Last Updated: March 31, 2023
THE AGREEMENT: This Course Agreement (hereinafter, “Agreement”) is made by and between IT Audit MasterClass, a limited liability company, organized under the laws of the state of Delaware, hereinafter referred to as “Course Provider,” and you, further defined below, as a participant in the Course, also defined below.
All parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement shall govern the use of all pages and screens in and on the Course (all collectively referred to as “Course”) and any services provided by or on this Course Provider through the Course (“Services”) and/or on the Course Provider’s website (“Website”).
Article 1 – DEFINITIONS:
A) The parties referred to in this Agreement shall be defined as follows:
I) Course Provider, us, we: Course Provider, as the creator,
operator, and publisher of the Course, is responsible for providing the Course
publicly. Course Provider, us, we, our, ours and other first-person pronouns
will refer to the Course Provider, as well as, if applicable, all employees and
affiliates of the Course Provider.
II) You, the user, the participant: You, as the participant in the
course and user of the Website, will be referred to throughout this Agreement
with second-person pronouns such as you, your, yours, or as user or
participant.
III) Parties: Collectively, the parties to this Agreement (Course
Provider and You) will be referred to as Parties.
B) The Course details are as follows:
I) Course Name: IT Audit MasterClass
II) Course Description:
Our class is designed for individuals who are looking to
transition careers, have an interest in IT, and who have little to no
understanding of the world of IT.
III) Total Course Fees (“Fees”): $1,500 (one thousand
five hundred US dollars)
IV) Course URL: https://itauditmasterclass.com
Article 2 – ASSENT & ACCEPTANCE:
By purchasing and participating in the Course, you warrant that
you have read and reviewed this Agreement and that you agree to be bound by it.
If you do not agree to be bound by this Agreement, please cease your
participation in the Course immediately. If you do so after purchase, you will
not be entitled to any refund. Course Provider only agrees to provide the
Course to you if you assent to this Agreement.
Article 3 – LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS:
We may provide you with certain information as a result of your
accessing of the Course through the Website. Such information may include, but
is not limited to, documentation, data, or information developed by us and
other materials which may assist in your participation in the Course
(“Materials”). Subject to this Agreement, we grant you a
non-exclusive, limited, non-transferable and revocable license to use the
Materials solely in connection with your participation in the Course and your
use of the Website. The Materials may not be used for any other purpose, and
this license terminates upon your completion of the Course, your cessation of
use of the Course or the Website, or at the termination of this Agreement.
Article 4 – COURSE TERMS:
The Course does not have a structured start date, which means you
may begin it at any time.
The Course and any of its accompanying Materials may not be shared
with any party. If we suspect that the Course or Materials are being shared
and/or that you have shared your log-in information with any party, we reserve
the right to immediately terminate your access to the Course, in our sole and
exclusive discretion.
We do not offer any promises or guarantees with regard to our
Course or Course Materials. You hereby acknowledge and agree:
A) You are solely and exclusively responsible for the choices that
you make with regard to this Course, the Materials contained within it, or any
significant changes to your business or life;
B) You are solely and exclusively responsible for your own mental
health, physical health, business decisions, and any other actions or inaction
you choose to take;
C) We are not liable for any result or non-result or any
consequences which may come about due to your participation in the Course;
D) This Course does not constitute a therapeutic relationship or a
medical one. We do not provide therapy or medical services and you are
responsible for procuring these services at your own will and discretion if
needed.
Article 5 – INTELLECTUAL PROPERTY:
You agree that the Materials, the Course, the Website, and any
other Services provided by the Course Provider are the property of the Course
Provider, including all copyrights, trademarks, trade secrets, patents, and
other intellectual property (“Company IP”). You agree that the
Company owns all right, title and interest in and to the Company IP and that
you will not use the Company IP for any unlawful or infringing purpose. You
agree not to reproduce or distribute the Company IP in any way, including
electronically or via registration of any new trademarks, trade names, service marks
or Uniform Resource Locators (URLs), without express written permission from
the Company.
Article 6 – YOUR OBLIGATIONS:
As a participant in the Course, you will be asked to register with
us. When you do so, you will choose a user identifier, which may be your email
address or another term, as well as a password. You may also provide personal
information, including, but not limited to, your name. You are responsible for
ensuring the accuracy of this information. This identifying information will
enable you to participate in the Course. You must not share such identifying
information with any third party, and if you discover that your identifying
information has been compromised, you agree to notify us immediately in
writing. Email notification will suffice. You are responsible for maintaining
the safety and security of your identifying information as well as keeping us
apprised of any changes to your identifying information.
The billing information you provide us, including credit card,
billing address and other payment information, is subject to the same
confidentiality and accuracy requirements as the rest of your identifying
information. Providing false or inaccurate information, or using the Course or
the Website to further fraud or unlawful activity is grounds for immediate
termination of this Agreement.
Article 7 – PAYMENT & FEES:
As noted above, the total Fees for the Course are as follows:
$1,500 (one thousand five hundred US dollars).
Payment plans are available for the payment of the Course Fees.
Such payment plans are structured as follows:
$500, $750 or $1,000 due at sign up.
Remainder due by Class 4.
If payment is not complete by the time you wish to begin the
Course, you will not be permitted to access the Course Materials.
Article 8 – ACCEPTABLE USE:
You agree not to use the Course or the Website for any unlawful
purpose or any purpose prohibited under this clause. You agree not to use the
Course or the Website in any way that could damage the Course, Website,
Services, or general business of the Course Provider.
a) You further agree not to use the Course or the Website:
I) To harass, abuse, or threaten others or otherwise violate any
person’s legal rights;
II) To violate any intellectual property rights of the Course
Provider or any third party;
III) To upload or otherwise disseminate any computer viruses or
other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or
pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence,
hate, or discrimination towards any group;
VIII) To unlawfully gather information about others.
Article 9 – NO LIABILITY:
The Course and Website are provided for informational purposes
only. You acknowledge and agree that any information posted in the Course, in
the Materials, or on the Website is not intended to be legal advice, medical
advice, or financial advice, and no fiduciary relationship has been created
between you and us. You further agree that your participation in the Course is
at own risk. We do not assume responsibility or liability for any advice or
other information given in the Course, in the Materials, or on the Website.
Article 10 – REVERSE ENGINEERING & SECURITY:
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble
any code or software from or on the Course or Website;
b) Violate the security of the Course or Website through any
unauthorized access, circumvention of encryption or other security tools, data
mining or interference to any host, user or network.
Article 11 – DATA LOSS:
We do not assume or accept responsibility for the security of your
account or content. You agree that your participation in the Course or use of
the Website is at your own risk.
Article 12 – INDEMNIFICATION:
You agree to defend and indemnify the Course Provider and any of
our affiliates (if applicable) and hold us harmless against any and all legal
claims and demands, including reasonable attorney’s fees, which may arise from
or relate to your participation in the Course, your use or misuse of the
Website, your breach of this Agreement, or your conduct or actions. You agree
that we shall be able to select our own legal counsel and may participate in
our own defense, if we wish.
Article 13 – SPAM POLICY:
You are strictly prohibited from using Course for illegal spam
activities, including gathering email addresses and personal information from
others or sending any mass commercial emails.
Article 14 – MODIFICATION & VARIATION:
We may, from time to time and at any time without notice to you,
modify this Agreement. You agree that we have the right to modify this
Agreement or revise anything contained herein. You further agree that all
modifications to this Agreement are in full force and effect immediately upon
posting on the Website and that modifications or variations will replace any
prior version of this Agreement, unless prior versions are specifically
referred to or incorporated into the latest modification or variation of this
Agreement.
To the extent any part or sub-part of this Agreement is held
ineffective or invalid by any court of law, you agree that the prior, effective
version of this Agreement shall be considered enforceable and valid to the
fullest extent.
Article 15 – ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the
Parties with respect to the Course. This Agreement supersedes and replaces all
prior or contemporaneous agreements or understandings, written or oral.
Article 16 – SERVICE INTERRUPTIONS:
We may need to interrupt your access to the Course to perform
maintenance or emergency services on a scheduled or unscheduled basis. You
agree that your access to the Course and/or Website may be affected by
unanticipated or unscheduled downtime, for any reason, but that we shall have
no liability for any damage or loss caused as a result of such downtime.
Article 17 – TERM, TERMINATION & SUSPENSION:
We may terminate this Agreement with you at any time for any
reason, with or without cause. We specifically reserve the right to terminate
this Agreement if you violate any of the terms outlined herein, including, but
not limited to, violating the intellectual property rights of us or a third
party, failing to comply with applicable laws or other legal obligations,
and/or publishing or distributing illegal material. You may also terminate this
Agreement at any time by contacting us and requesting termination. At the
termination of this Agreement, any provisions that would be expected to survive
termination by their nature shall remain in full force and effect.
Please be advised that terminating this Agreement does not entitle
you to a refund on any monies spent with us.
Article 18 – NO WARRANTIES:
You agree that your participation in the Course and your use of
the Website is at your sole and exclusive risk and that any Services provided
by us are on an “As Is” basis. We hereby expressly disclaim any and
all express or implied warranties of any kind, including, but not limited to
the implied warranty of fitness for a particular purpose and the implied
warranty of merchantability. We make no warranties that the Course or Website
will meet your needs or that the Course or Website will be uninterrupted,
error-free, or secure. We also make no warranties as to the reliability or
accuracy of any information in the Course or on the Website. You agree that any
damage that may occur to you, through your computer system, or as a result of
loss of your data from your participation in the Course or your use of the
Website is your sole responsibility and that we are not liable for any such
damage or loss.
Article 19 – LIMITATION ON LIABILITY:
We are not liable for any damages that may occur to you as a
result of your participation in the Course or your use of the Website, to the
fullest extent permitted by law, as noted above. The maximum liability of
Course Provider arising from or relating to this Agreement is limited to the
greater of one hundred ($100) US Dollars or the amount you paid to us in the
last six (6) months. This section applies to any and all claims by you,
including, but not limited to, lost profits or revenues, consequential or
punitive damages, negligence, strict liability, fraud, or torts of any kind.
Article 20 – GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to
this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your
participation in the Course and your use of the Website, you agree that the
laws of Delaware shall govern any matter or dispute relating to or arising out
of this Agreement, as well as any dispute of any kind that may arise between
you and us, with the exception of its conflict of law provisions. In case any
litigation specifically permitted under this Agreement is initiated, the
Parties agree to submit to the personal jurisdiction of the state and federal
courts of the following county: New Castle, Delaware. The Parties agree that
this choice of law, venue, and jurisdiction provision is not permissive, but
rather mandatory in nature. You hereby waive the right to any objection of
venue, including assertion of the doctrine of forum non conveniens or similar
doctrine.
C) ARBITRATION: In case of a dispute between the Parties relating
to or arising out of this Agreement, the Parties shall first attempt to resolve
the dispute personally and in good faith. If these personal resolution attempts
fail, the Parties shall then submit the dispute to binding arbitration. The
arbitration shall be conducted in the following county: Will County. The
arbitration shall be conducted by a single arbitrator, and such arbitrator
shall have no authority to add Parties, vary the provisions of this Agreement,
award punitive damages, or certify a class. The arbitrator shall be bound by
applicable and governing Federal law as well as the law of the following states:
Delaware, Illinois. Each Party shall pay their own costs and fees. Claims
necessitating arbitration under this section include, but are not limited to:
contract claims, tort claims, claims based on Federal and state law, and claims
based on local laws, ordinances, statutes or regulations. Intellectual property
claims by us will not be subject to arbitration and may, as an exception to
this sub-part, be litigated. The Parties, in agreement with this sub-part of
this Agreement, waive any rights they may have to a jury trial in regard to
arbitral claims.
D) ASSIGNMENT: This Agreement, or the rights granted hereunder,
may not be assigned, sold, leased or otherwise transferred in whole or part by
you. Should this Agreement, or the rights granted hereunder, by assigned, sold,
leased or otherwise transferred by Course Provider, the rights and liabilities
of Course Provider will bind and inure to any assignees, administrators,
successors, and executors.
E) SEVERABILITY: If any part or sub-part of this Agreement is held
invalid or unenforceable by a court of law or competent arbitrator, the
remaining parts and sub-parts will be enforced to the maximum extent possible.
In such condition, the remainder of this Agreement shall continue in full
force.
F) NO WAIVER: In the event that we fail to enforce any provision
of this Agreement, this shall not constitute a waiver of any future enforcement
of that provision or of any other provision. Waiver of any part or sub-part of
this Agreement will not constitute a waiver of any other part or sub-part.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts
under this Agreement are for convenience and organization, only. Headings shall
not affect the meaning of any provisions of this Agreement.
H) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency,
partnership, or joint venture has been created between the Parties as a result
of this Agreement. No Party has any authority to bind the other to third
parties.
I) FORCE MAJEURE: We are not liable for any failure to perform due
to causes beyond our reasonable control including, but not limited to, acts of
God, acts of civil authorities, acts of military authorities, riots, embargoes,
acts of nature and natural disasters, and other acts which may be due to
unforeseen circumstances.
J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications
are permitted to both Parties under this Agreement, including e-mail or fax.
For any questions or concerns, please email us at the following address:
info@itauditmasterclass.com.