you.
a. Company Material. The following, but not limited to, all lessons, homework packets, and art (“Material”) provided by the Company is copyrighted Material owned by the Company and is protected by United States copyright law, trade secret, other intellectual property laws and by international treaties. You agree that the Company owns and holds title to the Material and all subsequent copies regardless of the form or media, and that all title, ownership rights, and intellectual property rights with the Material remains with the Company. You may not copy or otherwise reproduce any part of the Material without permission in writing from the Company.
b. Trademarks. You acknowledge the Company’s exclusive rights in the Company’s trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on the Sites are the property of the Company. We retain all rights with respect to any of their respective intellectual property appearing on the Sites, and no rights in such materials are transferred or assigned to you.
c. Permission. Except as expressly authorized by us or advertisers, which authorization will not be unreasonably withheld, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Products or Software, in whole or in part.
13. Intended Audience. The Sites are intended for adults only and not intended for any children under the age of 13.
14. Third Party Content. The Sites may include content provided by third parties. All statements and/or opinions expressed in content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing such content. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.
15. Prohibited Uses. You may use the Sites only for lawful purposes and in accordance with these Website Terms. You agree not to use the Sites:
• In any way that violates any applicable federal, state, local or international law or regulation;
• For exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Website Terms;
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
• To impersonate or attempt to impersonate the Company, including our employees or representatives, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing; or
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm us or users of the Sites or expose them to liability.
16. Restricted Use of the Sites. Additionally, you agree not to:
• Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites;
• Use any data-mining, scraping, crawling, using any robot, other automatic device, script, technology or processes that send automated queries to the Sites or using other similar methods and tools to gather or extract data, material or other information from the Sites, without our prior written consent, which consent may be withheld and withdrawn by us at any time, with or without notice, in our sole discretion (unless you create a script to download your personal transactions), process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites;
• Use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent;
• Use any device, software or routine that interferes with the proper working of the Sites;
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites;
• Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack; or
• Otherwise attempt to interfere with the proper working of the Sites.
17. Compliance with Laws. You must abide by all Federal, State, and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.
18. International Use. Although the Sites may be accessible worldwide, the Company makes no representation that materials and/or Software on the Sites are appropriate or available for use in locations outside of the United States. Accessing the Sites and/or Software from territories where such content is illegal is prohibited. Users who choose to access the Sites and/or Software from other locations do so on their own initiative and are responsible for compliance with local laws.
19. Non-Disparagement. We (you and the Company) will treat each other respectfully and professionally and not disparage each other. We will refrain from making any false, negative, critical, or disparaging statements, implied or expressed, concerning the other in any manner likely to be harmful to them or their business, business reputation or personal reputation including, but not limited to, on social media platforms, verbal communications, and print media.
20. Indemnification. You agree to indemnify, defend, protect and hold the Company, its owners, officers, its subsidiaries, affiliates, licensors, content providers, service providers, Tutors, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) free and harmless from and against all resulting loss, liabilities (including, but not limited to, negligence, tort, breaches of statutory duties, and strict liability), damages, judgments, suits, and all legal proceedings, and any and all costs and expenses (including attorneys’ fees) arising out of or in any manner related to the Services provided by Company, Products, use of the Company’s Sites, any breach or unauthorized use of the Website Terms by you, any electronic devices used to contact the Company and other incorporated documents, including, without limitation,(a) claims for injury to or death of persons and for damage to property. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from the Sites. You agree to give Company prompt notice of any such claim or liability.
21. Release of Liability. Your use of the Sites, purchase of Products and any other participation with Tutoring Services (collectively your “participation”) constitutes acceptance of this release of liability. You agree to release and hold harmless the Company, its owners, officers, its subsidiaries, affiliates, licensors, content providers, service providers, Tutors, employees, agents, officers, directors, and contractors from any and all liability, present and future, known or unknown that is associated with your participation (“Release of Liability”) from any and all claims, demands, losses, expenses, damages, liabilities, actions, causes of action of any nature, including but not limited to personal injury, wrongful death and property damage, that in any manner arise from or relate to your participation. This extends to and includes all claims, liabilities, injuries, damages, and causes of action that you or the Company do not presently anticipate, know, or suspect to exist, but that may develop, accrue, or be discovered in the future. You represent and warrant that you have considered the possibility that claims, liabilities, injuries, damages and causes of action may develop, accrue, or be discovered in the future, and you voluntarily assume that risk as part of your participation. You agree that this Release of Liability will bind the members of your family and spouse, if you are alive, and your heirs, assigns, and personal representatives if you are deceased.
a. Limitation of Liability. Company’s aggregate liability for claims will be limited to an amount equal to three (3) times the sum of Fees paid to the Company over the prior year. Any claim must be made within one (1) year of the incident to which it relates or forever be barred. You execute this Release of Liability voluntarily and with full knowledge of its significance, and with the intent of binding yourself, your spouses, and children, if any, and their heirs, legal representatives, and assigns. You expressly agree that this Release of Liability is intended to be as broad and inclusive as permitted by law. You have carefully read this Release of Liability section and fully understand its contents.
22. Relationship of the Parties. Nothing contained in these Website Terms, or your use of the Sites will be construed to constitute you and the Company as a partner, joint venturer, employee, or agent of each other, nor will either hold itself out as such. Neither you or the Company has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of each other, it being intended that each will be responsible for its own actions.
23. Waiver of Jury Trial. You irrevocably, knowingly voluntarily and intentionally waive, to the fullest extent permitted by law, any right to a trial by jury in any action or proceeding arising out of your participation This provision is a material inducement for you to agree to the Website Terms. You agree that any such action or proceeding will be tried before a court and not a jury. If this waiver of a trial by jury is deemed invalid, you agree that any action or claim arising out of any dispute in connection with your participation, any rights, remedies, obligations, or duties, or the performance or enforcement will be determined by judicial references.
24. Equitable Remedies. You agree that it would be impossible or inadequate to measure and calculate the Company’s damages from any breach of the covenants set forth in the Website Terms. Accordingly, you agree that if you breach any covenants, Company will have available, in addition to any other right or remedy available, the right to obtain an injunction from a court of competent jurisdiction restraining such breach or threatened breach and to specific performance of any such provision of the Website Terms including the Services Terms. You further agree that no bond or other security will be required in obtaining such equitable relief and consent to the issuance of such injunction and to the ordering of specific performance.
25. Attorney’s Fees. In the event of litigation to enforce any of the Website Terms, the prevailing party in such litigation is entitled to recover reasonable attorneys’ fees and expenses incurred in such litigation, including on appeal, in addition to any other recovery to which such party may be legally entitled.
26. Uncontrollable Events. Non-performance by either you or the Company, other than an obligation to pay money, will be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts, orders, or restrictions, acts of God, extreme weather, illness, car accident or any other reason to the extent that the failure to perform is beyond the reasonable control of the non-performing party. The non-performing party will give prompt notice to the other party of such delay and will use its best efforts to complete the performance, within a reasonable time frame of such act which has been delayed.
27. Amendment. No modification of or amendment to the Website Terms nor any waiver of any rights, will be effective unless in writing signed by the party to be charged. No oral statement to either party may alter the Website Terms.
28. Severability. If any provision(s) of the Website Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of the Website Terms is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
29. Cumulative Remedies. All rights and remedies provided in the Website Terms are cumulative and not exclusive, and the exercise by either you or the Company of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement, or otherwise.
30. No Third-party Beneficiaries. The Website Terms benefit solely you and the Company and their respective permitted successors and assigns and nothing in the Website Terms, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of the Website Terms.
31. No Waiver of Contractual Right. The failure of the Company to enforce any provision of the Website Terms will not be construed as a waiver or limitation of the Company’s right subsequently to enforce and compel strict compliance with every provision of the Website Terms.
32. Governing Law. You agree that the Website Terms are governed by, and construed in accordance with, the laws of the state of Utah.
33. Consent to Personal Jurisdiction. You expressly consent to the personal jurisdiction of the state and federal courts located in Utah for any lawsuit filed arising from or relating to the Website Terms.
34. Notices. Any notice or other communication provided for or given to you or the Company will be in writing and given in person, by email, or by mail (registered or certified mail, postage prepaid, return receipt requested). Notices sent in accordance with this Section are deemed effective on the date of dispatch. You agree to keep the Company informed as to your current mailing address, telephone numbers and email address.
35. Surviving Terms. The covenants, agreements, indemnification obligations, representations, and warranties of you and the Company will survive until the expiration of the applicable statute of limitations.
36. Headings. Headings in the Website Terms are for convenience of reference only and are not to be used in any interpretation of the Website Terms.
37. Interpretation. The Website Terms are construed without regard to any presumption or rule requiring construction or interpretation. Whenever the singular is used in the Website Terms, the same includes the plural, and whenever the plural is used, the same includes the singular, where appropriate. The captions used in the Website Terms are inserted for reference purposes only and not deemed to define, limit, extend, describe, or affect in any way the meaning, scope, or interpretation of any of the Website Terms or its intent.
38. Copyrights Policy. We respect others’ intellectual property rights, and we ask that users do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable content alleged to be infringing and to terminate the accounts of Users who infringe the intellectual property of others. To protect the intellectual property rights of others, we have adopted the following policy in accordance with Section 512 of the Digital Millennium Copyright Act (“DMCA”) with respect to alleged copyright infringement by users of the Sites:
a. Procedure for Reporting Copyright Infringements. If you believe that material residing on or accessible through the Sites infringes your copyright, you may provide us with a written notice of the alleged infringement to the Designated Agent listed below. The notice must include the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Removal of Allegedly Infringing Material. Once a proper infringement notice is received by the Designated Agent, we may remove or disable access to the allegedly infringing material. We will make reasonable attempts to notify the User that we have removed or disabled access to the material. We may terminate access to the Sites to Users who are repeat offenders.
c. Counter-Notice Procedure. If a User believes that their material that was removed or to which access was disabled is not infringing upon a copyright, that User must send a counter-notice to the Designated Agent, pursuant to 512(g)(2) and (3) of the Digital Millennium Copyright Act. The counter-notice must contain the following information:
• A physical or electronic signature of the User;
• The location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled because of mistake or misidentification of the material to be removed or disabled; and
• The User’s name, address, and telephone number, and a statement that the User consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the User’s address is outside of the United States, for any judicial district in which RMA may be found, and that the User will accept service of process from the person who provided notification or an agent of such person.
• If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days.
• Unless the copyright owner files an action seeking a court order against the User, the removed material may be replaced or access to it restored after receipt of the counter-notice in accordance with the DMCA.
Designated Agent and Contact for any questions:
Name: Jackie Goodsell
Email: talktojackie@jackiesclassroom.com.
39. Entire Agreement. These Website Terms constitute the entire agreement between you and the Company and governs the terms and conditions of your use of the Sites (including your participation as defined above), and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Sites or regarding your participation. You should visit the Sites and review the Website Terms periodically to determine if any changes have been made. Your continued use of the Sites after any changes have been made to the Website Terms signifies and confirms your acceptance of any such changes or amendments to the Website Terms.
