Terms of Use

Last updated June 25, 2020

PLEASE READ THIS DOCUMENT CAREFULLY

This document sets out the terms for use of this education platform. It governs our end users (“Members”). When we refer to “You”, we mean our Members (don’t worry, we’ll make it clear who we’re talking to, but when in doubt, we’re talking to you). This education platform is committed to transparency, which includes providing a Terms of Use that is understandable and written in plain language. Because this document represents our agreement with you about your use of our platform, please take the time to read this document.

Our Terms of Use (“Terms” or “Agreement”) also includes our Privacy Policy, and any other documents referred to by those agreements, and they, as a whole, govern any and all of the access to this education platform, whether you are a visitor, guest, Member, etc.

This education platform can be found at https://eyesgrincreative.com, and also includes all of the subdomains, mobile applications, any other media, location, application, etc. owned, managed, operated, etc. by this education platform. When referring to the infrastructure in this Agreement, we will be collectively referring to them as “This Education Platform”.

I. Introduction

This Education Platform is an online content platform designed to publish, and sell courses and services (“Content”) to their Members. This education platform offers a number of additional services and tools (e.g. payment gateways, author and affiliate payouts) and the entire selection of tools and services offered via the Platform will be referred to in this Agreement as “This Education Platform Services”.

By using This Education Platform in any manner you are expressly agreeing to, and give your consent to be governed by, these Terms. If you do not agree with these Terms or you do not wish to be bound by these Terms, you must not use or access This Education Platform’s in any manner. The materials contained in This Education Platform are protected by applicable copyright and trademark law.

This Education Platform is not a content provider, nor an educational institution. Members are not employees of This Education Platform. This Education Platform is not responsible for interactions between Members, with the exception of providing the technological means through which Members can process payments through This Education Platform’s payment gateway(s). This Education Platform is not liable for any disputes, claims, losses, injuries, or damage of any kind that may arise out of the Members relationship, including but not limited to, any Member’s reliance upon any information provided by This Education Platform at any time.

As stated in our Privacy Policy, This Education Platform collects information about the Members enrolled in their Content, including name, email address, IP address, credit card, debit card, social account information(registration or log in through social platform like facebook and google), bank account information(affiliate program) and the Content in which the Member has enrolled. This information is available to This Education Platform upon the purchase or enrollment of a Member in This Education Platform. This Education Platform does not provide, sell, rent, release, disclose, etc. Member data to outsiders (people unrelated to this platform) for monetary or other valuable consideration.

Members assume full responsibility for the disclosure and use of any other personal information the Member chooses to disclose to the Platform.

II. Age of Access

A. You must be at least 18 years old to use This Education Platform, or, if you are between the ages of 13 and 18, you must have your parent or guardian’s permission to use the Platform. By using This Education Platform, you are telling us by your actions that you have obtained that permission (you are ‘representing’ and ‘warranting’ that you have obtained the appropriate permissions to use our Platform). If you are under the age of 13 you may not use our Platform in any manner nor may you register for an account.

III. License to Members

A. This Education Platform grants You a limited, non-exclusive license to access and use This Education Platform for your own personal and commercial purposes. This license is only for Your use and may not be assigned or sublicensed to anyone else, without This Education Platform’s express written consent. Except as expressly permitted by This Education Platform in writing, you will not try to reproduce This Education Platform (legally that’s known as engaging in activity that would reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble This Education Platform). You also agree that in exchange for this license You will not engage in any activity that would interfere with or damage or harm This Education Platform. All rights not expressly granted by This Education Platform are reserved.

Permission is granted to temporarily download one copy of any downloadable materials on This Education Platform for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the This Education Platform; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or ‘mirror’ the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

IV. Code of Conduct

A. We have to set up some ground rules. Honestly, most of what we cover here should go without saying. However, it’s better to be upfront about things, rather than just assume everyone knows how they are expected to conduct themselves on This Education Platform.

No Illegal Activity: This is about as simple as it gets. Do not use This Education Platform for any illegal activity. Period. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)

No Fraud: Yes, this is probably covered in the No Illegal Activity section above, but we want to make this very clear. Fraud will not be tolerated in any capacity

No Bad Code: Do not use the This Education Platform to transmit, distribute, send, etc. viruses, worms, or any other code that may be deemed dangerous, harmful, or destructive in any manner

No Spamming: Seriously. No one likes spam. We don’t like spam. We’re pretty sure that you don’t like your inbox cluttered with spam. You may not use the This Education Platform to engage in any activities that will result in sending spam to anyone on the This Education Platform, including This Education Platform (and its employees) and Members

Be Civil: We mean this. We’re an open platform allowing myriad subject matters to be taught. Not all Content is for everyone. But the one thing we can all agree on is that when we use This Education Platform we are going to be civil and respectful at all times

No Exploitation: You will not use This Education Platform to try to gather personal information on anyone, outside of the limited permissible uses for offering your Content

No Impersonation of This Education Platform or its Employees: Imitation is the sincerest form of flattery, but not when it comes to representing that You are a part of This Education Platform. You will not impersonate This Education Platform or any of its employees

No Data Mining or Bots: You may not use any data mining, robots, or similar data gathering or extraction methods; and

No Use Other Than Intended: You may not use This Education Platform or any content contained on This Education Platform for any purposes other than intended

.

B. If You violate this Code of Conduct we reserve the right to remove You and any of Your Content from This Education Platform. Whether conduct violates our Code of Conduct will be determined in This Education Platform’s sole discretion.

V. Course and Services Content

A. For Revisions and Errata, the materials appearing on This Education Platform may include technical, typographical, or photographic errors. This Education Platform does not warrant that any of the materials on it are accurate, complete, or current. This Education Platform may make changes to the materials contained on it at any time without notice. This Education Platform does not, however, make any commitment to update the materials. For Links, This Education Platform has not reviewed all of the sites linked to it and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by This Education Platform. Use of any such linked website is at the user’s own risk. While Members can upload images or post content to ask question, we should also discuss what content is prohibited on This Education Platform.

For a number of reasons, there are certain subject matter types that we simply will not allow to be published in Your Content on This Education Platform.

This Education Platform reserves the right to remove You and Your Content should Your Content contain material (determined, in our sole discretion) that is libelous, slanderous, pornographic, obscene, unlawful, threatening, defamatory, or otherwise objectionable or violates any party’s intellectual property or any other part of this Agreement

VI. Services

A. This Education Platform may sell offerings (“Services”) to Members in addition to the courses that sells on the Platform (together Services and courses are referred to as Content). All Services shall be covered by this Agreement and are included in the definition of Content. Should the Services involve any third party content, You agree that This Education Platform is not responsible in any way for such content, and makes no representations or guarantees as to its merchantability or fitness of use. Learning support is a Service offered to a Member via purchasing a monthly subscription plan, it gives the Member access to our Learning Support Ticket System.

Support and access to our Learning Support Ticket System are provided for a term of 1 month from the time of purchase. After 1 month a subscription, renewal of the Service will be automatic billed each month without any notification until the Member cancel the Service through the Member account prior to the start of the billing period or manually request to unsubscribe the Service through the Learning Support Ticket System. The Member need to unsubscribe 4 days before the new billing cycle starts for This Education Platform to manually cancel the subscription.

Using our Learning Support Ticket System does not guaranteed you to get reply from us in any time that you feel favorable. We do not guarantee that our learning support will be able to resolve every issue and in every situation. We also take no liability for actions taken by Members or our support team that result in learning experience, data loss or any other problems while in the process of troubleshooting, testing or otherwise.

We also reserve the right to not provide support to angry or unprofessional Members and customers as we see fit. We also don’t guarantee any response from support requests that we receive via email (outside of our support ticket system), phone or our public contact form.

This Education Platform may on occasion send you email notifications related to the Member’s Services. These transactional emails may include notification of Content changes, changes to our terms and conditions, and other transactional emails related to your purchase of through This Education Platform.

We are not responsible for any computer’s or web browser’s compatibility conflicts that may occur. It is our policy to support our Services as best we can and we will provide support for technical issues at our discretion or as time allows. We are not responsible for any data loss, website downtime or any other problems that may occur during the use of This Education Platform.

VII. Intellectual Property

In operating our Platform, it’s important for us to make it clear who owns what.

A. This Education Platform Content: Content on This Education Platform, including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, other data or copyrightable materials or content, and their selection and arrangement, is referred to herein as ” This Education Platform Content”, and is and remains the sole property of This Education Platform. This This Education Platform Content, including our trademarks, may not be modified by You in any way.

B. Your Content: Content that You upload to the Platform is and remains Your content. This education platform does not claim any intellectual property rights over the materials You upload to This Education Platform by virtue of Your use of our services. By uploading your content to This Education Platform, You agree that:

This Education Platform may review Your content for any reason, including compliance with our Code of Conduct and prohibited content requirements, but This Education Platform has no obligation to review anything that You upload

You are uploading Your content to This Education Platform at Your direction and that This Education Platform does not in anyway certify or provide approval or permission prior to You uploading Your content

This Education Platform may display content to other users (e.g. Members) via This Education Platform

You agree that by uploading Your content to This Education Platform, You are allowing Us to store Your Content

You agree to provide This Education Platform with all necessary licenses, including a worldwide, non-exclusive, royaly-free, sublicensable and transferable license to use (e.g, to display or transmit) Your Content in furtherance of This Education Platform Services (In other words, because You own Your Content, You have to give Us permission to display it, or to use it for internal operational purposes, like storing it on Our servers)

You are responsible for and own, or have the rights to use, all of Your Content

C. Content Free of Infringement of Any Third Party Rights

You agree that Your Content does not infringe upon anyone else’s intellectual property rights and that you have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the content.

  1. In plain language, this means that if you’re using someone else’s work (including videos, text, charts, powerpoints,
  2. etc.) in your Content, you’ve gotten the content owner’s permission to use it. You wouldn’t want anyone selling any of Your Content without Your permission. If You are going to use something that You didn’t create, make sure You can demonstrate that You have the right to use it before You make it a part of Your Content

VIII. This Education Platform’s General Rights In Operating Its Platform

A. This Education Platform reserves the following rights over the entire Platform:

This Education Platform may modify, terminate, or refuse to provide This Education Platform Services at any time for any reason, without notice

This Education Platform may remove anyone from This Education Platform at any time for any reason, solely in This Education Platform’s discretion. This right is not modified by any other section of this Agreement

This Education Platform may, but has no obligation to, monitor any content that appears on This Education Platform or review any conduct occurring through the Platform, including any interactions between Members and This education platform employees

This education platform reserves the right to modify, suspend, or alter its refund policy, at its sole discretion

If You close Your account by request, This Education Platform may keep a copy of Your content after termination. You grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for compliance with any relevant laws and regulations and for our internal business purposes, subject to applicable law

This Education Platform reserves the right to remove You and Your Content without warning if You violate any of the provisions of this Agreement

This Education Platform has, in its sole discretion, an absolute right to modify, change, alter, suspend, or terminate any provision of this Agreement without warning at any time

IX. DMCA

A. This Education Platform takes a firm stance against anyone who is infringing upon anyone else’s intellectual property. This Platform is all about transforming knowledge into Content. We draw a hard line when the This Education Platform is used to exploit someone else’s intellectual property.

B. Under the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), This Education Platform has set out the following policy:

If This Education Platform has a good faith belief that any content appearing on its Platform violates any copyrights or has been illegally copyrighted, This Education Platform reserves the right to remove, block, or otherwise ‘take down’ the content. This Education Platform also reserves the right to remove from the Platform any Members, or other parties, who are repeat offenders of This Education Platform DMCA policy

Reporting of Copyright Infringement Under DMCA

a) If you believe that content appearing on the This Education Platform violates your intellectual property, you should send a mail or email notice to This Education Platform at the following address:

Sino Bridge Business Consulting Limited

Attention: Michael Ng (Business Consultant)

8th floor, The Broadway, 54-62 Lockhart Road, Wan Chai, Hong Kong

Email: [email protected]

b) Contents of Notice

If you send This Education Platform a notice regarding any claimed infringements, your notice must contain the following information:

(1) A physical or electronic signature from the owner or a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed

(2) Identification of the copyrighted work claimed to have been infringed

(3) Identification of the material/works/content that is claimed to be infringing that you want to see removed. This identification should include a location (URL) and other details sufficient to allow This Education Platform to find and review this material on This Education Platform.

(4) Your contact information, including your address, telephone number, and email address, so that we may be able to contact you

(5) A statement by you that you have a good faith belief that the use of the material/works/content are not authorized by the copyright owner, its agent, or the

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

c) Counter Notification

If any content is removed due to the receipt of a DMCA notice, This Education Platform may send what is known as a Counter Notice if we believe that our content was wrongly removed. Our Counter Notice may contain:

(1) A physical or electronic signature

(2) Identification of what was removed and the location where the material appeared before it was removed

(3) A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification

(4) Our business consultant’s name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district of New York and that you will accept service of process from the person who provided notification

d) Please note that a copy of any notices received will be sent to the party who posted the content you report as infringing

e) Accidental Infringements:

(1) This Education Platform doesn’t like to use someone else’s intellectual property without permission. If This Education Platform used someone else’s intellectual property accidentally and the complaints are valid, This Education Platform may simply remove that Content from This Education Platform without further warning.

X. Trademark Violations

A. Trademark Infringement

The DMCA (again, the Digital Millennium Copyright Act), only covers copyrights. For claims of trademark infringement, This Education Platform requests that any notices sent to This Education Platform’s Business Consultant contain:

a) Information describing your trademark or service mark

b) The registration number, if applicable

c) Basis for your trademark claim

d) Jurisdiction in which you claim trademark rights, and

e) Class of goods or services and accompanying description for which you assert trademark rights

B. Please note that a copy of any notices received will be sent to the party who posted the content you report as infringing.

XI. Third Party Communications

A. By using This Education Platform, You may receive communications from third parties (e.g. a Member may communicate with another Member). This Education Platform is not responsible for these communications and shall not have any liability in connection with them. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any such third-party communications. This Education Platform assumes no responsibility for verifying, and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any such third-party communications.

XII. Third Party Offerings

A. Through the This Education Platform, You will have the ability to access content, links to websites, and services provided by Members, and other third parties (“Third Party Offerings”). Your use of any Third Party Offerings provided on This Education Platform or a third party website is at your own risk. This Education Platform does not monitor or have any control over, and makes no claim or representation regarding Third Party Offerings and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third Party Offerings. You should review applicable terms and policies, including privacy and data gathering practices, of any third party, and should make whatever investigation You feel necessary or appropriate before proceeding with any transaction with any third party.

XIII. Payments

A. Gateway Options: This Education Platform operates one type of payment option for Members who use our Platform: Stripe Payment Gateways. And This Education Platform operates one type of payout option for Members who use our Platform’s affiliate program: AffiliateWP Payouts Service (Sandhills Development, LLC)

B. Stripe Payment Gateways

For the avoidance of doubt, the term Stripe Payment Gateways is a reference to both This Education Platform Payments and the Monthly Payments Gateway

This Education Platform Payments: Stripe Payment Gateways allows Members to process credit or debit card transactions and facilitates faster payout processes. This Education Platform Payments is available to some Members, based on location. For a list of eligible locations, please see the Stripe official website.

a) Members have the option to set up This Education Platform Payments from the website. By setting up This Education Platform Payments, You agree to the terms that appear in this Agreement on This Education Platform and the Stripe Payment Gateways. After the automatic billing profile is created, the Stripe Payment Gateways will charge you within 24 hours (although typically it happens almost immediately). If your initial payment is successful, you will receive an email receipt for the transaction. You would then be able to access the Content of your purchase. If you no longer want to subscribe to the learning support services by This Education Platform, you can log in and inform us at the learning support page to cancel the subscription. As the subscription cancellation must be done manually, you have to inform This Education Platform four days before the next automatic billing cycle starts. Subscription fee regarding the learning support service will not be refunded once the transaction is completed.

b) Third Party Agreement: In setting up This Education Platform Payments, You may be instructed to agree to terms of service offered by Stripe. Stripe is an independent party from This Education Platform and This Education Platform is not responsible for the contents of their terms of service. Should Stripe’s terms of service differ from This Education Platform’s terms, such differences shall not modify this Agreement in any manner

c) By using This Education Platform Payments You agree that This Education Platform may place a portion of your referrals sales of your affiliate program in reserve for a period of time to cover losses, chargebacks, refunds, etc. The current reserve period and amount are located on our affiliate area page regarding This Education Platform Payments. The amount of reserves and the length of time in which they are held are subject to change at This Education Platform’s sole discretion. Should the reserve period or the amount withheld change, This Education Platform will make reasonable efforts to update the affiliate area page to communicate these changes

d) Fees for This Education Platform Payments may be found on the This Education Platform affiliate area page. All This Education Platform Payment gateway fees will be deducted before the payouts for the referrals from the affiliate program are sent to the Members. The fees associated with This Education Platform Payments are subject to change, in This Education Platform’s sole discretion. By using This Education Platform Payments, You agree to the fees as set by This Education Platform

3. AffiliateWP Payouts Service (Sandhills Development, LLC)

a) This Education Platform Members may also have an opportunity to utilize the AffiliateWP Payouts Service (Sandhills Development, LLC) to earn money through the affiliate program at the Member’s affiliate page. AffiliateWP Payouts Service is offered through Sandhills Development, LLC and the availability of AffiliateWP Payouts Service is subject to any limitations by Sandhills Development, LLC. This Education Platform Payments Members will only be able to utilize AffiliateWP Payouts Service for transactions directly to their bank account and must provide the bank account information to AffiliateWP Payouts Service (Sandhills Development, LLC) in order to do so.

b) Third Party Agreement: In setting up AffiliateWP Payouts Service (Sandhills Development, LLC), You may need to agree to terms of service offered by AffiliateWP Payouts Service from Sandhills Development, LLC. Sandhills Development, LLC is an independent party from This Education Platform and This Education Platform is not responsible for the contents of their terms of service. Should their terms of service differ from This Education Platform’s terms, such differences shall not modify this Agreement in any manner

c) Funds paid out to Members via AffiliateWP Payouts Service (Sandhills Development, LLC) are paid at least after 7 days in which a sale by their referral was made from their affiliate program. This hold period is to account for any potential losses, chargebacks, refunds, etc. For the avoidance of doubt, this hold may result in funds being paid out more than thirty (30) days after the sale to a new Member. The current hold period can be located on our Member’s affiliate page regarding AffiliateWP Payouts Service. The length of time in which AffiliateWP Payouts Service are held before payout is subject to change at This Education Platform’s sole discretion. Should the hold period change, This Education Platform will make reasonable efforts to communicate these changes via the Member’s affiliate page

C. Chargebacks

a) Members should contact us first regarding requests for refunds or to inquire about unrecognized charges before issuing a chargeback request with their bank. We reserve our right to dispute chargebacks if the charge is not fraudulent and no communication from the Member is evident. Members may be charged a fee for any chargeback on credit card, debit card transaction that is processed through the This Education Platform Payments Gateway. Current fees may be found on the official website of Stripe and AffiliateWP. Fees are subject to change

D. Taxes

a) EU Value Added Tax (EU VAT)

(1) Stripe Payment Gateways

(a) For Content sold through the Stripe Payment Gateways, This Education Platform is the supplier of the Content and acts as the principal in that transaction. This Education Platform is taking part in the supply of the Content and Members shall allow Stripe collect and remit EU VAT

(b) Stripe Payment Gateways will be responsible for processing the payment for the Content purchased, This Education Platform is responsible for collecting payment

(c) This Education Platform sets the general conditions for all Content sold over Stripe Payment Gateways, including adherence to This Education Platform’s refund policy

(d) This Education Platform determines the delivery of the Content to Members, utilizing the payments processed through Stripe Payment Gateways as a predicate event to delivering the Content to the Member

(e) Invoices issued to Members shall clearly display This Education Platform as the supplier of the Content

(f) Invoices issued to Members shall identify the Content purchased by the Member

(g) This Education Platform is responsible for authorizing the charges made to Members for Content purchased through the Stripe Payment Gateways

(h) Any EU VAT filings made by Stripe Payment Gateways shall be the sole responsibility of Stripe. Stripe will handle all EU VAT which may be levied on the charges made to Members for purchasing Content. This Education Platform should not have to submit EU VAT tax returns themselves for the sales made through Stripe Payments Gateways. Members will indemnify, defend, and hold This Education Platform harmless from and against any tax, penalty and interest arising from the Member’s personal tax position

b) Otherwise Responsible

1) Unless explicitly mentioned in this Agreement, Members are otherwise responsible for the payment of any and all applicable taxes that become due from their use of the Platform

XIV. Price Changes

This Education Platform reserves the right, at any time, to modify or discontinue, temporarily or permanently, a Member with or without notice. Prices of all Services are subject to change. Notice of price changes will be made on the site.

XV. Account Ownership Disputes

A. In the unlikely event that there is a dispute over the ownership of an account, This Education Platform has the right to request additional information from You to determine ownership and settle the dispute. The information that We may request to assist in resolving ownership disputes includes, but is not limited to, the following:

(1) a copy of Your photo ID;

(2) Your business documents, including a Charter, Certificate of Incorporation, LLC Agreement, business license, or other documentation showing ownership of Your entity;

(3) Your billing information and details;

(4) Certified copies of your tax forms; and

(5) Other documentation as we deem necessary to settle the dispute

B. Should a dispute arise, This education platform reserves the right determine the account ownership in its sole judgment, and the ability to transfer the account to the rightful owner, unless otherwise prohibited by law

XVI. Fees

A. Pricing for the This Education Platform is described on our website (https://eyesgrincreative.com/)

B. Depending on the processing method, This Education Platform may charge transaction fees. You agree to pay all fees and charges that are made to Your account and that You are solely responsible for payment of these fees and charges

C. Paid plans are automatically charged at the beginning of each billing period. Unless You submit a cancellation request to us in writing via email ([email protected]) or directly through Your account prior to the start of the billing period, Your plan will be charged upon the day of the month of its billing period. You agree that This Education Platform may charge any recurring service to the credit card or debit card that you provide

D. Should You not authorize payment or are otherwise not current on Your payments for This Education Platform Services, This Education Platform may restrict Your Platform access until Your account becomes current and paid in full

E. This Education Platform reserves the right to pursue fees owed using collection methods which may include charging other payment methods on file with This Education Platform and/or retaining collection agencies or legal counsel

F. This Education Platform reserves the right to offer custom plans and pricing in addition to what is offered on the pricing page. Custom plans may also include custom billing and payment terms, including billing periods and renewals, that are different from our standard terms

G. Terms for Two Person Course Discount Membership
If the Member purchases this Membership, the Member will have to provide the email of another Member which would also like to join this Membership in 7 days. Both of them will have to purchase and refer to each other’s email address in order to complete the purchase of this Membership. The course content is immediately accessible after the purchase and the 7 (seven) days refund period will also start. As stated in the refund policy, the Member can ask for a refund with a stated reason in 7 (seven) days by contacting Us by writing via email ([email protected])  For refund policy details, please refer to the refund policy in this Terms of Use.

If the Member provides an email address that does not refer to any Member within 7 days, or the other Member failed to purchase this Membership within 7 days, the Membership of the Member will be paused after 7 days. Pausing the Membership will cause the Member to temporarily unable to access any course content. The Member at this moment has two options. The first option is to choose to find another Member to join this Membership and refer to the Member’s email within an extended period of 23 days. If there are no other Member referring to the Member’s email within these 23 days, We will contact the member to pay the remaining amount of a single user membership in order to continue his Membership and have access to the course content again. The second option is to directly choose to pay the remaining amount of a single user Membership to access the course content again. By choosing either one of the options, this Membership will then be treated the same as a single user Membership.

XVII. Refund Policy

We want You to be happy with This Education Platform. If You’re not feeling excited about joining This Education Platform community, we have some options for You regarding Your plan.

A. Members

Monthly Payment Plans

a) Members on monthly paid plans are entitled to a full refund within seven (7) days of first signing up for a paid plan (excluding the learning support service which is non-refundable). Simply let us know in writing and why You’re canceling the plan within seven (7) days of Your sign-up

Abuse of the Refund Policy

a) This Education Platform reserves the right to refuse refunds to Members who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple payments or requesting refunds in consecutive months. No refunds will be granted after 7 days from the first purchase date of each Service. If you have previously received a refund and purchase again at a later time, the new purchase will not qualify for the 7 day refund period. Please note that by purchasing any Service on our website, you agree to the terms of the Refund Policy.

It is the Member’s responsibility to understand the refund policy for Content prior to purchasing such Content from a This Education Platform

This Education Platform reserves the right to refuse refunds to Members who abuse this Refund Policy. Examples of abuse include, but are not limited to, requesting refunds for multiple schools or requesting refunds in consecutive months

This Education Platform reserves the right to provide a refund to any Member at any time in This Education Platform’s sole discretion

C. Sole Discretion

Any requests for a refund by a Member, will be ultimately determined in This Education Platform’s sole discretion

XVIII. Cancellation and Deletion

A. Cancellation

If You cancel a paid plan, the cancellation will become effective at the end of the then-current billing cycle. When You cancel a paid plan, Your account will revert to a free account and This Education Platform may disable access to features available only to paid plan users (including learning support service on the learning support page)

B. Deletion

You may delete Your account by request

Any account on the free plan may be deleted if it remains inactive (e.g., the user fails to log in) for a continuous period of at least six (6) months. Activity will be determined by This Education Platform in its sole discretion

Accounts on paid plans will be considered active accounts unless You explicitly ask us to delete Your account.

If Your account is deleted (regardless of the reason), Your Content may no longer be available. This Education Platform is not responsible for the loss of such content upon deletion

Upon deletion of Your account (regardless of the reason), all licenses granted by This Education Platform will terminate

C. Effect of Cancelation/Deletion

Should a Member account be canceled or deleted, the Member may no longer have access to This Education Platform Content and Content may be irrecoverable. This Education Platform shall not be liable to any party in any way for the inability to access Content arising from any cancelation or deletion, including any claims of interference with business or contractual relations

XIX. Errors and Corrections

This Education Platform does not guarantee that any services offered through the Platform will be error-free or otherwise reliable, nor does This Education Platform guarantee that defects will be corrected or that any offerings through the Platform will always be accessible. This Education Platform may make improvements and/or changes to the Platform and their features and functionality at any time, and will use commercially reasonable efforts to avoid disrupting peak hours, though some downtime may occur.

We reserve the right to amend the Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Platform Members.

XX. Limitations of Liability

In running the Platform, we require that You understand and agree that This Education Platform is not liable for a number of things, including Your breach of this Agreement and losses that may result from Your use of the Platform. We also require that You understand and agree that the Platform is offered As Is and may not always be 100% perfect or reliable and that This Education Platform doesn’t warrant or guarantee that it will always be free of errors or defects. Any claims for damages against This Education Platform will be limited to a portion of the fees You have paid us.

Our limitations of liability are as follows:

A. You agree that This Education Platform, including its employees, officers, directors, and agents, shall not be liable for any kind of loss, injury, claim, or damages resulting from Your use of the This Education Platform

B. You agree that This Education Platform shall not be liable for any injuries, losses, claims, or damages that result from Your use or engagement with third party content, downloads, or communications

C. This Education Platform is not liable for any losses or damage caused by any viruses, distributed denial of service attacks, and any and all other malicious computer code. Malicious computer code means computer code or other mechanisms of any kind designed to disrupt, disable or harm in any manner the operation of any software or hardware or other business processes or to misuse, gain unauthorized access to or misappropriate any business or personal information, including worms, bombs, backdoors, clocks, timers, or other disabling device code, or designs or routines that cause software or information to be erased, inoperable, or otherwise incapable of being used, either automatically or with passage of time or upon command

D. This Education Platform does not guarantee that any files available for downloading from the Platform will be completely free from viruses or other harmful computer code

E. This Education Platform is provided to You on an “As Is, As Available” basis. As such, You agree to have an external method of recovering any lost data that may be uploaded to the This Education Platform

F. This Education Platform disclaims any warranties to the Platform and the content contained therein, including warranties for merchantability, fitness for a particular purpose, non-infringement, or title. The materials on This Education Platform are provided ‘as is’. This Education Platform makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, This Education Platform does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

G. This Education Platform shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, resulting from the use of or inability to use the Platform

H. You agree that This Education Platform shall not be liable for any losses, injuries, claims, or damages from Your violation or breach of this Agreement. You agree to indemnify, defend, and hold harmless This Education Platform, its present and future officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Platform from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by You or arising from or related to Your use or misuse of the Platform (including, without limitation, use in contravention of this Agreement, other This Education Platform policies, and copyright and other intellectual property law)

I. You are solely responsible for ensuring that Your use of the Platform complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against You, including, but not limited to, all damages related to Your use of the Platform.

J. You may not assign Your rights under this Agreement without This Education Platform’s prior written consent

K. Should This Education Platform’s limitation of liability not be applicable, This Education Platform’s sole obligation to You, or any third party, for damages shall not exceed the amounts paid by You to This Education Platform over the prior twelve (12) months directly preceding your claim, unless otherwise required by law

L. You agree that This Education Platform shall not be liable for any content that appears on the Platform

M. Except as set forth herein, nothing express or implied in this Agreement is intended or implied to confer, and nothing herein shall confer, any rights, remedies, liabilities, or obligations whatsoever upon any person or entity

N. You agree that any cause of action or claim that You may have against This Education Platform must be brought against us within one (1) year after the cause of action or claim arises. Should You not commence such cause of action or claim within this time period, it shall be barred

XXI. Remedies for Violations

A. This Education Platform reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including but not limited to removing Members from the Platform, the right to block access to the Platform from a particular IP address or other user identifier, or to refer the violation to the appropriate law enforcement authorities.

XXII. Communications

A. This Education Platform may notify You of relevant information regarding the Platform and This Education Platform Services in any of the following ways: (a) by emailing You at the contact information You provide in Your account registration or Your edited member profile, (b) by posting a notice in dashboard areas of the Platform, and (c) by posting the notice elsewhere on the Platform in an area suitable to the notice. It is Your responsibility to periodically review the Platform for such notices.

B. Subject to the Privacy Policy, if you send to This Education Platform or post on the Platform in any public area any testimonials, techniques, suggestions, workflows, or know-how (“User Submissions”), for any purpose, including the developing, manufacturing, and/or marketing or products or services incorporating such information, you acknowledge that This Education Platform can use such User Submissions without acknowledgement or compensation to you, and you waive any claim of ownership or compensation or other rights you may have in relation to your User Submissions. We actively review User Submissions for new ideas. If you wish to preserve any interest you might have in your User Submissions, you should not post them to the Platform or send them to us.

XXIII. Governing Law and Jurisdiction; Disputes and Arbitration

A. This Agreement shall be governed in accordance with the laws of the State of New York without regard to its conflicts of laws principles. Any action arising out of or relating to this Agreement shall be filed only in the state or federal courts located in the County of New York in the State of New York. You consent and submit to the exclusive personal jurisdiction of such courts for the purpose of litigating any such action

B. Any dispute, controversy, proceeding, or claim arising out of or in connection with or relating to this Agreement, shall be resolved by binding confidential arbitration by JAMS pursuant to its Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein

C. The arbitration will be conducted in New York County, New York, unless You and This Education Platform agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall be deemed as preventing This Education Platform from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, dilution, or violation of our data security, intellectual property rights, or other proprietary rights

D. You and This Education Platform agree to waive the right to trial by jury. You further agree that any proceedings to resolve any disputes shall be done solely on an individual basis and that You will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which You act or propose to act in a representative capacity

E. You also agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of This Education Platform and all parties to any such proceeding

XXIV. California Civil Code Section 1789.3

A. California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210

B. Complaints or requests for further information can be sent to the address listed in the Contact Us section of this Agreement

XXV. Privacy

A. Your use of the Platform is subject to our Privacy Policy.

XXVI. Entire Agreement; Severability of Provisions; No Waiver

A. These Terms of Use incorporate by reference any notices contained on the Platform, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of anything offered by This Education Platform, including the Platform, This Education Platform Services, and any Content

B. If any provision of this Agreement is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability

C. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy

XXVII. OFAC

A. You represent and warrant that You are not, nor are You owned or controlled directly or indirectly by, any person, group, entity or nation named on any list issued by the Department of the Treasury’s Office of Foreign Asset Control (“OFAC”), or any similar list or by any law, order, rule or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a “Specially Designated National and Blocked Person”, terrorist, or other banned or blocked person (any such person, group, entity or nation being hereinafter referred to as a (“Prohibited Person”); (ii) You are not (nor are You owned or controlled, directly or indirectly, by any person, group, entity or nation which is) acting directly or indirectly for or on behalf of any Prohibited Person; (iii) You (and any person, group, or entity which You control, directly or indirectly) have not conducted nor will conduct business nor have engaged nor will engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, good or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation; (iv) You are not prohibited by any sanctions program as maintained by OFAC from transacting with This Education Platform, including those sanctions programs currently in effect with respect to Cuba, Iran, North Korea, Syria, Venezuela, or Crimea. In connection with the foregoing, it is expressly understood and agreed that the representations and warranties contained in this subsection shall be continuing in nature.

XXVIII. Changes to the Terms of Use

A. This Education Platform may review and update this Agreement at any time in our sole discretion and it is Your responsibility to stay informed of those changes. All changes are effective immediately when posted and apply to all uses of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that You accept and agree to be bound by the changes. Please check this webpage periodically for updates.

XXIX. Titles/Headings

A. The headings and titles of sections to this Agreement have been inserted for the convenience of reference for the parties and are for informational purposes only and shall not be deemed to be a part of the language of this Agreement. Neither You nor This Education Platform shall rely on, or interpret substantively, the headings when construing the meaning of each section or the Agreement as a whole.

XXX. Gender/Plural

A. Whenever such wording may appear in this Agreement, words in the singular shall mean and include the plural and vice versa and words in the feminine shall mean and include the masculine and vice versa.

XXXI. Contact Us

A. If you have questions or concerns regarding these Terms of Use, the Platform, This Education Platform Services, or Content, You may contact Us via physical or electronic mail at the address below. Note: This Education Platform office is not open to the public:

Eyesgrin Creative Limited

6/F, Hung To Center, 94-96 How Ming Street, Kwun Tong, Hong Kong

Email: [email protected]

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