Learn To Burn and Alicia Tormey Fine Art, Inc.
TERMS & CONDITIONS OF USE AGREEMENT
UPDATED: November 2017
If any User wishes to become a Student Member, and otherwise obtain access to privileged areas of the Website or selected Student Member services, they must read this Agreement and indicate their acceptance of these terms and conditions of use during the registration process.
Alicia Tormey Fine Art, Inc. ("ATFAI" “Alicia Tormey,” “Alicia Tormey Fine Art,””Learn To Burn” “we,” “us,” or “our”) welcomes you. We invite you to access and use our websites, including, without limitation, aliciatormey.com and courses.aliciatormey.com (the “Website(s)”). The aliciatormey.com website (hereinafter referred to as the “Website”) is intended and designed solely to provide the user (“User”) access to Alicia Tormey’s artwork, videos, classes, and general information pertaining to Alicia Tormey Fine Art, Inc. This Website is not provided for any other purposes, intended or otherwise. The Website is owned and maintained by Alicia Tormey Fine Art, Incorporated, a Washington (USA) Corporation (“ATFAI”). These Terms & Conditions of Use apply to all of the intellectual property content including, without limitation, all images, text, video, trademarks, service marks, trade names, logos and copyrighted content, products, services and classes offered by ATFAI.
1. Description and Use of Our Websites:
Any User or Student Member who registers with us (each, a “Registered User”) and wishes to purchase a product or service through one of our Websites, is agreeing to the terms of this Agreement and the accompanying Terms and Conditions of Purchase with respect to such product or service. In the event of any conflict between the terms of this Agreement and the Terms and Conditions of Purchase, the Terms and Conditions of Purchase shall control.
2. Acceptance of Terms:
These Terms and Conditions of Use, constitute an agreement (hereinafter referred to as the “Agreement”) between ATFAI and all users, and sets forth legally binding terms for User’s use of any and all ATFAI Websites. By using the Websites, you agree to be bound by this Agreement, whether you are a “Visitor” (by simply browsing the Website) or as a “Student Member” (which means that a user has registered for classes and/or has otherwise obtained privileged access to copy-write protected content or services provided by ATFAI as a paid user).
If any user does not accept the terms of this Agreement, they should terminate their use of, or access to, the Websites. ATFAI reserves the right to modify the Websites, any or all of the content on the Website, and the terms of this Agreement from time to time, and such modification shall be effective upon its posting and no advance warning shall be provided to users. All users agree to be bound by any modification to this Agreement whenever any such modifications are posted; Users are therefore advised to periodically review this Agreement.
3. Student Member Usage Policy:
A) Student Members of ATFAI may not share, give or sell their Student Member password or username to any other person or entity. Excessive viewings or logins by any Student Member will be construed by ATFAI as fraudulent use of the Website, which may result in the immediate cancellation of Student Membership without refund. When becoming a Student Member, Student Members agree to take all actions possible to protect their username and password from fraudulent use.
b. Fraudulent Use:
ATFAI reserves the right to cancel any Student Membership it believes has been compromised, or is being used fraudulently, at ATFAI’s own discretion.
4. COMMUNITY GUIDELINES
By accessing and/or using the Websites, you agree to comply with these community guidelines ( “Community Guidelines”) and that:
- You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;
- You will not upload, post, email, transmit, or otherwise make available any content that:
infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
•You will not “stalk,” threaten, or otherwise harass another person;
•You will not spam or use the Websites to engage in any commercial activities;
•If you post any Registered User Content, you will stay on topic;
•You will not access or use the Websites to collect any market research for a competing business;
•You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
•You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
•You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
•You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
•You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
•You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Community Guidelines.
5. Intellectual Property
The Websites contain material, such as videos, images, coursework, lesson plans, training modules, photographs, software, text, graphics, sound recordings, and other material provided by or on behalf of Alicia Tormey Fine Art, Inc. (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Visitors may view all publicly-available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Websites), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Alicia Tormey Fine Art, Inc.. Alicia Tormey Fine Art, Inc. retains all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the Content and the Websites automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Alicia Tormey Fine Art, Inc. (the “Alicia Tormey Fine Art, Inc. Trademarks”) used and displayed on the Websites are registered and unregistered trademarks or service marks of Alicia Tormey Fine Art, Inc.. Other company, product, and service names located on the Websites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Alicia Tormey Fine Art, Inc. Trademarks, the “Trademarks”). Nothing on the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Alicia Tormey Fine Art, Inc. Trademarks inures to our benefit.
Elements of the Websites are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means. None of the Content may be retransmitted without our express, written consent for each and every instance.
The Website Content, including without limitation, any and all text, images, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks, trade names and logos contained therein (“Marks”), are owned by or licensed to ATFAI, subject to copyright and other intellectual property rights under the law. “Learn To Burn” is a trademark owned and controlled by ATFAI.
ATFAI has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on our Website. ATFAI reserves the right in its sole discretion to immediately suspend and/or terminate access to the Website by any user who is alleged to have infringed on the intellectual property rights of ATFAI or of a third party, or otherwise violated any intellectual property laws or regulations. ATFAI’s policy is to investigate any allegations of copyright infringement brought to its attention. If any User has evidence, knowledge, or a good faith belief that User’s rights, or the rights of a third party, have been violated, and User wants ATFAI to delete, edit, or disable the material in question, User must provide ATFAI with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a full list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ATFAI to locate the material; (d) information reasonably sufficient to permit ATFAI to contact User, such as an address, telephone number, and if available, an electronic mail address at which User may be contacted; (e) a statement that User 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that User is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to ATFAI by email, to our designated agent for notification of infringement.
Such notices may be sent to ATFAI via e-mail to: email@example.com
7. General Student Member Registration Requirements: In consideration of any use of the Website, Users represent that they are of legal age to form a binding contract and are not a person barred from entering into contractual relations under the laws of the United States or other applicable state or local jurisdiction. Users also agree to: provide true, accurate, current and complete information about themselves as prompted by any registration form available on our Website (the “Registration Data”). If any User provides any information that is untrue, inaccurate, not current or incomplete, or ATFAI has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, ATFAI reserves the right to suspend or terminate any User account and refuse any and all current or future use of any access or services provided to User (or any portion thereof) at any time. Access and use of the Website is void where prohibited.All content on this Website is provided to Users on an “as is” basis for Users’ general information and personal use only, and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of ATFAI. ATFAI exclusively reserves all rights not expressly granted in and to the Website and all Website content of any kind.
Users may access the Website and Content, as available:
• for general information and personal use; and
• for streaming (“Streaming” or “Stream”) meaning, a contemporaneous digital transmission of an audiovisual work via the Internet from ATFAI Service to a User’s computer or similar device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing Website videos for any purpose or in any manner other than Streaming is expressly prohibited.
8. FEES AND PAYMENT
As consideration for any purchase you make on the Websites, you shall pay Alicia Tormey Fine Art, Inc. all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Alicia Tormey Fine Art, Inc. to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
9. Materials Disclaimer:
Painting, in all of its forms, with or without the use of materials such as encaustic, oil paint, torches, brushes, or any other equipment that may be suggested by ATFAI, is at the risk of the User. Accordingly, all Users are urged and advised to seek the advice of a physician before beginning any use of painting materials, and/or program and use any suggested equipment, shown in any of the video segments, or in other media on the Website. All activities portrayed on the Website, relating to the use of certain media, equipment, and instruction should be undertaken only by users over the age of 18.
The Website, including its content, is not directed to persons under eighteen (18) years of age. All Users agree that they are eighteen (18) years of age or older, or that their use is under the supervision and direction of a parent or legal guardian.
11. Member Accounts, Passwords and Security
During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Alicia Tormey Fine Art, Inc. will not be liable for any loss or damage caused by any unauthorized use of your account.
12. Communications With Us
You should not email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
Student Members acknowledge, consent and agree that ATFAI may access, preserve and disclose User’s account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content
14. Security Components:
User understands that the Website, and software embodied within our Website, may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ATFAI and/or content providers who provide content to ATFAI. Users may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into our Website.
15. Non-commercial Use:
The Website may not be used in connection with any commercial purposes, except as specifically approved by ATFAI. Unauthorized framing of or linking to any of our Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Student Member profiles and Website Content without notice and may result in termination of Student Membership privileges.
16. REGISTERED USER CONTENT; LICENSES
As noted above, the Websites provide Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT Alicia Tormey Fine Art, Inc., ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES, AND YOU WILL INDEMNIFY US IN RESPECT OF ANY LOSS, LIABILITY, CLAIM, OR DAMAGE SUFFERED OR INCURRED BY US IN CONNECTION WITH YOUR REGISTERED USER CONTENT.
You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the world, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Websites, Alicia Tormey Fine Art, Inc., and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.
If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Alicia Tormey Fine Art, Inc. that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it and its use by Alicia Tormey Fine Art, Inc. and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
17. ATFAI and Third Party content:
The Website contains Website Content owned by ATFAI, and content of third party licensors to ATFAI (including content provided by users of our Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. ATFAI owns and retains all rights, title and interest in the ATFAI Content. ATFAI hereby grants to User a limited, revocable, non-sublicensable license to Stream and/or view the ATFAI Website Content, and any third party Content, located on or available through the Website (excluding any software code therein as set forth above) solely for User’s personal, non-commercial use in connection with viewing our Website and/or utilizing any services provide by ATFAI. Except for User Content posted by User, User may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Website Content appearing on or through our Website.
18. External Sites:
19. NO WARRANTIES; LIMITATION OF LIABILITY
USERS AGREE AND ACCEPT THAT THEIR USE OF THE WEBSITE SHALL BE AT THEIR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ATFAI, AND WITHOUT LIMITATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND ANY USE THEREOF. THE WEBSITES AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITES WILL OPERATE ERROR-FREE OR THAT THE WEBSITES, THEIR SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: (I) WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE WEBSITE FROM WHATEVER CAUSE, AND YOU AGREE THAT YOU USE THE CONTENT AND THE WEBSITES AT YOUR OWN RISK; (II) WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (III) WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITES OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF THE WEBSITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS UNLESS REQUIRED BY APPLICABLE LAWS.THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITES. THE WEBSITES MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITES AT ANY TIME WITHOUT NOTICE. ATFAI MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, OR USE OF, OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
ATFAI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ATFAI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USERS SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20. International Use:
Due to the global nature of the Internet, Users agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, User agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which User resides.
ATFAI respects User’s and Student Member’s privacy rights and permits Users to control certain aspects of the treatment of User’s or Student Member’s personal information. ATFAI does not retain User information, nor does it sell or license access to any User or Student Member information for any purpose.
22. Student Member Disputes:
Users are solely responsible for User interactions with other Student Members. ATFAI reserves the right, but has no obligation, to monitor or litigate disputes between Users and other Student Members.
23. Term and Termination:
This Agreement shall remain in full force and effect for so long as ATFAI or its parent companies are in operation. Student Members may terminate their Student Membership at any time, for any reason, by following the instructions on the Website. ATFAI reserves the right to terminate Student Member accounts or access to the Website immediately, with or without notice to you, and without liability to you, if ATFAI believes that any Student Member has breached any of the terms of this Agreement, furnished ATFAI with false or misleading information, or otherwise interfered with use of the Website.
24. Exclusions and Limitations:
Any Users who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local or national laws. Certain jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to all Users, however, all other provisions of this Agreement remain in full force and effect.
Users agree to defend, indemnify and hold harmless ATFAI, and without exception or limitation, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i), any use of and access to the Website; (ii), any violation of any term of this Agreement; or, (iii), any violation of any third party right, including, without limitation, any copyright, property, or privacy right. This defense and indemnification obligation will survive this Agreement and any use of the Website.
26. Additional Terms:
ATFAI may also require Users to follow additional rules, guidelines or other conditions in order to participate in certain promotions, classes or activities available through the Website, or to obtain certain premium or privileged content through the Website, or for other reasons. In addition, certain additional terms will govern any purchases you make through the online store located on the Website. These additional terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific products, services, content, or activities. These additional terms are part of this Agreement, and all Users agree to comply with them when they participate in those programs or classes, purchase items from the online store, or otherwise engage in activities governed by such additional terms.
27. Modification and Discontinuation:
ATFAI reserves the right at any time to modify, remove, alter, edit, delete, suspend or discontinue, temporarily or permanently any Website content, programs, classes or any other aspects of the Website (or any portion thereof) with, or without, notice. Users agree that ATFAI will not be liable to any User for any such modifications, editing, deletions, suspensions or discontinuances of any content or services provided on or through the Website.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by ATFAI, without restriction.
29. Integration Clause:
This Agreement, together with any related Website policies, and any other legal notices published by ATFAI on the Website, shall constitute the entire agreement between Users and ATFAI concerning the Website and governs each User’s use of the Website, superseding any prior agreements between any User and ATFAI with respect to the Website.
30. Waiver and Severability of Terms:
The failure of ATFAI to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction, or arbitrator, to be invalid, the parties to this Agreement nevertheless agree that the court or arbitrator should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
31. Statute of Limitations:
Users agree that, regardless of any state or federal statute, or law, to the contrary, any claims or causes of action arising out of or related to use of the Website, or this Agreement must be filed within one (1) year after such claim or cause of action arose or it shall be forever barred.
32. Governing Law and Venue:
This Agreement shall be governed by the laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between a User and ATFAI that arises in whole or in part from the Website shall be decided exclusively by an arbitrator or court of competent jurisdiction located in King County, Washington.
Users agree that: (i) the Website shall be deemed solely based in Washington; and (ii) the ATFAI Website shall be deemed a passive website that does not give rise to personal jurisdiction over ATFAI, either specific or general, in jurisdictions other than Washington.
33. Ability to Accept Terms of Service:
User affirms that they are at least eighteen (18) years of age, and are fully able and competent to read, understand and enter into this Agreement, including all conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by, and comply with, all terms of this Agreement.
ATFAI reserves the right to amend this Agreement at any time and without notice, and it is all User’s responsibility to review this Agreement for any periodic changes. Use of the Website following any amendment of this Agreement will signify each User’s assent to and acceptance of its revised terms.