2. Scope of Services
The School is a proprietary course that provides users with online training, tutorials, support groups, strategies in relation to starting their own tiktok advertising business. We are not a business consultant, advisor, or other professional service, and we offer the School as an informational course to assist you in your tiktok advertising business. You agree that you are solely responsible for the performance of your tiktok advertising business and your income.
3. Use License
Permission is granted to temporarily download one copy of any downloadable material available through the School (“Materials”) for personal, non-commercial use.
This is the grant of a license, not a transfer of title, and under this license you may not:
(a) modify or copy the Materials;
(b) use the Materials for any commercial purpose, or for any public display (commercial or non-commercial);
(c) remove any copyright or other proprietary notations from the Materials; or
(d) transfer the Materials to another person, 'mirror' the Materials on any other server, or reproduce the Materials in any form.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon termination of this license, you agree to destroy any downloaded Materials in your possession, whether in electronic or printed format. You agree that you shall not use the School, the Website, or any of the Materials:
(b) to submit any information that amounts to a breach of any third party’s privacy or intellectual property rights;
(c) to upload, transmit, or distribute to or through the Website any computer viruses, worms, or any software intended to damage or alter a computer system or data;
(d) to send through the Website unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(e) to use the Website to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
(f) to interfere with, disrupt, or create an undue burden on servers or networks connected to the Website, or violate the regulations, policies or procedures of such networks;
(g) to attempt to gain unauthorized access to the Website, the School, or any Materials whether through password mining or any other means; or
(h) to use software or automated agents or scripts to produce multiple accounts, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website.
In no event shall we be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of your use of the School, the Materials, or the Website, or the use or inability to access, the School, use the Materials, even if we or an have been notified orally or in writing of the possibility of such damage. You further agree that we are not involved in any way in your business operations and provide no representation, guarantee, or warranty in relation to your business’ performance.
6. Revisions and Errata
The Materials may include technical, typographical, or photographic errors. We do not warrant that any of the Materials are accurate, complete, or current. We may make changes to the Materials at any time without notice. The Materials are provided on an “as is” basis, accordingly, we do not make any commitment to update the Materials.
We may provide links, through the Website or the School, to the websites of third parties. We have not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of such site. Any such links are provided for your interest and convenience only, and you agree that use of any such linked website will be at your own sole risk.
You are responsible for maintaining the security of your account, and you agree to provide us with complete and accurate information when you register for an account. You are fully responsible for keeping your password secure, and all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify us of any unauthorized uses of your account, or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
11. Intellectual Property
We own and retain all proprietary rights in the School, Website, and the Materials, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The School contains the copyrighted material, trademarks, and other proprietary information. You agree not to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Website or the School. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
12. Term and Termination
We will use reasonable efforts to process any payment made by you in accordance with the terms agreed upon. Any refund will be made in accordance with our returns policy.
Certain courses provided by the School are available for a deferred payment plan on the following terms:
(a) you shall have the option to make three (3) monthly payments, each comprising $797;
(b) such payments shall be due on the date which you sign up for the applicable course, and on the day that is one month from such date, until completion thereof;
(c) in the event that any subsequent payment fails to complete, you authorize us to continue to attempt to charge your applicable credit card information via the Stripe application;
(d) we reserve the right to modify, alter, cancel, or discontinue the availability of certain courses on a deferred payment plan from time to time, at our sole discretion.
Our billing system, and any system used by parties that facilitate such billing system, is not fault-free or flexible, as such you agree to release us from any liability resulting from any problems, miscalculations or malfunctions in processing the payments made by you.
If you believe that a mistake with regard to any payment has occurred you may send your complaint to firstname.lastname@example.org, and we will make reasonable efforts to resolve such complaint.
All disputes between you and us will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of us or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:
(a) Unless you elect to conduct the arbitration by telephone or written submission, unless prohibited by the applicable JAMS Rules, an arbitration hearing will conducted either remotely on a video-conference basis or on an in-person basis a JAMS facility;
(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein;
(c) The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures;
(d) Claims for $5,000.00 or less shall be conducted under JAMS’ Streamlined Arbitration Rules & Procedures. Subject to the applicable JAMS procedure, the arbitrator in his or her discretion shall allow reasonable and proportional discovery, to the extent consistent with the claims at issue and the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
(e) The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
(f) You will be subject to a filing fee to initiate an arbitration as determined by JAMS in the applicable rules. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, with us remaining responsible for our share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.
Class-Action Waiver: all claims to be heard on an individual basis only
You further expressly waive any ability to maintain any class action in any forum, including in arbitration. Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
If you provide us with any feedback or suggestions regarding the School (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we may deem appropriate. We will treat any Feedback as non-confidential and non-proprietary, and you agree not to submit as Feedback any information or ideas that you consider to be confidential or proprietary.