Terms and Conditions for Participation
These Terms and Conditions (the Agreement) govern participation by individuals who
enroll in any online coaching and training programs or courses described below
(collectively, the “Bootcamps”) offered by The Art of Scholarships, LLC, a North Carolina
limited liability company (“Provider”). By registering for, accessing, or participating in the
Bootcamps, you agree to be bound by this Agreement as of the date of your registration
(“Effective Date”).
1. Eligibility.
You represent that you are at least 18 years old and have the legal capacity to enter into
this Agreement. If you enroll any minor or third party, you represent that you have all
necessary authority and consents to do so and will ensure compliance with this
Agreement.
2.Program Description.
Provider will deliver the Bootcamps through live or recorded online sessions,
workshops, templates, tools, and other resources (collectively, the “Services”) to
educate participants about the college scholarship application process. Provider does
not guarantee any specific outcome or results.
3. Enrollment; Access; Schedule.
Upon timely payment of applicable fees, Provider grants you a limited, personal,
revocable right to access the Services during the program period stated at checkout or
in the order confirmation. Provider may reschedule sessions upon reasonable notice or
provide recorded alternatives at its discretion.
4. Fees; Payment; Taxes.
You agree to pay the fees disclosed at checkout or in an order form (the “Fees”) by the
stated due date. Fees are exclusive of taxes, duties, and charges, which you are
responsible for unless Provider is required to collect them. Access may be suspended
for non-payment. Fees are nonrefundable under any circumstances, except to the
extent a refund is required by applicable law.
5. No Refunds; Cancellations; Transfers.
All Fees are nonrefundable at all times, including before and after the Bootcamps’ start
dates; however, Provider may, in its sole discretion, permit a one-time transfer to a
future cohort or issue an account credit. Mandatory consumer rights under applicable
law are not limited.
6. Participant Conduct; Community Standards.
You agree to engage respectfully, follow program guidelines, and refrain from
harassment, abuse, unauthorized recording, or disruptive conduct. Provider may
remove any participant for violations of this Agreement or community standards without
refund.
7. No Professional Advice; No Guarantee of Results.
The Services are for educational purposes only and do not constitute legal, financial,
tax, or other professional advice. Provider does not guarantee outcomes, earnings,
admissions, awards, or any specific results. Decisions by third parties and external
factors are beyond Provider’s control.
8. Intellectual Property Ownership; Copyright and Trademark Notice.
All content made available in or through the Bootcamps, including curricula, lesson
plans, slides, videos, audio, workbooks, templates, checklists, scripts, software,
designs, graphics, and documentation (Materials), and all associated copyrights,
trademarks, service marks, trade dress, and other intellectual property rights are owned
by Provider or its licensors and are protected by applicable intellectual property laws.
Provider’s names, logos, product and service names, designs, and slogans are
trademarks of Provider or its licensors. Nothing in this Agreement grants any rights to
use Provider’s trademarks, service marks, or trade dress without Provider’s prior written
consent, and all goodwill and benefit arising from any permitted use of Provider’s marks
shall inure solely to the benefit of Provider.
9. License to Materials; Restrictions.
Subject to your compliance with this Agreement and payment of Fees, Provider grants
you a limited, non-exclusive, non-transferable, non-sublicensable license to access and
use the Materials solely for your personal, non-commercial use during and after the
Bootcamps to implement what you learn. You may not: (a) copy, reproduce, modify,
translate, adapt, or create derivative works from the Materials; (b) distribute, sell, rent,
lease, loan, publish, license or sublicense the Materials; (c) publicly display, perform,
post, or share the Materials outside your personal account or household; (d) remove,
obscure, or alter any copyright, trademark, or proprietary notices; or (e) use any
Provider trademark without express written permission.
10. User Content; Feedback License.
You retain ownership of content you submit or create during the Bootcamps (“User
Content”). You grant Provider a worldwide, non-exclusive, royalty-free license to use,
reproduce, display, perform, and create derivative works from User Content solely to
operate and improve the Services. If you choose to provide feedback, suggestions, or
testimonials (“Feedback”), you grant Provider a perpetual, irrevocable, worldwide,
royalty-free license to use the Feedback for any lawful purpose, including marketing,
without attribution or compensation, unless prohibited by law. Provider will not publicly
attribute your name or likeness to testimonials without your consent.
11. Affiliate Links
As a participant in the Services, you may have the opportunity to apply to participate in
Provider’s affiliate program. Acceptance into the affiliate program is subject to Provider’s
sole discretion. If accepted, Provider may provide you with a unique affiliate link that you
may share with prospective participants. For each prospective participant who registers
for and pays for the Services through your affiliate link, Provider may provide you with:
(a) a ten percent (10%) discount, credit, or other reduction toward the cost of the
Services for which you are registered; and (b) a commission equal to ten percent (10%)
of the fees actually received by Provider from such referred participant. Provider will
determine eligibility for, timing of, and method of payment or application of any affiliate
discount, credit, or commission in its sole discretion. Provider may terminate or suspend
your affiliate status at any time, with or without cause. Your participation in the affiliate
program does not create any employment, agency, partnership, joint venture, or
representative relationship with Provider, and you have no authority to bind Provider,
make representations or warranties on Provider’s behalf, or hold yourself out as
Provider or as an authorized representative of Provider.
12. Confidentiality.
You may gain access to Provider’s non-public information, know-how, and the Materials.
You agree to keep such information confidential and not disclose it to third parties or use
it for any purpose other than your participation in the Bootcamps, except as required by
law.
13. Acceptable Use; Security.
You will not share login credentials outside your household, circumvent access controls,
reverse engineer the Services, introduce malware, or interfere with the operation or
security of the Services.
14. Third-Party Resources.
The Services may reference or integrate third-party sites, tools, or resources. Provider
does not control or endorse third-party resources and is not responsible for their content
or availability. Your use of third-party resources is subject to their terms.
15. Technology Requirements.
You are responsible for obtaining compatible devices, software, and reliable internet
access. Provider is not responsible for failures or delays caused by your equipment,
software, or network.
16. Indemnification.
You will defend, indemnify, and hold harmless Provider and its affiliates, and their
respective officers, directors, employees, contractors, and agents from and against any
claims, losses, liabilities, damages, costs, and expenses (including reasonable
attorneys’ fees) arising from or related to: (a) your breach of this Agreement or
applicable law; (b) your User Content; or (c) your use or misuse of the Services or
Materials.
17. Disclaimers; Limitation of Liability.
THE SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE”.
PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, (i) PROVIDER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF
PROFITS, DATA, OR GOODWILL; AND (ii) PROVIDER’S TOTAL LIABILITY FOR ANY
CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED
THE FEES YOU PAID FOR THE BOOTCAMPS GIVING RISE TO THE CLAIM IN THE
TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
18. Force Majeure.
Provider will not be liable for delay or failure to perform due to events beyond its
reasonable control, including acts of God, labor disputes, Internet or hosting failures,
governmental actions, or public health emergencies. Provider may adjust schedules or
provide reasonable alternatives in such events in Provider’s sole discretion.
19. Term; Termination; Suspension.
This Agreement begins on the Effective Date and continues through the Bootcamps
period unless terminated earlier. Provider may suspend or terminate your access
immediately for breach or if your conduct poses a risk to others.
20. Governing Law; Dispute Resolution.
This Agreement is governed by the laws of Delaware, without regard to conflicts
principles. The parties will attempt in good faith to resolve disputes through discussions
within thirty (30) days. If unresolved, disputes will be submitted to binding arbitration
administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures,
with the arbitration seated in Mecklenburg County, North Carolina, and conducted on an
individual basis and not as a class or representative action. Judgment on the award
may be entered in any court with jurisdiction. Either party may seek injunctive relief in
court to protect intellectual property or confidential information.
21. Notices.
Notices must be in writing and are deemed given when sent by email with confirmation
of transmission or by a recognized overnight courier to the addresses provided at
checkout or, for Provider, to [Provider notice email/address].You must keep your contact
information current.
22. Assignment.
You may not assign or transfer this Agreement or your enrollment without Provider’s
prior written consent. Provider may assign this Agreement to an affiliate or in connection
with a merger, acquisition, or sale of assets.
23. Severability; Waiver.
If any provision of this Agreement is held invalid or unenforceable, the remaining
provisions will remain in full force and effect. No waiver is effective unless in writing and
signed by the waiving party, and a waiver of a breach is not a waiver of any other
breach.
24. Entire Agreement; Changes.
This Agreement, together with any order confirmation or enrollment terms referenced
herein, constitutes the entire agreement between you and Provider regarding the
Bootcamps and supersedes all prior understandings. Provider may update these Terms
by posting a revised version on Provider’s website; continued participation constitutes
acceptance of the updated Terms.
25. Acceptance.
By clicking “I accept Terms of Service and Privacy Policy,” checking a box, or otherwise
enrolling in or accessing the Bootcamps, you acknowledge that you have read,
understood, and agree to be bound by this Agreement.
