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Course Terms & Conditions

THERE IS A MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION IN THESE TERMS.  PLEASE REVIEW CAREFULLY.

The following terms (“Terms of Use”) constitute an agreement between LuAnn Nigara Inc. (the “Company”) and the purchaser (“You”) of a course or courses (the “Course” or “Courses”) offered by LuAnn University found at www.LuAnnNigara.com (the “Website”) that governs Your participation in the Course. You agree to abide by the Terms of Use as a condition of Your participation in the Course.

Your purchase of the Course constitutes Your acceptance of, and agreement to the following Terms of Use. Company reserves the right to modify, alter, amend or update its Course, policies and these Terms of Use. These Terms of Use are subject to change without notice. If You do not agree with or do not accept any part of these Terms of Use, You should not purchase the Course. Additionally, this Course is hosted on the Zoom platform and are subject to Zoom’s  Terms of Service and Privacy Policy.

Privacy Policy

Company respects Your privacy and is committed to protecting it. Your access and use of the Courses are subject to the Course’s privacy policy as well. 

Disclaimer

You understand that a professional or consulting relationship does not exist between You and Company outside of the purchase of this Course.  Company has made every effort to ensure that all materials within the Course have been tested for accuracy. There is no guarantee that You will see positive results to Your business using the techniques and materials provided by Company. Company assumes no management responsibility for Your decisions or for policies or practices that You implement.

Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. Company makes no guarantees regarding results, present or future. Company is not responsible for Your earnings, income, sales, or any other business performance as a result of this Agreement. 

Your Responsibility

The Course was developed strictly for educational purposes. You understand and agree that You are fully responsible for Your participation, progress, and results from the Course. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. You understand that Company is not responsible for Your results or any expenses that You may incur as a result of Your purchase. Company assumes no responsibility for errors or omissions that may appear in the Course. 

Purchase Policies

You may purchase Courses on the Website. To purchase a Course, You will be required to select a payment plan and provide Company’s third-party payment provider with information regarding Your credit card or other payment instrument. You represent and warrant to Company that such information is true and that You are authorized to use the payment instrument. You will promptly update Your User Account information with any changes (for example, a change in Your billing address or credit card expiration date) that may occur. You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Use. You hereby authorize Company to bill Your payment instrument in advance in accordance with the terms of the applicable payment plan until You complete full payment and You further agree to pay any charges so incurred. If You dispute any charges You must let Company know within sixty (60) days after the date that Company charges You. 

Each Course is provided via online streaming at Website.  Participants may join the private Facebook group associated with the Course (the “Group”).  The Group shall consist of past and current Course participants.   You will be able to watch Course sessions on demand after the initial live stream however the Course may not be downloaded. 

Registration and Restricted Access

Access to the Course is restricted to Course participants.  When You register, You will create a user profile, which may include a username and password. You agree to keep Your username and password confidential.  You may not share Your username and password with anyone, for any reason, without express written consent by Company.  If You suspect Your password has been compromised, You must notify Company immediately at info@luannnigara.com. Company will not be liable for any loss caused by the unauthorized use of Your account; however, You may be liable to Company or other third parties for any losses incurred due to such unauthorized use.

Company may disable Your username and password and access to the Course at its sole discretion. 

Company reserves the right to modify methods for registration and access levels of registered users from time to time.

Refund Policy 

The Company will always consider refund requests. This will be conducted on a case by case basis, in the Company’s sole discretion.  If you would like to seek a refund, you must do so, by email, within 10 days of Course Completion. Please email: info@luannnigara.com (within ten (10) days of the Course completion.)  Upon receipt of the email, Company shall arrange for you to speak with LuAnn, who will be happy to discuss your reason for requesting a refund and determine next steps. 

License for Use of Courses

The Courses were developed solely for Your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission.  

FACEBOOK GROUP ACCESS

Your request to join and participate in the Group constitutes your acceptance of, and agreement to these Terms of Use. We reserve the right to modify, alter, amend or update the Terms of Use. The Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of the Terms, you must not be a member of the Group.  This Group is for members over 18 years of age.  Please do not join if you are not over 18 or cannot accept the Terms of Use.

You are, and shall remain, solely responsible for the any content you upload, submit, post, transmit, communicate, share or exchange by means of the Group and for the consequences of submitting or posting same. COMPANY DISCLAIMS ANY PERCEIVED, IMPLIED OR ACTUAL DUTY TO MONITOR THE GROUP AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS OF THE GROUP. YOU ACKNOWLEDGE AND UNDERSTAND THAT COMPANY HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS MEMBERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS MEMBERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER GROUP MEMBERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER GROUP MEMBER IN PERSON. COMPANY DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS MEMBERS. IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY MEMBER’S CONDUCT IN THE GROUP, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN GROUP MEMBERS.

Company reserves the right, in Company’s sole discretion, to remove any post, comment, message or member, for any reason.

The following posts, comments or messages are expressly prohibited and will be immediately deleted and the member responsible for the post, comment or message is subject to immediate removal from the Group:

  • Live video within the Group without Company’s approval
  • Links that self-promote your own blogs, businesses, videos, etc. without Company’s permission
  • Ads for items for sale or links to fundraisers without Company’s permission
  • Contacting other Group members to solicit business or for self-gain
  • Hate speech
  • Threatening violence
  • Harassing or heckling another Group member or Company
  • Spam
  • Defamatory speech towards Company, another member or any third party
  • Any reference to illegal acts
  • Anything that violates the legal rights of a third party

Any member violating the Group rules may be immediately and permanently removed from the Group, in Company’s sole discretion.

Any content posted in the Group is the sole responsibility of the person(s) who created it, and Company and its employees, agents, directors, and officers, undertake no obligation or liability related to such content. Company and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful content posted in the Group, nor does it assume responsibility or liability that may arise from any content posted in the Group, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation.

All posts in the Group are confidential and may not be shared by any member outside of the Group.  Company reserves the right to report to the appropriate authority any post, comment, member or message in the Group that Company deems, in its sole discretion, may implicate the safety of either a member of the Group or a third-party.

You acknowledge, however, that the Group may be joined by any Course participant, and so confidentiality cannot be guaranteed.  Please do not post any information that you do not want shared.   

The Group is in no way sponsored, endorsed or administered by, or associated with, Facebook, Inc.

Confidentiality & Privacy

Company respects Your privacy and insists You agree to respect the privacy of Company and all other Course participants (“Participants”). Any confidential information (“Confidential Information”) shared by Course Participants or any Company representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. All Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in the Course, or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants during the Course. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and information related to the business or client information of Company or a Participant and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. You agree not to violate the Company’s publicity or privacy rights. Furthermore, You will NOT reveal any information to a third party obtained in connection with this Agreement. By purchasing this Course, You agree that if You violate or display any likelihood of violating this Agreement the Company and/or the other Participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

Intellectual Property

All original materials provided by Company as part of the Course are owned by Company or instructors hired by the Company. Any original materials are provided for Your individual use only. You are not authorized to use or transfer any of Company’s or Company instructor’s intellectual property or any aspect of the Course. All intellectual property remains the property of Company or of the instructor of the Course. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Company or the Course instructor will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations. 

By accessing and viewing any Course, You agree that You will not create any electronic information product that utilizes the information gained through the Course whether or not that information was available through other means.

Certain of the names, logos, and other materials displayed in the Course constitute Company’s and/or the Company instructor’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Company and Instructor IP”). You are not authorized to use any Company and Instructor IP without Company and/or the instructor’s express consent. Ownership of Company and Instructor IP remains with Company and the instructor and You agree not to make any claims or assertions of any other party’s ownership of Company and Instructor IP.

LuAnn University is a trademark of Company and is protected by United States trademark law. Company’s and instructor’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s or the instructor’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits Company or the instructor.

Use of the Courses

Each Course includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs and graphics. You may view, download, print, email and use materials from a Course for personal, noncommercial purposes only subject to the license below. You may not republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from any Course for commercial purposes. Any reproduction or unauthorized use of any materials found in the Courses shall constitute infringement.

Unless otherwise stated, Company and/or the instructor owns the intellectual property and rights to all content and material in the Courses. Subject to the license below, all intellectual property rights are reserved. 

You may view, download (for caching purposes only), and print pages for Your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use. 

The following uses are not permitted:

  • Republication of content from the Course, unless content is specifically and expressly made available for republication.
  • Sale, rental or sub-license of any content from the Courses.
  • Reproduction or duplication of any content in the Courses for commercial purposes.
  • Modification of any content in the Courses, unless content is specifically and expressly made available for modification. 
  • Redistribution of content in the Courses, unless content is specifically and expressly made available for redistribution. 

From time to time, the Courses will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Company.

You must not use the Courses in a way that causes, or may cause, damage to the Courses or impairs the availability of access to the Courses. You must not decompile, reverse engineer, disassemble or otherwise reduce the Courses, except to the extent that such activity is expressly permitted by applicable law. You must not use the Courses to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Courses without Company’s express written permission. 

You must not use the Courses to transmit or send any unsolicited commercial communications. 

You must not use the Courses for any third-party marketing without Company’s express written permission.

Grant of Rights and Release

You understand and agree that Company may record, otherwise capture, and publish the Course including Your name, image, and video and sound recordings of You (the “Recording”). You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute the Recording and any content You contribute to the Course (the “Student Content”). The Student Content includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.

You understand and agree that, in the event the Agreement is terminated, this license and release survives termination and Company may, in its sole discretion, utilize the Recording and Student Content as set forth herein. This authorization and release shall inure to the benefit of the legal representatives, licensees and assigns of Company and You hereby release Company from, and agree not to sue for, any claim or cause of action, whether known or unknown, for libel, slander, invasion of right of privacy, publicity or personality, or any other claim or cause of action, based upon or relating to the use of the Recording or Student Content, or the exercise of any of the rights referred to herein. 

You acknowledge that, in the event of any breach by Company or any third party, the damage, if any, caused will not be irreparable or otherwise sufficient to entitle You to seek injunctive or other equitable relief.  Your rights and remedies will be strictly limited to the right, if any, to recover damages in an action at law, and You will have neither the right to rescind or terminate this Agreement or any of Company’s rights hereunder, nor the right to enjoin the production, exhibition, or other exploitation of the Recording or Student Content

Content Contributed to the Course

Any content You contribute to the Course, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against You or Company or a third party. 

Company reserves the right to edit or remove: (i) any material submitted to the Course; (ii) stored on Company’s servers; or, (iii) hosted or published on the Course or Website.  Company takes no responsibility and assumes no liability for any content posted by You or any third party.

Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Course.   

COMMENT POLICY

The Course may offer You the option to provide comments either written or verbal.  The following types of comments will not be tolerated and will be deleted: 

  • Harassment directed toward any content creator, participant or Company
  • Spam
  • Hate speech
  • Defamatory to Company or any third party
  • Reference illegal acts
  • Violate the legal rights of a third party
  • Any other action that may impede the use and enjoyment of the Course by other participants

Company’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to You if Your comment was determined to be in violation with this policy.   Company reserves the right, in its sole discretion, to revoke access to the Course in the event you violate this provision.   In this event, no refunds will be due to you.

Communication – Electronic Notice

You consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.

Third Parties

The Course offers resources that may contain links to third-party websites that are not governed or controlled by Company. You represent and warrant that You have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to Your use of a third-party website. 

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Course, You must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked in the Course, You expressly hold Company harmless from any and all liability in any dispute.

No Warranties

The Course is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Company makes no representations or warranties in relation to the Course or the information and materials provided therein. 

Company makes no warranty the Course will meet Your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Course. 

Limitation of Liability

COMPANY WILL NOT BE LIABILE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS WEBSITE OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Indemnity

You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) Your negligence or intentional misconduct, (ii) Your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by You including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, Your obligations hereunder.

Equitable Relief

You acknowledge and agree that in the event of certain breaches of the Terms of Use, Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, You agree that Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

Miscellaneous

The Terms of Use will be governed and construed in accordance with the laws of the State of New Jersey. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Essex County. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by You without Company’s prior written consent, however, the Terms of Use may be assigned by Company in its sole discretion. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Course offered by Company. Company reserves the right to amend, alter, or modify the Terms of Use at any time. All notices with respect to the Terms of Use must be in writing and may be via email to info@luannnigara.com for Company and to Your email address. 

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

What Level is Your Design Business?