Terms & Conditions
LAST UPDATED: January 1, 2023
This Terms and Conditions of Use Agreement (“Agreement” or “Terms”) is by and between LawTank Legal Consulting, LLC dba Trademarkabilities and you and governs your use of our Services and the Site, as those terms are defined below.
The terms “we,” “us,” “our,” and “Company” refer to LawTank Legal Consulting LLC dba Trademarkabilities. The term the “Site” refers to www.trademarkabilities.com; any affiliate site, platform, or subdomain to which you are redirected from www.trademarkabilities.com related to the Services; or any social media or community membership account owned or operated by us. The terms “user,” “you,” and “your” refer to Site visitors, customers, any other users of the Site, and anyone who attempts to interact with the Site.
The Site contents and services, including but not limited to information, blog, digital products, digital products provided for free or for sale, seminars, classes, forum, membership site, and social media groups comprise, and are collectively defined herein as, the “Service” or “Services”.
Use of the Site, including all materials presented herein and all Services provided by the Company, is subject to the following Terms and Conditions (“Terms”) which may be updated from time to time. These Terms apply to all Site visitors, customers, users, and individuals who attempt to interact with the Site. By using the Site or Services, you agree that you have read, understood, and agree to comply with and be bound by this Agreement.
The most current posted version of these Terms supersedes all previous versions. Please review these Terms carefully and frequently. We reserve the right to change these Terms at any time and without notice to you. Any updates to this Agreement shall be effective as of the “Last Updated” date shown above. Accordingly, you should check these Terms from time to time to ascertain if any changes have been made. You can review the most recent version of this Agreement at any time at https://trademarkabilities.com/terms-conditions/. Each use by you of the Site or any Service constitutes your unconditional acceptance of such changes to this Agreement. If you do not agree to these Terms you may not use the Site or Services. If any new products, services, or content become available through the Site, they will be considered part of the Services and your use of them will be governed by this Agreement, as updated, unless we notify you otherwise.
USE OF THE SITE AND SERVICE
To access, use, or interact with the Site, you must be a U.S.-licensed attorney, law student, or para-professional, 18 years of age or older, and have the requisite power and authority to enter into these Terms. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and information related to the Services and other information are subject to change. While we make every effort to ensure the information we are providing is accurate, your use of the Services is for educational purposes only and are not intended to provide legal advice or substitute for legal advice. The Company is not a law firm and does not provide legal advice. Any mention of a strategy or methodology does not indicate a guarantee of success. We cannot guarantee the information is error-free and/or up to date, and users of the Site should ensure the information we share is applicable to their situation before acting upon it as we cannot be held liable for any inaccuracy, error, or incompleteness in the Site’s content.
The law and applicable rules change constantly, and our course materials and Service offerings may not always reflect the current state of the law or rules, despite our best efforts to keep our materials current and Services and up to date. While our information on the Site is maintained and periodically updated for accuracy, our materials and Services may contain omissions or errors for which we disclaim any liability. Nothing on this Site or through our Services predicts or guarantees future results. The Company is not liable for the use or interpretation of information contained on this Site or through your use of our Services, and we expressly disclaim all liability for any actions you take, or do not take, based on the Site’s content or your use of our Services. Further, we are not making any claims as to any guaranteed results or income that may result from utilizing the techniques that we teach.
Any statements related to income or earnings potential are examples of what may be possible in the future. We make no guarantees regarding results, present or future. We are not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided.
From time to time, the Site may feature testimonials from past clients for marketing purposes. These are examples of the experiences of these clients and have been posted with permission. The content of these testimonials does not contain explicit or implied claims regarding the results to be achieved by using the information provided on the Site or Services. Company cannot and does not guarantee that you will have a similar experience.
UNITED STATES USERS
In order to use the Services, you may be required to provide information about yourself including your name, email address, username, and password, and other relevant personal information. You agree that any registration information you give to the Company will always be accurate, correct, valid, and up to date. You must not impersonate someone else or provide account information or an email address other than your own valid email address. You are not permitted to create an account on behalf of a third party. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction. Your account is for your personal use only. Sharing login credentials with someone else, even if they work at your same firm or company, who did not pay to partake in our Services is a violation of these Terms, is considered a material breach of these Terms, and may result in immediate termination of your account. No notice or refund will be provided to you for such termination.
Additionally, in order to log in to certain areas of the Site that may not be accessible by the general public, we may require you to enter an email and password (collectively “IDs”). Your IDs are personal to you, and you agree that you will not allow any other person to use your IDs to access and use the Site or Services under any circumstances.
You hereby agree that you are solely responsible for maintaining the strict confidentiality of your IDs and that we are not liable for any harm caused by or related to the compromise or theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to use the Site or Services using your IDs. You agree to notify us immediately if you learn of any unauthorized use of your IDs or otherwise need to deactivate your IDs due to security concerns. We reserve the right to disable any IDs, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, whether you have or have not violated these Terms. If your IDs have been breached, You agree to immediately notify us of any unauthorized use or any other breach.
Neither the Site nor the Services provide legal advice, and creation of an account does not create an attorney-client relationship with LawTank Legal Consulting LLC dba Trademarkabilities or any individual members who may provide content for the Site.
You may use the Site and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase Services through the Site for legitimate, non-commercial purposes only.
You may not use nor allow others to use your IDs or the Services to upload, distribute, transmit, communicate, link to, publish, or access anything that 1) is libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically, or otherwise objectionable or offensive, discriminatory or abusive, or unprofessional; 2) is violative of any law or regulation of the rights of others; 3) causes duress, distress, or discomfort to anyone else; 4) is likely to deter or discourage anyone else from using the Site or Services; 5) contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation, or our stated rules of use; or 6) infringes on any intellectual property, privacy, or proprietary rights, or confidentiality obligations of others.
You may not use nor allow others to use your IDs or the Site or Services to try to or actually disrupt, impair, or interfere with, alter, or modify the Services or Site; act in any way that negatively affects or reflects us, the Services, the Site, or any third parties; or try to or actually collect information from others without their prior consent.
You are prohibited from violating or attempting to violate the security of the Services or the Site in any way. Such violation(s) or attempted violation(s) may subject you to civil or criminal penalties. We reserve the right to investigate such violations or attempted violations and involve and cooperate with law enforcement at the state and federal level to prosecute you for such actions.
You understand and agree that sending unsolicited email advertisements to email addresses obtained through the Site or Services or through our computer systems is expressly prohibited, and that such sending is violative of federal laws.
You hereby agree to comply with all local, state, and federal laws, statutes, regulations, and rules applicable to your use of the Services and the Site.
Nothing in this Agreement shall create any right of action against us for failing to adequately screen potential users of the Site or Services.
You are solely responsible for any information, data, text, software, music, sounds, photographs, graphics, video, messages, or other material (collectively “Your Content”) you post, upload, link to, or otherwise transmit to or through the Site and Services. You hereby represent and warrant that you own or have all necessary rights (including any necessary permissions and releases) to upload, display, and use of Your Content, and that you own or have all necessary rights (including necessary permissions and releases) to grant us the rights to Your Content contained in this Agreement. You further warrant and represent that our use of any of Your Content as contemplated by this Agreement does not violate the intellectual property rights of any other person or other third-party, except as you notify us in writing of any restrictions or limitations of use.
You expressly agree that we have no responsibility for or control over Your Content nor the content posted, uploaded, linked to, or otherwise transmitted to or through the Site and Services or how you use our Site or Services. We make no representation that your use of the Site or Services complies with applicable laws or that it was designed to comply with applicable laws. We do not represent, warrant, or guarantee the truthfulness, accuracy, quality, legality, or reliability of any of Your Content or third-party content that you or third parties post, upload, link to, or otherwise transmit to or through the Site and Services.
We reserve the unconditional right, but not the obligation, to remove, move, or edit any of Your Content, in our sole and absolute discretion, that we deem to be harmful, offensive, unprofessional, disruptive, illegal, or otherwise contrary to the values of our business, and may do so without warning or notice to you. However, we do not undertake to review all of Your Content or the content of any third parties before it is posted on the Site or through our Services and cannot ensure prompt removal of objectional or inaccurate material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding Your Content provided by you or any other user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Through posting, uploading, linking, or transmitting Your Content to or through the Site or Services you hereby grant us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any of Your Content by any means and in any media now known or hereafter developed for any use or purpose without compensation to you. Further, by posting, uploading, linking, or transmitting Your Content to or through the Site or Services you hereby agree to release, hold harmless, indemnify, and defend us from any and all legal or civil actions, penalties, and costs, including without limitation attorneys’ fees, arising from any of Your Content you post, upload, link to, or transmit to or through the Site or Services.
FEEDBACK REGARDING THE SITE OR SERVICES
In some circumstances, you may provide feedback or comments to Company regarding the Site or Services. If such information is related to the Site or Service, you hereby assign all rights to this information to Company, for use and exploitation as Company sees fit. You will not be owed any compensation for such information, nor will you receive any type of attribution from Company.
FEES; PAYMENTS; TAXES
By using the Services you agree to pay fees to us. All fees are in U.S. dollars and are non-refundable. You agree to pay all charges incurred by you or on your behalf through the Service, at the prices in effect when such charges are incurred. Payment of all fees shall be made through our third-party payment processors. Such third-party payment processors will charge you the fees prior to you making your payment in the payment method you specified at the time of purchase. If you pay any fees with a credit card, our third-party payment processors may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. By making or receiving payments through our payment portal, you grant us and our third-party payment processors the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant institution, and to charge your account in the amounts specified at the time of your purchase. You are responsible for any taxes applicable to your transactions sent or received through our payment portal.
Your purchase of our Services is valid for the Service as of your purchase date and does not include access to future updates we may make to our courses, materials, or other Services. Access to such updates will only be provided for payment of additional fee(s).
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity, without the obligation to assign reason for doing so. No order is deemed accepted by Company until payment has been processed.
The Services are open only to those seeking individual support. The Services are not intended to support professionals, such as other attorneys, educators, or course creators who are interested in company’s methodologies or the content of the services. Additionally, this includes purchasing access so that you can share information with another person who wants to learn about company’s content. (Also, please see our Intellectual Property section.) If Company becomes aware you have joined for this reason, Company will immediately cancel any access to the Services for such individuals. No refunds will be granted in this circumstance. If Company learns that you are planning to create a commercial product with similar content, Company reserves the right to remove you from the services under this paragraph without a refund.
We may at any time change or discontinue any aspect or feature of the Site or Service, subject to our fulfilling our previous responsibilities to you based on acceptance of your payment and subject to these Terms. You will have access to the Services for the period agreed to at the time you enroll. If any substantive change is made to your access, Company will provide you with 30 days’ notice of this change to the terms.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible, but in no case more than five (5) business days after receipt of the email confirmation, at which point you will be deemed to have received, approved, and accepted the Service as provided.
CANCELLATIONS, REFUNDS & RETURNS
Due to the digital nature of the Services, the courses or workshops are non-refundable. Please carefully verify that you are purchasing the correct Services prior to completing the submission of your payment.
If you have made an error in your purchase, please notify us and we will determine, in our sole discretion, how to proceed. For example, if you have purchased the incorrect course, you may not receive a full refund if there are fees that we will incur to process that transaction.
If you fail to use an available coupon code, we will not be responsible for offering you a refund for the amount of the coupon. All coupons and discounts must be entered at the time of sale and will not be valid retroactively.
We endeavor to describe and display the Services as accurately as possible. While we try to be as clear as possible in explaining the Services, the Site may not always be entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
CONTINUING LEGAL EDUCATION
Certain Services may be eligible for Continuing Legal Education (“CLE”) credits. This means that Company has requested certification of the Services by the appropriate CLE board. There is no guarantee that Company will keep this certification and it may expire after a certain period. At that time, Company reserves the right to provide a certificate of completion, which you may use to submit to your licensing entity with an application to receive CLE credits. Company makes no guarantees that any aspect of the Services will be accepted for CLE credit in a particular state unless it is currently certified for CLE credit in that particular state. If an update has been related to the CLE program, you may be required to purchase the most updated version, which is the only version that would be eligible for CLE.
OUR INTELLECTUAL PROPERTY POLICY
The Site and Service contain intellectual property owned by the Company, including trademarks, copyrights, proprietary information, and other intellectual property (the “Intellectual Property”). You may not copy, download, reverse engineer, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, reuse, copy, repost, sell, publish, disseminate, circulate, or in any way exploit in any format whatsoever any of the Site, Service, any information, content, software, products, or Services otherwise connected to the Site, or Intellectual Property, in whole or in part, without our prior written consent. When you are logged in to your account you can watch and re-watch any purchased courses as many times as you would like, but you are prohibited from sharing them with others or otherwise filing them so that they may be circulated or disseminated in violation of these Terms. Additionally, you are prohibited from live streaming or showing the information to multiple third parties, such as to multiple people in a room or via screenshare on Zoom without our prior written permission. For any materials that come with any purchased Services, we grant you a non-exclusive, non-transferrable revocable license to use them for your personal use; you are not permitted to share these materials with others, sell, duplicate, display, or otherwise distribute them. You are not permitted to reverse engineer any code associated with the Site. You are not permitted to create any software, application, or device designed for the purpose of obtaining data from the Site, or engage in any web scraping, web harvesting, or web data extraction from the Site. Violating our Intellectual Property policy is a material breach of this Agreement. Your purchase of the Service does not grant you any ownership rights in the materials. We reserve the right, in our sole and absolute discretion, to immediately and without notice remove you from the Site and revoke your access to our Services, without refund, if you violate or attempt to violate Our Intellectual Property Policy.
We may at any time modify, replace, or amend these Terms. Such changes are effective immediately upon posting the new Terms on this Site. If you have created an account, changes in these Terms will be emailed to the address you provided for that account at the time the changes are implemented. For this reason, it is imperative that you maintain a current contact information with us. We are not responsible for ensuring your contact information is up to date. Any use of the Site or Services by you after we update these Terms shall act as your acceptance of the current version of the Terms. We reserve the right to update any portion of our Site and Services, including these Terms, at any time and for any reason. We will post the most recent version to the Site and list the “Last Updated” date shall be the effective date of the modified Terms.
LIMITATION OF LIABILITY
THE SERVICES ARE PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE MAY NOT BE FREE FROM ERRORS, VIRUSES, OR OTHER PROBLEMS. THE COMPANY MAY NOT BE HELD RESPONSIBLE OR LIABLE FOR YOU USE OF THE SITE OR SERVICES. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE AND SERVICES AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
BY YOUR USE OF THE SITE AND OUR SERVICES YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, ACTUAL, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICES. ADDITIONALLY, LAWTANK LEGAL CONSULTING LLC SHALL NOT BE LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICES YOU HAVE PURCHASED FROM US, AND IF NO PURCHASE HAS BEEN MADE BY YOU THE COMPANY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES. THE SERVICES ARE PROVIDED WITHOUT ANY WARRANTY THAT THEY ARE SUITABLE FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE, SERVICES, OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE OR SERVICES.
THIRD PARTY RESOURCES
The Site and the Services may contain links to third-party websites and resources and those third parties are the sole owners of their intellectual property; there is no affiliation with the Company. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such third-party websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms, or any use by you of the Site or Services. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Company pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by us shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by LawTank Legal Consulting LLC dba Trademarkabilities.
NOTICES; CONTACT US
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Attn: Trademarkabilities Customer Support
LawTank Legal Consulting LLC
4740 N. Cumberland Ave #309
Chicago, IL 60656
By using the Site or Services you are hereby requesting, and expressly consent to being contacted by us, by our agents, or representatives, and other users via the Site, phone, fax, email, mail, text, or other reasonable means of communication, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial, local, and other applicable laws, and regulations, or other applicable “Do Not Call” list, and even if you have previously opted-out from receiving marketing communications from us so that we may provide Services to you. You agree that all consents provided in this section will survive termination of this Agreement.
You hereby: (1) consent to receive communications from us in an electronic form; (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications, and documents that we provide to you electronically will have the same legal effect that such communications or documents would have if they were set forth in "writing." The previous sentence does not affect your statutory rights; and (3) if you provide your mobile device number, you agree to receive Short Message Service (“SMS”) or text messages on your mobile device and that you will be solely responsible for all carrier charges associated with such messages.
Copyright Complaints (DMCA policy)
The Company respects the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify the Company by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
- A physical or electronic signature of 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, or if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
- Identification of the material that is claimed to be infringing 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 Service Provider to locate the material;
- Information reasonably sufficient to permit Service Provider 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.
Send DMCA notices to:
Attn: Trademarkabilities DMCA Complaint
LawTank Legal Consulting LLC
4740 N. Cumberland Ave #309
Chicago, IL 60656
GOVERNING LAW; VENUE; MEDIATION
The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof) or the Site or Services will be BINDING ARBITRATION administered by the American Arbitration Association. You waive your right to a trial by jury. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against us in a small-claims court of competent jurisdiction. For such a claim, the exclusive venue shall be the state courts of Illinois located in Cook County. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against us any class action, class arbitration, or other representative action or proceeding. The laws of the State of Illinois will govern these Terms, as well as any claim that might arise between you and us, without regard to any conflict of law provisions. You agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and us (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction located in Cook County, Illinois. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in the federal or state courts located in Cook County, Illinois. You hereby irrevocably consent to the jurisdiction of those courts for such purposes. These Terms, and any dispute between you and us, will be governed by the laws of the State of Illinois without regard to principles of conflicts of law, provided that this arbitration agreement will be governed by the Federal Arbitration Act.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable, sub-licenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid. We reserve the right to assign our rights and obligations under this Agreement at any time.
We may terminate, change, suspend or discontinue any aspect of the Site or Services at any time. If you have not accessed the Site or our Services, including your course materials for twelve (12) months, we may discontinue your access to the Services without notice or liability, whether or not you have completed a course or lesson. Moreover, we may restrict, suspend, or terminate your access to the Site or the Services if we, in our sole discretion, believe you are in breach of these Terms or applicable law, you are a repeat infringer of Intellectual Property rights, or for any other reason without notice or liability. We reserve the right to refuse access to the Site or our Services for any reason not prohibited by law. If we terminate the Agreement or suspend your access to the Site or our Services for any reason, you are prohibited from registering a new account under a different name or alias.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT.
LAST UPDATED: January 1, 2023