SPLASH MEDIA U TERMS OF SERVICE
Acknowledgement: User acknowledges that success is dependent on a number of factors, including, but not limited to, attitude, persistence, and full participation in all phases of Splash Media U. Splash Media U is dedicated to helping Students become successful using social media best practices as explained and demonstrated throughout Splash Media U training services. The success of the program itself depends on the completion and implementation by Students of the strategies in the program. By agreeing to this Agreement, User affirms an intent and commitment to learn and implement these strategies. User also acknowledges that some strategies and tactics work better for some industries than others. Splash Media U does not guarantee success with any strategy.
Limitations of Use: User may only use Splash Media U training services as described in the applicable Documentation. Except as expressly authorized by this Agreement, User will not (and will not allow any third party to): (a) permit any third party to access and use Splash Media U training services; (b) decompile, disassemble, or duplicate Splash Media U training materials, including videos, written materials or web-based training; (c) use Splash Media U training services or any Splash Media U Confidential Information to develop a competing service; (d) provide, lease, lend, use for timesharing or service bureau purposes or otherwise use or allow others to use any Splash Media U training services for the benefit of any third party; or (e) remove any copyright, trade secret, trademark, proprietary rights, disclaimer, or warning notice included on or embedded in any part of the Splash Media U training services (including any screen displays, etc.). “Documentation” means the documentation, if any, provided by Splash Media U or made available on Splash Media U’s website at the time of access and any updates that Splash Media U may, in its discretion, provide from time to time. The Documentation is subject to all restrictions and limitations relating to Splash Media U training services.
Testimonial Usage: By purchasing any of the Splash Media U programs, User acknowledges and gives Splash Media U rights to publish their success stories and oral testimonials. Success stories and oral testimonials may be used by Splash Media U and its affiliates in any format: website, collateral, and video productions.
Opt In: By providing an email address and other contact information to Splash Media U, the User opts to receive updated information via email, telephone, fax and/or direct mail from Splash Media U and its affiliates.
Access to Product(s): At the point of activation of any of the Splash Media U products, including Splash Media U certification programs, User is being granted an “access code” that allows the User to use that particular program. User understands the term of the access code(s) shall be in effect in perpetuity, unless otherwise terminated under the terms and provisions of the License, or by the terms of any applicable free trial periods. Access will be granted for two (2) months from the date of activation for each individual certificate or five (5) months for the entire Master Social Media Certification. Access will expire for users who do not complete their entire certificate or program within the allotted time. For users who purchase any of the Splash Media U programs under a monthly payment plan – Full Certification Completion will not be achieved until the entire program price has been paid in full. Refunds will NOT be provided for any unused or incomplete courses or programs. For Students enrolled in Master Social Media Certification, if more than 5 months is needed to complete the program or if continued access is desired after completion, Students may have the option to pay a monthly access fee for continued, unrestricted access to the training. This access fee is in addition to any fees owed by Student as part of their original tuition agreement.
Choice of Law and Arbitration: The parties waive trial by court or jury. Any dispute arising from or relating to this Agreement and to the Enrollment Form, the software, the training, the training materials or any other dispute that arises shall be resolved by arbitration in Orlando, Florida, where this Agreement and Enrollment Form was accepted, and governed by and construed under United States law. A party may only bring a claim for breach of this Agreement or Enrollment Form, and shall not be permitted to bring a claim sounding in tort or otherwise. No party may bring or become a member of a class action against another. Arbitration shall be conducted by a panel of three (3) arbitrators pursuant to this paragraph under the Commercial Rules of the American Arbitration Association in effect at the time a claim is initiated. The party initiating arbitration (“Claimant”) shall select an arbitrator and notify the other party (“Respondent”) in writing by Certified Mail/Return Receipt Requested of the nature of the claim and the arbitrator’s name. Respondent shall have twenty (20) days from receipt of the notice to select the second arbitrator and notify Claimant in writing via the same type of mail of the second arbitrator’s name and the nature of any defense. These arbitrators shall select, at their sole discretion, a third arbitrator to complete the panel. If a party fails to select an arbitrator timely, then a final decision in favor of the other party shall be entered by the latter’s arbitrator. Each arbitrator must be a lawyer with over ten (10) years’ experience or a retired judge. The arbitrators’ decision shall be by majority vote, final and binding. No party shall be awarded attorney’s fees or costs, whether or not taxable by a court or arbitrator(s) as costs. No action filed more than six months (6) months after the Enrollment Date shall be entertained by any arbitrator or court. For its failure to provide System Support, which lasts in excess of thirty (30) consecutive days, Splash Media U shall only be ratably liable; although, if awarded, the total of all damages shall not exceed the purchase price paid hereunder. Any proceedings, whether or not consistent with this Agreement, shall be filed with and entered only by a court in Orlando, Florida, having jurisdiction thereof. User acknowledges that competing products and services are readily available and, therefore, waives any right to assert that this Enrollment Form is a contract of adhesion or that any provision of it is unconscionable.
Terms of Acceptance: Acceptance of the Splash Media U Terms of Service authorizes the use of Splash Media U training services for User’s sole, personal and private use only. Splash Media U training materials shall at all times remain the property of Splash Media U, and User is only being granted a “right to use” the training materials; this “right to use” may be revoked by Splash Media if the any aspect of Splash Media U is used in any manner inconsistent with the Terms of Service. User does not have the authority to resell or otherwise transfer the License to any third party without the expressed written consent of Splash Media U, and any such action becomes grounds for Splash Media U to immediately revoke User’s License. User agrees that any use of the License not specifically permitted herein, is a potential breach of the License, and such unauthorized use could cause financial damages to the business interests of Splash Media U. Any breach in the terms and provisions of the License may be considered by Splash Media U, to be an actionable offense. In such event, Splash Media U may seek legal and financial remedies in a venue under the legal jurisdiction of the State of Florida at Splash Media U’s sole discretion.
Splash Media U Disclaimer: Splash Media U TM is a trademark of Splash Media U, LLC (“Splash Media U”). Splash Media U TM curriculum, which is developed by Splash Media U’s professional Social Media Managers, is designed to help Students learn at their own pace the proven strategies and best practices for using social media. Some strategies work better in some industries than others. Any testimonial used in conjunction with any Splash Media U website or training content, including videos and written documentation, represents solely that Student’s experience with Splash Media U; Splash Media U does not guarantee similar results for every Student.
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