Sucre LLC,. d/b/a Melissa Coppel School (“Melissa Coppel School”, “Melissa Coppel”, “we,” “us,” “our”) provides its services (described below) to you through its website located at www.melissacoppel.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms of Service”).PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 10 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.
1.2 Modifications to Terms of Service:
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.
2. Access and Use of the Service
2.1 Use Description:
The Melissa Coppel School service, and any content viewed through our service, is solely for your personal and non-commercial use. With your course or subscription plan purchase we grant you a limited, non-exclusive, non-transferable, license to access the Melissa Coppel School content and view your course(s) through the service on a streaming-only basis for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. Melissa Coppel School may revoke your license at any time in its sole discretion. Upon such revocation, you must promptly destroy all content downloaded or otherwise obtained through the service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.
Unless explicitly stated otherwise, all intellectual property on the Website is owned by us. This includes materials protected by copyright, trademark, or patent laws (the "Marks"). The Content on the Website, including but not limited to text, design graphics, software code, photos, videos, music, applications, interactive features (collectively, the "Content"), is a collective work under United States and other copyright laws and is the intellectual property of Melissa Coppel School.
2.2 Your Registration Obligations:
2.3 Member Accounts, Password, and Security:
Don’t share your credentials. You should maintain control over all of the devices that are used to access the Service. If you fail to maintain control of a device, other users may access the Service through your account and may be able to access your account information. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Melissa Coppel School of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Melissa Coppel School will not be liable for any loss or damage arising from your failure to comply with this Section.
2.4 Modifications to Service:
Melissa Coppel School reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Melissa Coppel School will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law.
2.5 General Practices Regarding Use and Storage:
You acknowledge that Melissa Coppel School may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Melissa Coppel School’s servers on your behalf. You agree that Melissa Coppel School has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Melissa Coppel School reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Melissa Coppel School reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
2.6 Store Credit and Refunds:
Unless otherwise noted during your purchase of the Service you choose, as required by applicable law in your jurisdiction, or as set forth in the refund policy applicable to any Service, Melissa Coppel School will give you the full amount* of your purchase in store credits (you could use it in products, courses, tools*) and subsequently terminate your access. Store credit refunds are not available for accounts which have violated the terms of service; violations are determined at Melissa Coppel School's sole discretion. If Melissa Coppel School determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. To request a store credit refund or to ask a question, email Support at email@example.com.
Yearly Subscription Plans won’t offer you a full refund after purchase. The Free Trial let you test the service and subsequently terminate your access and no charges will be made.
Refund policy doesn’t apply to sale items. This includes, but is not limited to, promotional bundles, discounted offers, and other deals. Once an offer has been purchased, it is considered final and non-refundable.
*The Full amount will be minus PayPal or debit card fees charged in the transaction.
2.7 User Submissions
Certain areas of this Website (e.g., online forum, blog, and other functionality) may permit you to submit, post, distribute, upload or broadcast content and materials on the Website, including, but not limited to, text, video, audio, photographs, graphics, comments, suggestions, personal information or other material or media of any kind (collectively, "Submissions").
When you create or make available any Submissions on the Website, you represent and warrant that:
- • You do not email, or otherwise upload, any content that: (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) what you upload does not contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) what you post does not pose or create a privacy or security risk to any person; (v) what you post does not constitute unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) what you post is not unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or that (vii) your Submissions, in the sole judgment of Melissa Coppel School, are not objectionable or restrict or inhibit any other person from using or enjoying the Service, or may expose Melissa Coppel School or its users to any harm or liability of any type;
- •You own all rights in your Submissions (including, without limitation, all rights to the reproduction and display of your Submissions) or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to us the rights in your Submissions as described in these Terms.
- •You have written consent, release, and/or permission of each and every identifiable individual person in your Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion in your submission.
- •Any information contained in your Submissions is not known by you to be false, inaccurate, or misleading.
- •Your Submissions do not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).
- •Your Submissions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- •Your Submissions are not, and may not reasonably be considered to be, defamatory, libellous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy.
- •Your Submissions do not contain any offensive comments to any protected class of persons.
- •Your Submissions do not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own).
- •Your Submissions do not contain any spyware, viruses, worms, adware, or other potentially damaging programs or files.
We do not assert any ownership over your use of the Submissions. You retain full ownership of all of your Submissions and any intellectual property rights or other proprietary rights associated with your Submissions.
By uploading any Submissions you hereby grant PastryClass, its partners (including but not limited to PastryClass instructors and other third parties providing instructional information through the Services, collectively “Partners”) to:
- •Edit, redact, or otherwise change any Submissions.
- •Pre-screen or delete any Submissions at any time for any reason, without notice.
- •Re-categorize any Submissions to place them in more appropriate locations on the site.
- •Use your Submissions in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your Submissions or any modification thereto, in whole or in part, into any technology, product, or service).
2.8 Guidelines For Review
We may provide you areas on the Website to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- •Your review should not contain abusive, racist, offensive or hate language.
- •Your review shouldn’t contain references to illegal activity.
- •You may not post any false or misleading statements.
- •Your review does not contain any offensive comments to any protected class of persons.
We may accept, remove, or reject reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. We do not consider reviews to be education records or information otherwise associated with the services that you receive through the Website. By submitting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
2.9 Links To Third Party Sites
We sometimes provide links on this Website to third-party websites or other access to other websites and resources on the Internet. We are not obligated to review any third-party websites that you link to from this Website, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.
2.10 Commercial Use:
Unless otherwise expressly authorized herein or by Melissa Coppel School in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is solely for your non-commercial, personal, entertainment use.
3. Intellectual Property Rights
3.1 Service Content, Software and Trademarks:
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Melissa Coppel School, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Melissa Coppel School from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Melissa Coppel School, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Melissa Coppel School.
The Melissa Coppel School name and logos are trademarks and service marks of Melissa Coppel School (collectively the “Melissa Coppel School Trademarks”). Other Melissa Coppel School, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Melissa Coppel School. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Melissa Coppel School Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Melissa Coppel School Trademarks will inure to our exclusive benefit.
3.2 User Content Transmitted Through the Service:
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant Melissa Coppel School, its affiliated companies and partners (including but not limited to Melissa Coppel School instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to Melissa Coppel School, its affiliated companies or partners are non-confidential and Melissa Coppel School, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Melissa Coppel School may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Melissa Coppel School, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3.3 Copyright Complaints:
Melissa Coppel School respects the intellectual property of others. If you believe in good faith that any materials on the Sites infringe upon your copyrights, please send the following information to Melissa Coppel School’s Copyright Designated Agent at firstname.lastname@example.org:
- • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- • Your address, telephone number, and email address;
- • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- • A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on the copyright owner’s behalf;
- • A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest.
You may also contact our Copyright Designated Agent by mail with a complete set of the above information at:
Copyright Designated Agent
Melissa Coppel School
9001 W Sahara Av
Las Vegas, 89135. NV, USA
4. Payments, Shipping, and Plans
4.1 Store products ( Chocolates Boxes, Books, Ingredients & additives, tools)
You will be required to select a payment plan and provide Melissa Coppel School information regarding your credit card or other payment instruments. We may suspend or terminate your account and/or access to our Services and this Website if your payment is late and/or your offered payment method (e.g., credit card or PayPal account) cannot be processed or is declined or revoked.
By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto. Fees for classes are collected by Melissa Coppel School from students via credit card, square and PayPal services.
We reserve the right to change Melissa Coppel School payment plans at any time. If applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you can cancel your account and stop using the Services.
4.1.1 Shipping and Delivery
October to April: Orders received Monday through Wednesday before 3:00 PM will be shipped via FedEx two-day shipping. Orders received from Thursday to Sunday will be shipped the following Monday.
May to September: Orders received Monday through Thursday before 3:00 PM will be shipped via FedEx next-day shipping, because sensitive of the product and the warm weather. Orders received from Friday to Sunday will be shipped the following Monday.
4.1.2 Warm Weather Shipping
When shipping chocolate boxes or chocolate bags to warm destinations, we use ice packs and insulated packaging to ensure your chocolates arrive in excellent condition. Please make an effort to notify the recipient that a sweet gift is on its way so the package is not left outside in warm weather for too long. PS: We ship all over the US besides Hawaii.
4.1.3 Cancellation Policy
Shipping Orders cannot be canceled or returned.
If something happens and your order is approved to refund; Melissa Coppel Chocolatier will refund the total value of your order minus the PayPal or credit card fees charged to the transaction.
4.2 Recurring Subscriptions Plan
If you select a Service with an auto renewal feature (“Recurring Subscription” monthly or annually billing), you authorize Melissa Coppel School to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that Melissa Coppel School is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Melissa Coppel School, may, in its sole discretion: (i) bill you for your Service and suspend your access to the Service until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you.
Melissa Coppel School may change the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Recurring Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect. Therefore, please make sure you read any such notification of price changes carefully. We’ll offer options to upgrade or change to a plan that fix better to your needs.
4.2.1. Payments and refund
Payments are nonrefundable after FREE TRIAL and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
If you subscribed on our website, you can cancel by contacting Support at email@example.com or by going to Settings in your account, selecting Cancel under the Subscription box, and then following the onscreen instructions to continue and cancel subscription.
4.2.2 Free Trial
The free trial shall last 3 days only. After this period the regular price of your subscription will be charged. To access the free trial you will be required to submit payment method like PayPal or Credit Card, as part of the process. You could cancel before the deadline the subscription to avoid any charge. (From 11/30/2023).
You could use only the free trial period once. In the free trial period you will have access to tall courses on the subscription plan, but NOT to all discounts and free courses(online LIVE, New courses and Hands On).
Each subscription plan has an especial discount group (please see the subscription plans comparison table). All the discount are available from day 1 after payment confirmation. There is no discount or promotion to free trial period.
4.3 Online Content | On Demand and Online LIVE
4.3.1 REGISTRATION AND PAYMENT
Full payment of the registration fee (which shall be equal to 100% of the course fee) is required in advance in order to secure a place in the Class.
If you pay with a credit card or PayPal account in our website, you have secured your place in the class. If you pay by cash, check, or money order, your spot will only be secured until Melissa Coppel School has received payment.
For online classes, only registered students using the email address they provided during registration will be allowed to join the Class, so we encourage students not to share their passwords. The Documents and Photos material will be available lifetime in your LMS dashboard. The videos will be available for one(1) year in your LMS dashboard or final date of your subscription plan.
4.3.2 COURSE CANCELLATION AND DATE CHANGES
Please be aware that courses are subject to change due to conflicts, instructor illness, travel issues, etc. You will be informed immediately of any date changes or course cancellations.
For Online LIVE, if you cancel a Class, you will receive the class credit to use towards a future online-live class, on demand content or any other product on our website (within a year from the cancellation date).
Tuition fee needs to be paid in full to secure your spot. Once the Class is paid, no money refunds will be given.
For On Demand content if you cancel anytime you will not receive credit or any form of refund.
4.4. Hands-On Courses
Please be aware that courses are subject to change due to conflicts, instructor illness, travel issues, etc. You will be informed immediately of any date changes or course cancellations.
Tuition fee needs to be paid in full to secure your spot.
4.4.1 Course Cancellation
We highly recommend that you book refundable forms of transportation and accommodations, so if an unforeseen change occurs you will not be penalized for the changes.
If you cancel 45+ days before the first day of Class, you will receive full Class credit to use towards a future Class (within two years from the cancellation date).
If you cancel 45-20 days prior to the first day of Class, you will receive 50% of the amount as a credit value to be used for a future class (within two years from the cancellation date).
If you cancel less than 20 days before the class, you will not receive credit or any form of refund.
To cancel a class, please contact us via email at firstname.lastname@example.org
5. Indemnity and Release
To the fullest extent permitted by law, you agree to release, indemnify and hold Melissa Coppel School and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
8. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, Melissa Coppel School EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Melissa Coppel School MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Melissa Coppel School 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 Melissa Coppel School 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 SERVICE; (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 SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Melissa Coppel School’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Melissa Coppel School 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 SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
10. Binding Arbitration; Class Action Waiver
You and Melissa Coppel School agree that these Terms of Service affect interstate commerce and that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 10 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Service or the Service, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
If you have any dispute with us, you agree that before taking any formal action, you will contact us at Melissa Coppel School, 660 4th Street #443, San Francisco, CA 94107 and email@example.com and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
All disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by the procedures identified above shall be resolved by individual (not group) binding arbitration to be conducted before JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For residents outside the United States, arbitration will be held in San Francisco, California, and you and Melissa Coppel School agree to submit to the personal jurisdiction of any federal or state court in San Francisco, California in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including but not limited to any claim that all or any part of these Terms of Services are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Melissa Coppel School shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds the arbitration to be frivolous. You are responsible for all other additional costs that you may incur in the arbitration including but not limited to attorneys’ fees and expert witness costs unless Melissa Coppel School is otherwise specifically required to pay such fees under applicable law. If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing.
You and we agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND Melissa Coppel School AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties' decision to resolve all disputes through arbitration, you or we may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). You or we may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction to the extent such claims do not seek equitable relief.
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to Melissa Coppel School at the address identified in Section 14 below. The notice must be sent within thirty (30) days of (a) the “Date of Last Revision” date of these Terms of Service as set forth above; or (b) your first date that you used the Services that contained any versions of the Terms of Service that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Melissa Coppel School also will not be bound by them. If Melissa Coppel School changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Melissa Coppel School' email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Melissa Coppel School in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND Melissa Coppel School REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
You agree that Melissa Coppel School, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Melissa Coppel School believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Melissa Coppel School may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Melissa Coppel School may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Melissa Coppel School will not be liable to you or any third party for any termination of your access to the Service.
13. Questions? Concerns? Suggestions?
Please contact us at 9001 West Sahara Av, Las Vegas, NV; via email at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.