Agreement between User and https://infinitelearningacademy.net/

Welcome to the website https://infinitelearningacademy.net/ (the "Site"). The Site is an e-commerce site comprised of various web pages operated by Infinite Learning Academy, Inc. ("ILA") and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.

ILA operates a virtual instruction and digital learning platform that connects students of all ages ("Course Participants") with personalized and interactive instruction (delivered by "Course Instructors") to accelerate learning, academic achievement or professional development. Virtual instruction is offered to Course Participants through multi-session online courses or through individual, 1-on-1 instruction. Course Instructors, Course Participants and parents/guardians of any Course Participant are required to adhere to ILA's Online Instruction and Tutoring Policy.

Privacy

Your use of the Site is subject to ILA's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting the Site or sending emails to ILA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ILA is not responsible for third party access to your account that results from theft or misappropriation of your account. ILA and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under ThirteenILA does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://infinitelearningacademy.net/ only with permission of a parent or guardian.  

Cancellation/Refund Policy

Cancellation of 1-on-1 Individual Sessions
A scheduled 1-on-1 individual session may be canceled for a full refund (excluding any processing fee) provided that the Course Instructor has received written notification of the cancellation at least 24 hours before the scheduled session. If a Course Participant misses a scheduled session (without the required 24-hour notification), then Course Participant shall be considered a 'no-show' for the scheduled session and the full fee for the scheduled session will be charged.

1-on-1 individual sessions will begin at the scheduled time, as agreed upon by the Course Instructor and the Course Participant.

A Course Participant who arrives late for a scheduled session may begin the session at the time that the Course Participant enters the virtual meeting room, but the the full amount of the session will be charged based on the original time for such scheduled session. Course Participants who are more than 15-minutes late for a scheduled session will be considered a 'no-show' and the full amount of the scheduled session will be charged. If a Course Participant is going to be late for a scheduled session, then notice should be sent to the Course Instructor before the scheduled session begins to avoid the session being considered a 'no-show'. If scheduled sessions are are repeatedly canceled (even with proper notification), then a nonrefundable service fee of 10% may be charged for each such session, and/or may result in termination of the virtual instruction arrangement, at the discretion of ILA.

Course Instructor may cancel a 1-on-1 individual session by giving at least 24 hours prior notice before the scheduled session, in which case no fees shall be incurred for such session. Where a scheduled session has been pre-paid, the Course Instructor shall reschedule the appointment at a time agreeable to both Course Instructor and Course Participant.

Cancellation of Multi-Session Courses

In addition to the 1-on-1 individual sessions described above, Course Instructors also provide multi-session online courses to Course Participants. Such multi-session online courses include a course description and predetermined schedule for a specified number of scheduled sessions, with enrollment in these multi-session courses typically limited to a specified number of Course Participants (all such multi-session online courses referred to as a "Course" and collectively as "Courses"). 

Course content and sessions are scheduled based on the information provided on the Site. Course Participants are registered for a selected Course through the Site, with the first scheduled session for the Course constituting the "Course Start Date." Courses published on the Site are offered throughout the year and certain courses may be offered with more than one Course Start Date or for specific age groups to maximize the learning environment for the Course and the Course Participants. A Course Participant may be registered for more than one course at a time, but it your responsibility to ensure that the Course Participant meets any stated requirements for each Course and that the Course Start Dates for multiple courses do not conflict with each other.

Once a Course Participant is registered for a Course, written notification of cancellation of such Course may be provided no later than weeks prior to the Course Start Date in order to receive a full refund of the fee for such Course.  If written notification of cancellation for such Course is received within two weeks prior to the Course Start Date, then 50% of the fee for such Course will be refunded. After the Course Start Date, any refund for cancellation of such Course will be allowed only at the discretion of ILA. 

Links to Third Party Sites/Third Party Services

https://infinitelearningacademy.net/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ILA and ILA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ILA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ILA of the site or any association with its operators.

Certain services made available via https://infinitelearningacademy.net/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://infinitelearningacademy.net/ domain, you hereby acknowledge and consent that ILA may share such information and data with any third party with whom ILA has a contractual relationship to provide the requested product, service or functionality on behalf of https://infinitelearningacademy.net/ users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use https://infinitelearningacademy.net/ strictly in accordance with these Terms of use. As a condition of your use of the Site, you warrant to ILA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of ILA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. ILA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of ILA and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of ILA or our licensors except as expressly authorized by these Terms.

Third Party Accounts

You will be able to connect your ILA account to third party accounts. By connecting your ILA account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by ILA from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the ILA Content accessed through https://infinitelearningacademy.net/ in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless ILA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ILA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ILA in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.

Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and ILA agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. INFINITE LEARNING ACADEMY, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

INFINITE LEARNING ACADEMY, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. INFINITE LEARNING ACADEMY, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INFINITE LEARNING ACADEMY, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INFINITE LEARNING ACADEMY, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

ILA reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Mexico and you hereby consent to the exclusive jurisdiction and venue of courts in New Mexico in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and ILA as a result of this agreement or use of the Site. ILA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ILA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ILA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ILA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ILA with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

ILA reserves the right, in its sole discretion, to change the Terms under which https://infinitelearningacademy.net/ is offered. The most current version of the Terms will supersede all previous versions. ILA encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

ILA welcomes your questions or comments regarding the Terms:

Email Address:

ila@infinitelearningacademy.net

Telephone number:

(502) 822-6868

Effective as of August 22, 2022