TERMS AND CONDITIONS
Effective Date: April 1 2021
Website Covered: www.instanteducationacademy.com
THE AGREEMENT
The use of this website and services on this website provided by Instant Education Academy (hereinafter referred to as "Owner") are subject to the following Terms & Conditions (hereinafter the "Terms of Service") all parts and sub-parts of which are specifically incorporated by reference here together with the Privacy Policy. Following are the Terms of Service governing your use of www.instanteducationacademy.com (the "Website") all pages the Website and any services provided by or on this Website ("Services").
By accessing either directly or through a hyperlink the Website and/or purchasing something from us you engage in our "Service" and agree to be bound by the Terms of Service including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site including without limitation vendors buyers customers merchants browsers and/or contributors of content. You acknowledge and agree that the Website may use your personal information in the manner described in our Privacy Policy which sets forth how information collected about you is collected used and stored.
1) DEFINITIONS
The parties referred to in these Terms of Service shall be defined as follows:
a) Owner Us We: The Owner as the creator operator and publisher of the Website makes the Website and certain Services on it available to users. Instant Education Academy Owner Us We Our Ours and other first-person pronouns will refer to the Owner as well as all employees and affiliates of the Owner.
b) You the User the Client: You as the user of the Website will be referred to throughout these Terms of Service with second-person pronouns such as You Your Yours or as User or Client. For the purpose of these Terms of Service the term "User" or "you" shall mean any natural or legal person who is accessing the Website. The term "Your" shall be construed accordingly.
c) Parties: Collectively the parties to these Terms of Service (the Owner and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website You warrant that You have read and reviewed these Terms of Service and that You agree to be bound by it. If You do not agree to be bound by these Terms of Service please leave the Website immediately. The Owner only agrees to provide use of this Website and Services to You if You assent to these Terms of Service. Further based on the Services obtained by a User additional terms and conditions in respect of the specific Services may apply which shall be deemed an agreement between the Users and the Owner.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website or any Services contained herein. By using this Website You represent and warrant that You are at least 18 years of age and may legally agree to these Terms of Service. The Owner assumes no responsibility or liability for any misrepresentation of Your age.
4) ABOUT THE SITE
The Website is an online store which carries out sales of the following: coaching. We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time. The Website does not screen or censor the users who register on and access the Website. You assume all risks associated with dealing with other users with whom you come in contact through the Website. You agree to use the Website only for lawful purposes without infringing the rights of or restricting the use of this Website by any third party.
5) LICENSE TO USE WEBSITE
The Owner may provide You with certain information as a result of Your use of the Website or Services. Such information may include but is not limited to documentation data or information developed by the Owner and other materials which may assist in Your use of the Website or Services ("Owner Materials"). Subject to these Terms of Service the Owner grants You a non-exclusive limited non-transferable and revocable license to use the Owner advertised as a Materials solely in connection with Your use of the Website and Services. The Owner Materials may not be used for any other purpose and this license terminates upon Your cessation of use of the Website or Services or at the termination of these Terms of Service.
You agree not to collect the contact information of other Users from the Website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever. Any unauthorized use by you shall terminate the permission or license granted to you by the Website and You agree that you shall not bypass any measures used by the Owner to prevent or restrict access to the Website.
6) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Owner are the property of the Owner including all copyrights trademarks trade secrets patents and other intellectual property ("Owner IP"). You agree that the Owner owns all rights title and interest in and to the Owner IP and that You will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Owner IP in any way including electronically or via registration of any new trademarks trade names service marks or Uniform Resource Locators (URLs) without express written permission from the Owner.
a) In order to make the Website and Services available to You You hereby grant the Owner a royalty-free non- exclusive worldwide license to copy display use broadcast transmit and make derivative works of any any content c You publish upload or otherwise make available to the Website (Your Content'). The Owner claims no further proprietary rights in Your Content.
b) If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users please contact Us and let us know.
7) USER OBLIGATIONS
As a user of the Website or Services You may be asked to register with Us. When You do so You will choose a user identifier which may be Your email address or another term as well as a password. You may also provide personal information including but not limited to Your name. You are responsible for ensuring the accuracy of accuracy this information. This identifying information will enable You to use the Website and Services. es. You must not share such identifying information with any third party and if You discover that Your identifying information has been compromised You agree to notify Us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information ation as well as keeping Us apprised of any changes to Your identifying information. The billing information You provide us including credit card billing address and other payment information is subject to the same confidentiality and accuracy requirements as the rest of Your identifying information. Providing false or inaccurate information or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of t these Terms of Progress 100% Service. The Owner reserves the right to refuse service terminate accounts or remove or edit content in its sole discretion.
8) PAYMENT & FEES
Should You register for any of the paid Services on this website or purchase any product or service on this website You agree to pay Us the specific monetary amounts required for that product or those Services. These monetary amounts ("Fees") will be described to You during Your account registration and/or confirmation process. The final amount required for payment will be shown to You immediately prior to purchase. We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.
9) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website Services or general business of the Owner.
a) You further agree not to use the Website or Services:
1) To harass abuse or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Owner or any third party
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling sweepstakes or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence hate or discrimination towards any group;
VIII) To unlawfully gather information about others.
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international federal provincial or state regulations rules laws or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass abuse insult harm defame slander disparage intimidate or discriminate based on gender sexual orientation religion ethnicity race age national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam phish pharm pretext spider crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
10) COMMUNICATION
You understand that each time You use the Website in any manner You agree to these Terms of Service. By agreeing to these Terms of Service You acknowledge that You are interested in availing and purchasing Our products and Services. You agree to receive further communications from Us via email and SMS You agree that any such communication shall not be considered to be unsolicited commercial communication. You agree to only submit accurate information to the Website. You may unsubscribe from Our mailing list at any time through an automated process. We will retain Your information until You unsubscribe.
11) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access circumvention of encryption or other security tools data mining or interference to any host user or network.
12) DATA LOSS
The Owner does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
13) INDEMNIFICATION
You agree to defend and indemnify the Owner and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands including reasonable attorney's fees which may arise from or relate to Your use or misuse of the Website or Services Your breach of these Terms of Service or Your conduct or actions. You agree that the Owner shall be able to select its own legal counsel and may participate in its own defense if the Owner wishes.
14) SPAM POLICY
You are strictly prohibited from using the Website or any of the Owner's Services for illegal spam activities including gathering email addresses and personal information from others or sending any mass commercial emails.
15) THIRD-PARTY LINKS & CONTENT
The Owner may occasionally post links to third party websites or other services. You agree that the Owner is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our Website.
16) MODIFICATION & VARIATION
The Owner may from time to time and at any time without notice to You modify these Terms of Service. You agree that the Owner has the right to modify these Terms of Service or revise anything contained herein. You further agree that all modifications to these Terms of Service are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms of Service unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of Service.
a) To the extent any part or sub-part of these Terms of Service is held ineffective or invalid by any court of law You agree that the prior effective and valid version of these Terms of Service shall be considered enforceable and valid to the fullest extent.
17) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings written or oral regarding the use of this Website.
18) SERVICE INTERRUPTIONS
The Owner may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime for any reason but that the Owner shall have no liability for any damage or loss caused as a result of such downtime.
19) TERM TERMINATION & SUSPENSION
The Owner may terminate these Terms of Service with You at any time for any reason with or without cause. The Owner specifically reserves the right to terminate these Terms of Service if You violate any of the terms outlined herein including but not limited to violating the intellectual property rights of the Owner or a third party failing to comply with applicable laws or other legal obligations and/or publishing or distributing illegal material. If You have registered for an account with Us You may also terminate these Terms of Service at any time by contacting Us and requesting termination. At the termination of these Terms of Service any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
20) NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Owner hereby expressly disclaims any and all express or implied warranties of any kind including but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Owner makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted error-free or secure. The Owner also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You through Your computer system or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Owner is not liable for any such damage or loss.
21) LIMITATION ON LIABILITY
We are not liable for any damages that may occur to You as a result of Your use of the Website or Services to the fullest extent permitted by law. The maximum liability of the Owner arising from or relating to these Terms of Service shall be limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Owner in the last six (6) months. This section applies to any and all claims by You including but not limited to lost profits or revenues consequential or punitive damages negligence strict liability fraud or torts of any kind.
22) GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given pursuant to these Terms of Service shall be in the English language.
b) JURISDICTION VENUE: Through Your use of the Website or Services You agree that the laws of the State of Virginia shall govern any matter or dispute relating to or arising out of these Terms of Service as well as any dispute of any kind that may arise between You and the Owner with the exception of its conflict of law provisions. In case any litigation specifically permitted under these Terms of Service is initiated the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Fairfax County Virginia. The Parties agree that this choice of law venue and jurisdiction provision is not permissive but rather mandatory in nature. You hereby waive the right to any objection of venue including assertion of the doctrine of forum non conveniens or similar doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of these Terms of Service the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Fairfax County. The arbitration shall be conducted by a single arbitrator and such arbitrator shall have no authority to add Parties vary the provisions of these Terms of Service award punitive damages or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Virginia. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include but are not limited to: contract claims tort claims claims based on Federal and state law and claims based on local laws ordinances statutes or regulations. Intellectual property claims by the Owner will not be subject to arbitration and may as an exception to this sub-part be litigated. The Parties in agreement with this sub-part of these Terms of Service waive any rights they may have to a jury trial in regard to arbitral claims.
d) ASSIGNMENT: This Agreement or the rights granted hereunder may not be assigned sold leased or otherwise transferred in whole or part by You. Should these Terms of Service or the rights granted hereunder by assigned sold leased or otherwise transferred by the Owner the rights and liabilities of the Owner will bind and inure to any assignees, administrators, successors and executors.
e) SEVERABILITY: If any part or sub-part of these Terms of Service is held invalid or unenforceable by a court of law or competent arbitrator the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition the remainder of these Terms of Service shall continue in full force.
f) NO WAIVER: In the event that we fail to enforce any provision of these Terms of Service this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms of Service will not constitute a waiver of any other part or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms of Service are for convenience and organization only. Headings shall not affect the meaning of any provisions of these Terms of Service.
h) NO AGENCY RELATIONSHIP: No agency partnership joint venture or employee-employer relationship is created between the Parties as a result of these Terms of Service.
i) FORCE MAJEURE: The Owner is not liable for any failure to perform due to causes beyond its reasonable control including but not limited to acts of God acts of civil authorities acts of military authorities riots embargoes acts of nature and natural disasters and other acts which may be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under these Terms of Service including email or fax. For any questions or concerns please email Us at the following address: info@instanteducationacademy.com.