TERMS AND CONDITIONS
Welcome to Online Cosmetic Tattoo Tutorials sponsored by 5th Ave PMU Academy. If you have any questions or concerns, please contact our customer service team at firstname.lastname@example.org. By purchasing our tutorials, you agree to the Terms and Conditions contained herein. 5th Ave PMU Academy (a Folicule LLC company), will provide you with access to the Online Tutorial upon receipt of purchase.
1. EFFECTIVE DATE
This Agreement shall start upon registration by you, the Participant in the Online Cosmetic Tattoo Tutorial sponsored by 5th Ave PMU Academy (a Folicule LLC company), and shall be enforceable between you and 5th Ave PMU Academy (a Folicule LLC company) starting on the date you register for the Tutorial.
a.The term “Tutorial”, “Online Course”, “Course”, “Program” shall refer to the 5th Ave PMU Academy (a Folicule LLC company). Online Cosmetic Tattoo Tutorial.
b. The terms “we”, “us”, “our”, “company”, “provider”, “5th Ave PMU Academy”, shall refer to 5th Ave PMU Academy (a Folicule LLC company).
c.The term “user,” “customer,” “you”, “your”, “participant” refers to user of the 5th Ave PMU Academy (a Folicule LLC company).
d.The term “course content” means all materials provided by and or displayed and or made available by 5th Ave PMU Academy (a Folicule LLC company) in connection with the Tutorial, including but not limited to the written and or graphic content connected with or included in the Course including the digital content and the look and feel of the portal in which the Online Course is accessed.
e.The term “platform”, “portal”, “the tutorial portal”, “website” shall refer to the online system used by 5th Ave PMU Academy (a Folicule LLC company) to display the Tutorial online and to be accessible by users of the Tutorial.
f.The term “digital content” means any and all materials which we display and/or make available to the participant as part of the Online Course in a digital format, including but not limited to pictures, saveable and or printable documents and or text content, and videos and or live video link sessions.
The Provider agrees to provide access to all of the features of this Tutorial as described in the Course Curriculum on the Effective Date.
4. TUTORIAL REGISTRATION AND USER ACCOUNT
In order to access or use the Platform, you must be at least eighteen (18) years old and have the requisite power and authority to enter into this Agreement. Minors are prohibited from using the Platform.
The Tutorial will be delivered to you online in a digital format (i.e., no physical products are shipped to you). In order to access the Tutorial Portal, you will be required to establish a User Account by providing information about yourself including your name, current email address, username, password and other personal information, which you must treat as confidential. You agree to provide true, accurate, current and complete information as prompted by any registration form and to maintain and promptly update the information to ensure it remains true, accurate, current and complete. You are responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Portal, you agree to maintain and update true, accurate, current and complete registration data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Provider has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider may suspend or terminate your access to Tutorial without refund.
Any passwords and user IDs used for the Program are for the Participant’s individual use only. The Participant is responsible for the security of their password and user ID (if any) and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Participants to change passwords. The Participant further agrees that the Provider will not be responsible for the unauthorized use of a Participant profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.
The fee shall be subject to all applicable taxes as required by the taxing authorities in the jurisdiction of Provider.
7. REFUND POLICY
Given the digital nature of the Tutorial, we do not offer refunds. As such, you agree not to raise a dispute with your financial institution and/or credit card provider for the Course you purchased and which we granted you access to. By purchasing a course, you agree that you require us to provide the Tutorial to you immediately. You acknowledge that you will lose the right to cancel once the digital content has been made available for downloading or streaming. If you do not wish to commence the Online Course immediately we suggest that you wait and submit your payment when you are ready to start.
8. CREDIT CARD AUTHORIZATION
By purchasing the Course with a credit/debit card, you hereby authorize the Provider to charge your credit card or other payment card automatically for any payment(s) owing as determined by the provisions of this Agreement.
The Provider agrees to protect all personal information collected from you. In addition to receiving applicable Program correspondence via e-mail or other electronic communication, you expressly consent to receive any marketing correspondence from us upon registration in the Program. You may unsubscribe from any such marketing lists without affecting access to the Program.
10. RELATIONSHIP OF THE PARTIES
You and 5th Ave PMU Academy agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us by virtue of your use of the Platform, the Tutorial, and/or our Products.
11. LEGAL DISCLAIMER- NOT PROFESSIONAL ADVICE. FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
5th Ave PMU Academy provides the information contained in the Tutorial to the Participant for informational and educational purposes only. The information contained in the Tutorial, including any interactions with instructors, and participation in any social media groups or chats, shall not be understood or construed as professional advice. The Participant shall be required to use their own judgment in applying the information provided in the Course to their own personal circumstances and may wish to get additional professional advice where appropriate. 5th Ave PMU Academy may share its own successful results, its users, or customers in the Tutorial. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, marketing performance, audience growth, or results of any kind. By accessing the Platform and/or Products, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Platform and/or Products is a promise, warranty or guarantee to you of such results.
12. LIMITED LICENSE
By purchasing the Course, you are granted a single-use, non-exclusive, non-transferable, revocable license to access, view and use the Course. You are granted the right to download, store and print single copies of items comprising the Course, if any. All ownership rights in the intellectual property related to the Program remain with 5th Ave PMU Academy and you may not use or reproduce any of the content in any manner, without the express written consent of 5th Ave PMU Academy. Any violation of the copyright or trademark rights of 5th Ave PMU Academy shall result in immediate termination of access to the Program without refund.
The material in the Tutorial is covered by the provisions of the Copyright Act and by other applicable laws, policies, regulations and international agreements that address intellectual property rights. Except as granted in the limited license, any use of the Tutorial, including modification, transmission, presentation, distribution, republication, or other exploitation of the Course or of its content, whether in whole or in part, is prohibited without the prior written consent of 5th Ave PMU Academy.
You agree not to reproduce, duplicate, copy, sell, resell, create derivative works, or exploit, for any commercial or other purposes, any portion of the Platforms and/or Products or content or other information or materials of any kind that you do not own without the Provider’s express prior written consent.
14. LEGAL DISCLAIMER – TECHNOLOGY
5th Ave PMU Academy shall not be liable for any losses or damages of any kind related to any websites, course hosting platforms or any other technology used in the delivery of the Program being unavailable or unusable for any reason whatsoever. You hereby agree that you have the necessary Internet connection and other technology in order to participate fully in the Tutorial. You agree that Company shall not be liable to you or to any third party for any modification, interruption, suspension of the Tutorial. 5th Ave PMU Academy is not responsible for delay or failure of our performance of any of the features of the Platform caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
15. LIMITATION OF LIABILITY AND INDEMNITY
Subject to applicable law, in no event shall 5th Ave PMU Academy and its partners, employees, consultants, agents or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Program, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if 5th Ave PMU Academy knew of or ought to have known of the possibility of such damages. You will indemnify and hold harmless 5th Ave PMU Academy and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Program or otherwise relating to this Agreement (including any breach by you thereof). You agree to indemnify and hold harmless the Provider and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Program or its content.
16. DISCLAIMER OF WARRANTIES
The Program is provided “as is” and “as available”, without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions, including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Program, to the fullest extent permissible under applicable law. While the Provider endeavors to provide content that is correct, accurate and timely, no representations or warranties are made regarding the Program including, without limitation, the Providers provide no representation or warranty that (i) the Program will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the course hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Program will be corrected, (iv) that the course hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the course hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Course at your own risk and liability.
17. GOVERNING LAW AND JURISDICTION
The Platform is operated by the Provider within the state of New York. By accessing or using the Course, you agree that all matters relating to your access to, or use of the Course and its content shall be governed by the laws of the state of New York. You agree and hereby submit and attorn to the exclusive jurisdiction of the courts of New York, with respect to all matters relating to your access to and use of the Course.
18. DISPUTE RESOLUTION
If a dispute arises under this Agreement, you agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in New York. Any costs and fees associated with the mediation, other than attorney fees, will be shared equally by the both parties. If the dispute is not resolved within thirty (30) calendar days after it is referred to the mediator, it shall be settled exclusively by submitting to binding arbitration in New York. A party electing arbitration must initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator. If any court action is necessary to enforce this Agreement, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.
19. ENTIRE AGREEMENT
This is the entire agreement between 5th Ave PMU Academy and you, the Participant, relating to your access and use of the Course and the content therein, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and 5th Ave PMU Academy with respect to the Course.
Our waiver of any of the provisions of these Terms of Service shall not be deemed, nor 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 an authorized representative of the Provider.
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 it shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
"By Completing Purchase", you confirm that you have read the terms and conditions stated in this Agreement, that you understand them and that you agree to be bound by them."