You and the Service Provider enter an agreement pursuant to, and in accordance with, these terms and conditions and agree as follows.
Your purchase of this Course entitles You to a discount in the event that You and Service Provider enter into a separate contract for the following legal services at a later date: (a) $1,000 off the then-current cost of the preparation of an EB-2 NIW petition, (b) $1,000 off the then-current cost of Service Provider responding to a Request for Evidence (“RFE”) for an EB-2 NIW petition that Service Provider did not prepare, and (c) $1,000 off the then-current cost of Service Provider reviewing an EB-2 NIW petition prepared by a person other than Service Provider prior to the petition being submitted to USCIS.
Such discounts are not assignable and non-transferable, and any attempt to do so shall be null and void. You shall only be entitled to one discount from each category of legal services (a, b, or c), even if You purchase the Course more than once. Such discounts must be claimed within one year of the date that You purchase the Course, or, in the case of the discount relating to an RFE response, within two weeks of the date that the RFE is issued. Each such discount is subject to Service Provider being able to, in Service Provider’s sole discretion, represent You in each such instance. If Service Provider cannot represent You in the matters listed above, Service Provider will refund one-half (50%) the amount that You paid for the Course, less any administrative or processing fees. To claim any such discount, You must present Your receipt for this Course to Service Provider at the time that You request that Service Provider represent You.
You agree and acknowledge that, as more specifically stated herein, your use of the Course does not create an attorney-client relationship and that Service Provider does not represent You unless You and Service Provider execute a separate contract for legal services. As more specifically stated herein, the information provided in the Course is for informational purposes only, You use such information at Your own risk, and You waive any claims against Service Provider related to the reliability or accuracy of such information or its suitableness for any purpose, including because You understand that information, requirements, and standards related to immigration processes or benefits may change without notice. Nothing in the Course constitutes legal advice, and information in the Course is not a substitute for independent legal advice based on a thorough review and analysis of the facts of Your case, and independent research based on statutory and regulatory authorities, case law, policy guidance, and for procedural issues, federal government websites.
Service Provider does not make, and expressly disclaims, any representations or warranties that the Course will confer any immigration benefits upon You or render You eligible or qualified for any immigration benefits or that You are eligible or qualified for any immigration benefits. A discretionary standard is applied to EB-2 NIW petitions, and no guarantees may be made regarding any outcome of a petition.
1. Definitions
Unless the context requires otherwise and unless explicitly defined elsewhere in this Agreement, capitalised terms and expressions in this Agreement are defined terms and expressions which shall have the following meaning:
(a) “Agreement” means these terms and conditions together with the contents of the Registration Form (upon submission by You);
(b) “Confidential Information” means, in relation to a Party, all information (whether the information is in oral or written form or is recorded in any other medium):
(i) about or pertaining to the business of that Party, its affiliates, or their respective clients, suppliers, or business associates (including but not limited to information on products, technology, IT operations, intellectual property rights, know-how, financial information, and personal data), which is disclosed to the other Party, its affiliates or their respective personnel or contractors (or personnel of a contractor), or which is acquired by or otherwise comes to the knowledge of the other Party) in connection with the Course Content;
(ii) the contents of this Agreement;
(iii) all information identified by a Party as confidential; and
(iv) all other information of which the other Party knows or should reasonably know to be of a confidential nature;
(c) “Course Content” means all content made available to You which includes, but is not limited to, text, images, photos, posts, logos, marks, graphics, designs, files, services, products, videos, audio, software, applications, computer code, metadata, downloads, and all other information and materials on and contained in the Platform or otherwise by or on behalf of the Service Provider to educate You on EB-2 NIW visa;
(d) “Parties” means You and the Service Provider;
(e) “Party” means either of the Parties;
(f) “Platform” means the website of the Service Provider with the URL robinsonimmigration.com on which the Course Content is made available to You;
(g) “Registration” means the moment You submit the Registration Form;
(h) “Registration Form” means the registration form provided via robinsonimmigration.com or otherwise to You by the Service Provider to register for access to the Course Content;
(i) “Service Provider” means Robinson Immigration Law, LLC,
(j) “You” or “Your” means any person who has agreed to and is, therefore, bound by this Agreement.
2. Age
2.1. You represent and warrant that:
(a) You are at least 18 years of age; or
(b) if You are the age of 13 years or older but younger than the age of 18 years, You have been given the prior consent (one of) Your parent(s) or legal guardian(s), to enter this Agreement.
2.2. The Service Provider makes no representation that the Course Content is available or appropriate for use by individual persons below the age of 18.
2.3. If You are younger than the age of 13 years, the Service Provider does not permit You to access Your Account, the Platform, or the Course Content.
3. Account
3.1. In order to access the Platform and the Course Content, You are required to create a user account at Registration (hereinafter referred to as; Your “Account”).
3.2. By creating Your Account, You represent and warrant that all information provided for the creation of Your Account is accurate, complete, and current. You agree to maintain and update, as soon as reasonably possible, Your Account information so that it remains accurate, complete, and current.
3.3. In order to create Your Account, You may be required to choose a username and/or password. You are responsible for keeping Your username and password confidential.
3.4. Your Account may be used by You only. You may not provide access to Your Account or in any way make Your Account or any information relating to Your Account, including, but not limited to, Your username and password, available to any third party.
3.5. Regardless of whether a third party is or was authorised by You to access or use Your Account, You are and remain at all times responsible for any and all use of Your Account and that any and all use of Your Account is fully compliant with the provisions of this Agreement.
3.6. You acknowledge and agree that the Service Provider may rely on the username of Your Account, if applicable, to identify You.
4. (Un)permitted use & communications
4.1. You are granted a non-exclusive, limited, revocable, non-transferable, non-sublicensable license to use the Course Content for Your own personal, non-commercial, informational and educational use and insofar as You do not violate any copyright, trademark, and other intellectual property or proprietary rights (hereinafter referred to as; the “License”).
4.2. Any intellectual property rights remain exclusively vested in the Service Provider, its licensors, or its suppliers.
4.3. You acknowledge and agree that You are not permitted to:
(a) share, edit, modify, copy, reproduce, enhance, reverse engineer, (re)distribute, transfer, transmit, sell, resell or in any way exploit the Course Content;
(b) collect or use descriptions or prices of the Course Content; or
(c) make any derivative use or create derivative works of the Course Content, whether free or paid, without the express consent of the Service Provider given by email or written agreement.
4.4. You shall not use the Course Content to teach any third party or publish on any platform, any of the information, methods, solutions, or formulae contained in or derived from the Course Content.
4.5. You may use the Platform and the Course Content exclusively for Your own use and for lawful purposes. You agree not to:
(a) use or distribute any kind of malicious software, data gathering or extraction tools, or harmful information or material on the Platform, including, but not limited to, robots, data mining, computer viruses, or spyware;
(b) make any attempts to hack or gain unauthorised access to any part of the Platform; and/or
(c) send unauthorised or unsolicited material or cause disruption in the operation and/or functionality of the Platform.
4.6. You shall be liable for damages resulting from the breach or violation of any provision contained in this Agreement.
5. Course Content changes, updates & add-ons
5.1. The Service Provider reserves the right to amend, change, alter or modify the Course Content at its discretion.
5.2. The Service Provider may update any of the Course Content and/or add new course material to the Course Content from time to time. When the Service Provider makes any updates to the Course Content and/or adds new course material to the Course Content, such updates and/or new course material may be, at Service Provider’s sole and unfettered discretion, be included in the Course Content You were provided at the moment of Registration. You may, at Service Provider’s sole and unfettered discretion, receive access to the updated version of the Course Content or new information and/or materials.
5.3. The Service Provider may offer additional course material to supplement the Course Content to You at an additional fee, from time to time, in which case such additional course material becomes part of the Course Content, and this Agreement shall apply to the additional course material.
6. Third-party resources and websites
6.1. The Platform and/or Course Content may contain links or references to third-party websites or resources originating from third parties. The Service Provider does not own or control these third-party websites.
6.2. You agree that the Service Provider is not responsible or liable for the correctness, accuracy, or completeness of any content or information presented on these third-party websites and/or in the resources provided by third parties.
6.3. You assume any and all risks for visiting and/or using these third-party websites and/or resources originating from third parties, and any and all transactions between You and these third parties are exclusively between You and the relevant third party. The Service Provider is not liable for any damages resulting from or relating to Your use of these third-party websites or resources originating from third parties.
6.4. The Service Provider may partner with other businesses and/or become part of one or more affiliate marketing program(s) whose products and/or services may be advertised or promoted on the Platform and/or on the Course Content in exchange for commissions, affiliate fees, referral fees, and/or financial rewards when You purchase those products and/or services through the affiliate links.
6.5. The Service Provider may also recommend or promote other products, services, persons and/or businesses, but such reference is not intended to be an endorsement and/or statement that such information provided is accurate. The Service Provider recommends such products, services, persons and/or businesses based on its personal experiences. However, it is at all times Your responsibility to conduct Your own research and due diligence to ensure You have complete and accurate information about such products, services, persons and/or businesses.
6.6. Any such affiliate and/or third-party relationships in no way compromise the integrity of the Course Content. You are not obligated to click on these affiliate links and/or third-party links to purchase those products or services being offered. These affiliate and/or third-party programs are selected based on personal experiences and assist in the growth of the Service Provider, so the Service Provider can continue to provide valuable and substantive information on the Platforms.
6.7. Although the Service Provider may provide affiliate and/or third-party links on the Platform or in the Course Content for Your convenience, the Service Provider has no control over these third-party websites. Those affiliates and third parties are solely responsible for their own information and content presented. Therefore, the Service Provider and/or anyone else working with or for the Service Provider cannot be held responsible and/or liable for any content presented on these third-party websites and for any damages, losses or other costs resulting from them.
7. Fee
7.1. As consideration for access to Your Account, the Platform, and the Course Content, You agree to pay the Service Provider a total payment equal to $250 if you enter into this Agreement prior to the planned date for the Course Content to be made available (which date is anticipated to be on or before October 31, 2025) or $900 if you enter into this Agreement after the Course Content is made available, hereinafter referred to as the “Fee”.
7.2. All amounts stated in this Agreement are exclusive of any sales or value-added taxes chargeable unless explicitly stated otherwise. If any sales or value-added taxes are chargeable, You shall pay to the Service Provider, in addition to the Fee, an amount equal to the amount of the applicable taxes.
8. Payment
8.1. The Fee must be paid immediately at the moment of Registration. You may only pay the full Fee at Registration. Payment in installments is not permitted.
8.2. Registration is not complete, and You will not have access to the Course Content until the Service Provider has received full payment of the total Fee.
8.3. Any payments under this Agreement are made by the payment methods that may be available at robinsonimmigration.com or any third-party payment processing provider that Service Provider elects to use.
8.4. You authorize the Service Provider to charge the credit card or account chosen by You to complete all payments under this Agreement.
8.5. If You fail to tender full and/or timely payment of any payment owed to the Service Provider, including, but not limited to, the Fee, or if a payment is cancelled or charged back, the Service Provider reserves the right to suspend Your access to the Course Content until the Service Provider has received any payment(s) due in full.
8.6. If You fail to tender full and/or timely payment of any payment owed to the Service Provider under this Agreement within 5 days after the due date of that payment, the Service Provider reserves the right to charge a late payment fee equal to 10% of the total amount overdue, to accrue monthly until payment is received. Additionally, the Service Provider may charge any expenses incurred in connection with collecting the fee from You, including legal fees and collection costs.
9. Refund policy
9.1. You waive and consent to the waiver of any and all rights to any applicable statutory “cooling-off period,” “withdrawal period,” or any other cancellation and/or refund rights under applicable law insofar as the refund policy in this clause 9 deviated from such rights. The Service Provider is under no obligation to grant You a refund.
9.2. No refunds shall be given except in the event that Service Provider is unable to provide the discounts referenced above due to Service Provider’s inability to represent You in the matters in which You are entitled to a discount. If You cancel or terminate this Agreement, You shall not be refunded.
10. Access restriction
The Service Provider reserves the right to, at the Service Provider’s sole discretion, completely or partially, refuse, suspend, remove, restrict Your access to the Platform and/or the Course Content and/or revoke and/or terminate Your use of the Platform and/or the Course Content, any licenses and/or Your Account, at any time, without notice if the Service Provider either knows or suspects You have or shall breach any of Your obligations under this Agreement.
11. Term & termination
11.1. This Agreement is effective, and You receive access to the Course Content and the Platform as per the moment of Registration and continue until the earlier of:
(a) The time when 12 months have passed since the moment of Registration; or
(b) You cancel this Agreement; or
(c) Service Provider terminates this Agreement in accordance with this clause 11.
11.2. The Service Provider shall be entitled to terminate this Agreement by email to You with immediate effect and thus without observing a notice period and without being liable or any compensation being due if:
(a) any payment that is due under this Agreement has not been received by the Service Provider in full and on time;
(b) You breach any of Your obligations under this Agreement;
(c) the Course Content is no longer available on the Platform; or
(d) necessary to satisfy any requirements, conditions, guidelines, or opinions contained in any directive, order, opinion, or ruling of a public authority.
11.3. If this Agreement is terminated or cancelled, which termination or cancellation can only occur on the basis of and in accordance with the relevant provisions of this Agreement, then:
(a) the License shall be revoked with immediate effect upon termination;
(b) Your Account shall be terminated;
(c) access to the Platform and the Course Content by You shall be revoked and terminated;
(d) You shall cease and abstain from the use of and delete the Course Content from any location You have shared or stored the Course Content;
(e) all rights and obligations of the Parties under this Agreement shall end and become ineffective, except for:
(i) the rights and obligations accrued before that date;
(ii) any rights and (payment) obligations of or pursuant to clauses 8 (Payment & access); and
(iii) any rights and obligations of or pursuant to clauses 16 through 27, which will remain in full force and effect after termination of this Agreement; and
(f) such termination shall be without prejudice to any rights a Party may have vis à vis the other Party in connection with a breach of any provision of or obligation under this Agreement occurring prior to their termination.
11.4. If this Agreement is terminated due to any of the reasons listed under clause 11.2(a) or 11.2(b), the Service Provider is entitled to refuse You access to any other courses, (digital) products and/or services at the Service Provider’s sole discretion.
12. Representations, warranties, and Disclaimers
12.1. Errors Disclaimer: The Service Provider does not represent, warrant, or guarantee that the Course Content, Your Account, or the Platform will be true, accurate, up-to-date, complete, current, or free from errors, defects, inaccuracies, omissions, interruptions, or disruptions.
12.2. Access Disclaimer: The Course Content is facilitated through the Platform. The Service Provider is not responsible or liable for any delays, downtime, interruptions, or temporary failures to access or use the Course Content, the Platform, or Your Account. The Service Provider makes no representations, warranties, or guarantees regarding the compatibility of the Course Content or the Platform with Your specific technology or internet connection. It is Your responsibility to ensure that You have the appropriate technology, equipment, hardware and software, along with access to a reliable internet connection, to be able to access and use the Platform and the Course Content.
12.3. Description Disclaimer: The descriptions, representations, and any other information regarding the Course Content provided on websites, social media, or anywhere else are intended to convey the general nature of the Course Content only and do not guarantee the outcomes or content of the Course Content. The Service Provider reserves the right to amend, change, alter, or modify the Course Content, its features, structure, delivery method, or any other aspect of the Course Content at the Service Provider’s sole discretion and without prior notice.
12.4. Incompatibility Disclaimer: The Service Provider is not responsible or liable if You fail to meet the requirements for the Course Content or your ability to use and complete the Course Content based on Your personal circumstances, skills, commitment, capabilities, and effort. You are responsible for allocating sufficient time and resources to allow You to successfully use and complete the Course Content.
12.5. Professional Relationship Disclaimer: Purchasing, accessing, or using (any part of) the Course Content, Your Account, or the Platform does not establish an attorney-client relationship or any kind of professional or legal relationship with the Service Provider or any person working with or for the Service Provider, including, but not limited to, instructors, course creators, or other contributors, nor does it create any kind of ongoing legal or professional obligation or responsibility between You and the Service Provider or any person working with or for the Service Provider beyond the scope of this Agreement.
12.6. Professional Advice Disclaimer: The Course Content is for informational and educational purposes only. The Course Content is general information and is not, and should not be construed as, any form of professional advice, nor is it intended to replace or substitute for such professional services. You acknowledge that the Course Content does not address Your specific individual needs.
12.7. Financial & Legal Disclaimer: The (use of the) Course Content does not constitute and cannot be used as a substitute for (professional) financial, tax, or legal advice, support, or services. The Service Provider does not guarantee and specifically disclaims any responsibility and liability relative to legal or other outcomes. You are solely responsible for legal compliance, and the Service Provider disclaims any liability for any penalties, fines, or other damages that You may incur due to breach of any applicable laws, regulations or other legal requirements.
12.8. Product Availability Disclaimer: The Service Provider does not guarantee the availability of specific products or services mentioned in the Course Content (in your location). It is Your responsibility to source products and services necessary for the Course Content.
12.9. Risk Disclaimer: You agree to use and execute the Course Content at Your sole risk. The Service Provider specifically does not represent, warrant, or guarantee the safety, suitability, or effectiveness of any of the objects, products, services, tools, methods, or techniques mentioned or used in the Course Content. The Service Provider is not responsible and disclaims any liability for any injuries, damages, losses or other consequences arising out of or resulting from Your use of the Course Content, including, but not limited to, any injuries, damages, losses or other consequences arising or resulting from misuse, misunderstanding or failure to follow any part of the Course Content.
12.10. Reliance Disclaimer: You use the Course Content at Your sole discretion and risk. The Service Provider does not guarantee that the Course Content will meet Your expectations or objectives. The Service Provider is not responsible or liable for Your reliance on (any part of) the Course Content.
12.11. Results & Outcomes Disclaimer: Individual outcomes and results may vary based on personal circumstances, skills, commitment, capabilities, effort, and application of the Course Content. The Service Provider is not responsible for (i) the effectiveness of the Course Content, Your Account, or the Platform, (ii) any results in relation to or outcomes from the Course Content, Your Account, or the Platform, or (iii) any decisions made by You or any other third party based on the Course Content and/or any results in relation to or outcomes from the Course Content. The Service Provider does not represent, warrant, or guarantee the effectiveness of the Course Content, Your Account, or the Platform or the results in relation to or outcomes from the Course Content. The Service Provider’s comments about the effectiveness of the Course Content and/or result(s) and/or outcome(s) are expressions of opinion only.
12.12. No Representations, Warranties, or Guarantees: You acknowledge that the Service Provider cannot make any such representations, warranties, or guarantees mentioned in this clause 12 and that You cannot hold the Service Provider liable in relation to those matters. You acknowledge that Service Provider has not made any representations, warranties, or guarantees other than those specifically stated herein, and you represent and warrant that you have not relied on any representations, warranties, or guarantees other than those specifically stated herein.
13. Limitation of liability
13.1. Your visit to and use of the Course Content and the Platform is at Your exclusive risk. You are exclusively responsible for the accuracy and correctness of the personal and other information You provide, the outcome of Your actions, Your results, and all other actions in connection with the Course Content and the Platform.
13.2. The Service Provider and anyone else working with or for the Service Provider is not responsible, nor is the Service Provider liable, for any damages resulting from:
(a) any errors, delays, bugs, or omissions on the Platform, interruption in operation and Your use of the Platform, failure of performance of any kind, website attacks, including, but not limited to, viruses, malware, malicious code, hacking of information, and any other system failures;
(b) any loss of income, revenue, profits, use, data, business, and/or any goodwill related to the Platform;
(c) any theft of and/or unauthorised access to Your information by any third party, regardless of the Service Provider’s negligence; and
(d) any use or misuse of any Course Content.
13.3. The Service Provider’s aggregate liability for any claim related to or arising out of this Agreement or the relationship between You and Service Provider is limited to the Fee, excluding sales taxes, value-added taxes, and any other taxes actually paid by You to the Service Provider and actually received by the Service Provider under this Agreement.
13.4. The Service Provider is not liable for indirect damages or loss, including, but not limited to, consequential, incidental, special, or exemplary damages, or any loss of revenue, profits, savings, business opportunities, use, data, goodwill, or any loss due to business interruption for any claim related to or arising out of this Agreement or the relationship between You and Service Provider.
13.5. You waive any right or remedy in equity, including, but not limited to, the right to seek specific injunctive, performance or other equitable relief, in connection with the Platform, Your Account, the Course Content, this Agreement, or the relationship between You and Service Provider.
14. Indemnity
14.1. You agree to indemnify and hold the Service Provider and/or anyone else working with or for the Service Provider harmless from all damages, losses, claims, actions, demands, suits, proceedings, or judgments, including costs, expenses and attorneys’ fees assessed against or otherwise incurred by the Service Provider arising, in whole or in part, from:
(a) actions and/or omissions, whether done negligently or otherwise, by You or Your Account, Your agents, directors, officers, employees, and/or representatives;
(b) use of the Course Content, the Platform or Your Account by You;
(c) violation of any laws, regulations, rules, or ordinances by You or Your Account;
(d) violation of any provisions of this Agreement by You or Your Account or anyone related to You; and/or
(e) infringement by You or Your Account of any intellectual property rights or other third-party rights.
14.2. The Service Provider will notify You as soon as reasonably possible of any such claims, damage, and/or liability. The Service Provider reserves the right to defend such claim, damage, and/or liability at Your expense. If requested, You will fully cooperate and provide assistance to the Service Provider to defend any such claims without any cost.
15. Non-disparagement and prohibited use
15.1. You agree not to disparage the Service Provider’s brand, products, services or persons working for or employed by the Service Provider.
15.2. You agree that You will not make any unsubstantiated claims that will negatively impact or ruin the business reputation of the Service Provider.
15.3. You shall not use the Course Content or any information or materials in relation to the Course Content, the Service Provider, and/or this Agreement in any way that:
(a) is illegal, infringes or violates the rights of anyone;
(b) is offensive, obscene, defamatory, abusive, profane, hateful, vulgar, obscene, libellous, pornographic, political, threatening, derogatory, upsetting, insulting, misleading, discriminatory, sexist, racist or harmful to anyone in any way;
(c) disparages or discredits a Party;
(d) encourages or advocates conduct that constitutes a criminal offence, giving rise to (civil) liability or otherwise violates any law;
(e) is likely to cause confusion among third parties;
(f) portrays or insinuates any endorsement or sponsorship of a Party or its products or services by the other Party or in any other way portrays or insinuates that a Party supplies or approves of the other Party or its products or services; or
(g) portrays or insinuates any special relationship between the Parties.
15.4. You shall not misrepresent or embellish Your relationship with the Service Provider (including, but not limited to, by expressing or implying that the Service Provider supports, sponsors, or endorses You) or express or imply any other type of relationship between the Parties except as expressly permitted by this Agreement or agreed by written agreement or email between the Parties.
16. Confidentiality
16.1. You shall use Confidential Information solely for the purposes described in this Agreement and shall not copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information for other purposes without the prior consent of the Service Provider given by email.
16.2. You acknowledge that the Confidential Information of the Service Provider, its affiliates, and third parties is strategic, commercially sensitive, and valuable and that the improper disclosure or use thereof will cause serious damage and loss to the Service Provider.
16.3. You shall have no obligation with respect to Confidential Information to the extent, but only to the extent, that such information is required or requested to be disclosed by applicable laws, provided that You, to the extent practicable and permitted, promptly notify the Service Provider of such request or requirement.
16.4. For the purposes of this clause 16, disclosures relating to Confidential Information that are specific shall not be deemed to be within the foregoing exceptions merely because they are embraced by more general disclosures in the public domain, in Your possession, or received from a third party. In addition, any combination of features shall not be deemed to be within the exceptions merely because the individual features are in the public domain, in Your possession, or received from a third party unless the combination itself and its principle of operation are in the public domain, in Your possession or received from a third party.
16.5. You shall notify the Service Provider as soon as reasonably practicable of any unauthorized use, or attempted use, of the Service Provider’s Confidential Information, and provide all information necessary to assist the Service Provider in any investigation it considers necessary, including for the purposes of mitigating damages, any claim, or the prevention of a recurrence. Additionally, You undertake Your best efforts to prevent a recurrence to the extent this is within Your control.
17. Personal data
The Service Provider only uses Your personal data for the purposes set out in this Agreement or in the Privacy Policy. For more information on how Your personal data is used and stored by the Service Provider, please refer to the Service Provider’s Privacy Policy which You can find here: https://robinsonimmigration.com/privacy-policy/
18. Communication
18.1. Any notice, request, consent, invoice, claim, demand, or other communication between the Parties in connection with the Course Content, the Platform or this Agreement must be sent by email in English to the following email addresses set out for each of the Parties below:
(a) to the Service Provider: contact@robinsonimmigration.com
(b) to You: the email address provided by You in the Registration Form,
or such other email address as a Party may notify the other Party by email.
18.2. Unless another means of communication is explicitly provided for in this Agreement, You shall not use any other means of communication, such as text messages, direct messages on social media platforms, (registered) postal mail, or phone calls, to communicate with the Service Provider unless the Service Provider has explicitly agreed to such other means of communication.
18.3. The Service Provider shall endeavor to respond to emails within 48 hours on Business Days, which is a target and not a guaranteed service level. The Service Provider shall not be liable for failure to respond to emails within the aforementioned timeframe or the consequences arising therefrom, and any such failure shall not constitute a breach of this Agreement.
19. Electronic signature
This Agreement constitutes a contract between You and the Service Provider with the full force and effect of a handwritten signature. The Parties enter into this Agreement by submission of the Registration Form by You by way of clicking on the button to submit the Registration Form.
20. Entire agreement
This Agreement constitutes the entire agreement between the Parties relating to the Course Content and supersede any earlier agreements between the Parties with respect to the subject made hereof, whether in writing (which includes email) or oral. You represent and warrant that you have read this entire Agreement and agree to be bound by all its terms and conditions.
21. Amendments & modications
This Agreement may be changed, modified, or amended by the Service Provider at any time and at the Service Provider’s sole discretion by sending notice of such modification to You by email, effective as of the date of the email. Your continued use of the Platform and/or the Course Content following the effective date of such change will constitute Your acceptance of such changes, modifications, and/or amendments. If any such changes, modifications, and/or amendments are unacceptable to You, Your only recourse is to terminate this Agreement in accordance with this Agreement.
22. Assignment
You may not assign or transfer the Course Content or any of Your rights or obligations under this Agreement unless agreed between the Parties by written agreement or email. Any attempted assignment without Service Provider’s prior written consent shall be null and void.
23. Enforceability
The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement. Any such invalid or unenforceable provision shall be replaced or be deemed to be replaced with a provision that is valid and enforceable and reflects as closely as possible the intent of the invalid or unenforceable provision.
24. No waiver
No failure or delay by the Service Provider in exercising any right or remedy under or in connection with this Agreement shall impair any right or remedy or operate or be construed as a waiver of any right or remedy. No modification or waiver of this Agreement on the part of Service Provider shall be effective unless it is in writing signed by the Service Provider.
25. Dispute resolution & arbitration
The parties agree to submit any dispute relating to, arising out of, or resulting from this Agreement or the relationship between the parties, including as to arbitrability, to binding arbitration conducted pursuant to the then-current Commercial Rules of the American Arbitration Association. THE PARTIES HEREBY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE RELATING TO, ARISING OUT OF, OR RESULTING FROM THIS AGREEMENT OR THE RELATIONSHIP BETWEEN THE PARTIES. Any such arbitration or other proceeding shall be on an individual basis, and You agree not to bring any claims against Service Provider on a class or multi-party basis, and the parties agree that any arbitrator appointed pursuant to this Agreement shall not be permitted to allow any class claims or for more than one user of this Course to be a party to any action. All facts, documents, testimony, rulings, decisions, awards, and other affairs relating to, arising out of, or resulting from any arbitration conducted pursuant to this Agreement shall be secret and confidential in all respects, and the parties agree not to disclose any such information except as strictly necessary to petition to confirm or vacate an award issued in such an arbitration. No party shall have the right to initiate an arbitration proceeding pursuant to this Agreement unless the party initiating the arbitration has provided the other party with written notice setting forth the nature of the dispute at least thirty days prior to initiating the arbitration. Any claim or cause of action not set forth in such written notice is barred, and the party waives any right to seek relief on any such claim or cause of action. Any claim or cause of action relating to, arising out of, or resulting from this Agreement or the relationship between the parties must be brought within 120 days of the date it arises. This Agreement shall be governed by laws of the State of Delaware, without regard to conflict of law principles. The sole and exclusive venue for any proceedings hereunder shall be in Davidson County, Tennessee, and the parties consent to the jurisdiction of the state and federal courts in Davidson County, Tennessee for (although such consent shall not affect the parties’ obligation to arbitrate pursuant to this provision). If Service Provider is the prevailing party in any dispute relating to, arising out of, or resulting from this Agreement or the relationship between the parties, Service Provider shall be entitled to recover its costs, attorneys’ fees, and arbitrator fees.