Terms and Conditions
MICROBLADING UNIVERSITY, INC.
TERMS OF SERVICE
Last updated: January 19, 2019
PLEASE READ THESE TERMS OF SERVICE CAREFULLY; THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
WHAT DO THESE TERMS GOVERN?
WHAT ARE THE SERVICES?
The Services are an online platform that connects individuals who have unique knowledge of or specialized experience with a particular location or activity (“Emntrs”) with individuals seeking to receive services related to such locations or activities (“Experiencers” and each such service, an “Experience”). Emntrs, Experiencers, and anyone else who creates an account with Company are collectively referred to herein as “Users.” The Services facilitate the listing, booking and payments related to these Experiences.
(E) Our classes provide a certificate of completion for our skills training. We do not guarantee Job placement to graduates when the program is complete; or that the coursework will transfer to another school, college, or university. The certification for microblading does not give you the license that may be required by your local health code. Health codes, certifications, and legal requirements will vary from country to country. Seeking this additional information is the responsibility of the student. Please check with your local health department offices for up-to-date information.
NO ENDORSEMENT; RELEASE
Company does not endorse any Experiences. When interacting with other Users, please exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES AND YOU HEREBY RELEASE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICES.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
YOUR USE OF THE SERVICES
By using the Services, you represent and warrant that that: (1) you are at least 18 years of age or older and are at least of the legal age of majority in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) you have the right, authority and capacity to agree to these Terms of Service and to abide by the terms and conditions herein, and that you will so abide. Confidentiality
You must (and hereby agree to) treat all information we provide to you as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your access to and participation in this Training Program and use of our Services is personal to you and you agree not to provide any other person with access to the information we provide you. You agree to notify us immediately of any unauthorized access use or any other breach of security.)
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY OR OTHER USER ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
You hereby agree to indemnify, defend, and hold harmless Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with (i) your use of or inability to use the Services, or (ii) any content submitted by you or using your account to the Services, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Company.
LICENSE TO USE THE SERVICES
Unless otherwise indicated, the Site and all content and other materials on the Site or forwarded by the Company through the Services, including, without limitation, the Company logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Company Materials”) are the property of Company or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Services. Such license is subject to these Terms of Service and does not include or authorize: (a) any resale or commercialization of the Services, the Company Materials or the content you receive via the Services; (b) the distribution, public performance or public display of any Company Materials; (c) modifying or otherwise making any derivative uses of the Services or the Company Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Services, the Company Materials or any information contained therein, except as expressly permitted by the Company or (f) any use of the Services or the Company Materials other than for its intended purpose. Any use of the Services or the Company Materials other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable by Company at any time.
USER GENERATED CONTENT (UGC)
Any content or other materials you upload through the Services or share with other Users via the Services is collectively referred to herein as User-generated content, or “UGC.” You represent and warrant that you own all right, title and interest in and to such UGC, including, without limitation, all copyright and rights of publicity contained therein. By uploading or sharing any UGC to or via the Services, you hereby grant to Company a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your UGC in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to Company are non-confidential and Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
BILLING AND PAYMENT
Prior to booking or being paid for an Experience, Users of the Services will be required to provide their credit card and/or bank account details to Company and the Payment Service Provider retained by Company (the “PSP”) (we currently use Square Up). Experiencers agree to pay for Experiences booked through the Services via our PSP. Experiencers will be responsible for paying the fee for each Experience, which will include (i) the fee charged by the Emntr for providing the Experience (“Emntr Fee”), and (ii) the service charge Company assesses for the Services (“Company Fee”). In the event of a payment or billing dispute between and Emntr and an Experiencer, both parties agree to notify Company of such dispute and to negotiate such dispute informally via Company representatives prior to initiating any formal claim or proceeding.
Following completion of an Experience (but no more than one month thereafter), Company will authorize the PSP to process the payment of the Emntr Fee to the Emntr and the Company Fee to Company.
Company reserves the right, in its sole discretion (but not the obligation), upon request from Emntr or Experiencer or upon notice of any potential fraud, unauthorized charges or other misuse of the Services, to (i) place on hold any Emntr Fees owed to an Emntr, or (ii) refund or provide credits to the Experiencer, or arrange for the PSP to do either of the foregoing.
You must register with Company and create an account to access and use some of the Services. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password provided by you or Company for accessing the Services. You are solely and fully responsible for all activities that occur under your account. Company has no control over the use of your account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, contact Company immediately at firstname.lastname@example.org.
THIRD PARTY CONTENT
Company may provide links to web pages and content of third parties as a service to those interested in such links and content, and Company may post third party content through the Services (such content, collectively, “Third Party Content”). Company does not monitor or have any control over any Third Party Content or third party websites. Company does not endorse or adopt any Third Party Content or third party website and can make no guarantee as to its accuracy or completeness. Company does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party websites. You may use these links, Third Party Content and third party websites at your own risk.
Claims of copyright infringement should be sent to Company at info@microbladinguniversi.
You and Company agree that except as otherwise specifically provided in this paragraph, any controversy or claim arising out of or relating in any way to these Terms of Service, or the breach thereof, or to the Services, shall be settled exclusively by arbitration administered by the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules and, in the case of consumer disputes, with the AAA’s Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”), and that judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, to the extent that either party to these Terms of Service has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, then the parties acknowledge that arbitration is not an adequate remedy at law and that without waiving any remedy under these Terms of Service, injunctive or other appropriate relief may be sought from any court specified in the section below entitled “GOVERNING LAW; VENUE.” The place of arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. To the fullest extent permitted by applicable law, no arbitration or claim shall be joined to any other arbitration or claim, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the Services be instituted more than two (2) years after the cause of action arose. In the event that any term of this section (“ARBITRATION”) is held to be in conflict with a mandatory provision of applicable law, such conflicting term shall be modified automatically to comply with such provision and the remainder of this section shall not be affected.
GOVERNING LAW; VENUE
These Terms of Service and your use of the Services shall be governed by and construed in accordance with the laws of the United States of America and the State of Washington applicable to agreements made and to be entirely performed within the State of Washington (even if your use is outside of the State of Washington), without resort to its conflict of law provisions. You agree that with respect to any disputes or claims not subject to arbitration (as set forth below), any action at law or in equity arising out of or relating to the Services or these Terms of Service shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts. The requirements in this paragraph shall not apply where and to the extent they are prohibited by the local law in the jurisdiction in which you live.
Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, the enforceability of the section entitled “ARBITRATION” shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
You may not assign these Terms of Service without Company’s prior written approval. Company may assign these Terms of Service without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Company’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of these Terms of Service or your use of the Services. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Company’s failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.