Terms and Conditions

The following are the terms and conditions for use of the “Academy of Mine” platform described herein. This is a service provided by “Academy of Mine” hereafter be referred to as (“Academy of Mine”,”we”, “us”, “AOM”).Please read these terms carefully. BY CLICKING THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF these terms of service (“AGREEMENT”). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

The purpose of this terms and conditions is to help ensure that all information provided by you will not be used for any other activity other than what you (visitor/client) and we (Academy Of Mine) agree upon. Our goal is to provide you with a satisfying experience while allowing you to control your privacy and to give you a means to voice any questions or concerns you may have.

This policy applies only to Academy Of Mine and not to other companies’ or organizations’ websites to which our website is linked.

Collection of information for visitors

Information is collected from you only if your consent is given. For example, if you sign up for our free newsletter, you will be required to give us your email address. This email address will be used for the sole purpose of sending your your free newsletter and nothing else. Any information you provide us with will not be sold or distributed to any third party and will not be used by Academy Of Mine for anything other than the original purpose intended.

Academy Of Mine collects two types of information. The first type is anonymous information. For instance, we may collect information to tell us that five thousand people visit this page today, but we do not know their names, email address, or their date of birth – they are ‘anonymous’ to us. Many of the individuals who access our services are anonymous to us.

The second type of information that Academy Of Mine collects is personal information. Academy Of Mine will collect personal information that lets us know the specifics of who you are such as your name, email address, or postal address, when you provide it to us. With this information, Academy Of Mine can send you products and communicate through email with you.

We will specifically ask for personal information about you when you sign up to purchase our products. Certain information may be required, such as your name, internet address or screen name, billing address, type of computer, credit card number, in order to provide our service or product to you.

How much of your personal information that you choose to disclose to Academy Of Mine is completely up to you. The only way we know something about you personally is if you provide it to us.

Use of anonymous information

Academy Of Mine automatically gathers anonymous information to monitor the use of our website, like the numbers and frequency of visitors to our web site, very much like television ratings that tell the networks how many people tuned in to a program. We only use such data in the aggregate. This collective data helps us determine how much our audiences use parts of the site, so we can improve our web site to assure that it is as appealing as we can make it for as many users as possible.

Use of Personal Information

Academy Of Mine will only use the personal information you have chosen to provide us for the purpose for which you provided it. We will not use it for any other purpose without your consent. We do not even provide a list of our current (paid) members to our potential (pre-sale) members.

Disclosure

There will be occasions where it will be necessary for Academy Of Mine to disclose your personal information to third parties. We may be required by law to disclose the information, or we may be required to disclose your personal information to third parties to provide the service you have requested, for example, if you purchase products online from us, Academy Of Mine will need to disclose your personal information to third parties in order to bill and deliver your products. However, the disclosure will only be made where it is necessary to fulfill the purpose for which you disclosed your personal information (For example, if you pay through PayPal for our services then PayPal will need to know your billing details). Otherwise than stated above, we do not disclose personal information that you may give us, such as your name, address, email address or telephone number, to any organization or person outside Academy Of Mine unless you have authorized us to do so.

No sale of personal information

Under no circumstances will Academy Of Mine sell or receive payment for licensing or disclosing your personal information.

Domain registration

When you sign up for our services, you are advised to provide us with a domain that you will use. We prefer not to register the domain for you because you owning your domain is easier to maintain and if you ever cancel, you keep your domain.

You have the option to ask us to set you up on our subdomain (.e.g clientname.academyofmine.com) as well.

If you change the domain name in future, there is a one time fee of $49 to perform the service. We will notify you of this charge before proceeding and after your consent, the domain name update will be performed.

Third party Applications and Licenses

We utilize a combination of free and paid third party tools to integrate within Academy Of Mine platform along with our own custom code. If the terms and services of those third party changes, we will have to make adjustments accordingly as well. We cannot guarantee the availability of those third party tools as part of our platform and if needed, we will notify our clients about the changes.

Security

Academy Of Mine operates secure data networks that are designed to protect your privacy and security. Our e-commerce site (woocommerce & Stripe) has it’s own Security and Privacy Issues document which can be found on their websites. We do not store any sensitive information such as Credit card numbers on our servers. Credit Card numbers are stored on our payment processor’s server which are PCI Compliant and have Bank grade encryption.

However, you are responsible for ensuring your website is secure and your passwords are protected at all times.

Backups

Academy of Mine performs daily backups of the client sites including both files and database. However, in the event of an extreme catastrophic event such as storms, earthquakes etc, we cannot guarantee a full retrieval of your accounts and are not liable for the loss of data. We will do our best to work with you to retrieve your data as much as possible in such events. In such cases however, we will refund any fee charged during that month.

What if Academy Of Mine is sold or goes out of business

In case we go out of business or if we get sold to another entity, we will work with our clients to ensure that they can take their data to another platform that can host “wordpress” which is our core platform. We will help them export their entire site with us (files and database) in a compressed file format such as zip. We will however not perform any setup, configuration or maintenance on the new platform and it will be the client’s responsibility. We also cannot guarantee that all features and functionality that were working on our platform will work on the new platform as-is.

Data Collection for paid members

Academy of Mine collects and monitors data from our paying members’ website usage (traffic stats, sales stats, conversion stats, social network stats and so on). We do this because it helps us make our system better optimized for eCourse sales and traffic growth. For instance, if we look at what our top 10 members are doing to achieve high conversion rates, or high traffic levels wouldn’t it be best to re-design our system or create a new strategy based on our findings that allows all of our members to take advantage of the findings from our aggregate data? For example, let’s say that 10 members are using our shopping cart and 10 members are using direct checkout (skipping the cart page). If we notice a big conversion rate improvement on the sites using direct checkout we will then create a strategy tutorial that shows our findings (no personal or website information is ever published). All data will be presented in an anonymous way and none of your site information will be discussed outside of Academy of Mine. However, we have full admin access to your account.

Warranty Disclaimer.

THE PRODUCTS, SITE, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR THE PRODUCTS ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.

Limitation of Liability.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE HEREUNDER UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT OR NEGLIGENCE, FOR ANY LOSSES, UNLESS SUCH LOSSES WERE REASONABLY FORESEEABLE AT THE TIME YOU AGREED TO THIS TERMS. THE COMPANY’S TOTAL LIABILITY HEREUNDER SHALL BE LIMITED TO THE AMOUNTS PAID IN CONNECTION WITH THE COURSES OR PRODUCTS UNDER WHICH SUCH LIABILITY AROSE. THIS SECTION DOES NOT EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY FOR FRAUD, FOR DEATH, OR FOR PERSONAL INJURY RESULTING FROM NEGLIGENCE, OR FROM ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.

Indemnification

You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under this Section, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.

Cancelling your subscription within the trial period of 30 days

If you cancel your membership with Academy Of Mine within the trial period, you will not be able to take an extract of any content you have built on the AOM platform.

Cancelling your subscription after the trial period of 30 days

If you cancel your membership with Academy Of Mine after the trial period, you lose all of the licenses that you receive as our member. You will lose your SSL certificate, your hosting and most software hosted on that server (including social features of your student backend, your affiliate program, your chat features and so on) and any 3rd party service that is provided to you when using our platform.

If you want to take your website to another host, we can provide an extract but cannot guarantee full functionality as a lot of code is platform dependent and may not function correctly on a different platform. Moreover, this extract will strip out some of our custom code, licenses including 3rd party functionality.

Once cancelled, you will need to ensure that your domain no longer points to AOM servers.

Money Back Guarantee

We offer a  full 30 day money back guarantee if you’re not happy within the first month.  After 30 days, there is no refund.

Client Responsibility

The platform is a Do-It-Yourself platform which means clients are responsible for using the platform to build their website, courses etc. Academy Of Mine is in no way responsible for ensuring that clients use the platform actively. We provide support with any questions or issues but we will not do the work for you and we are not responsible for clients not being able to build their content using the platform. If such case occurs, clients are free to cancel the service but will not be refunded if they are past 30 days since they signed up. Academy Of Mine takes no responsibility for clients inability to use the platform for their needs. We are not obligated to provide a working solution to you. We only provide a platform on which clients have to build upon.  We are not responsible for any client damages including but not limited to monetary, arising from not being able to utilize the platform.

Complaints about privacy

If you have any complaints relating to online privacy issues on our websites, please notify Academy Of Mine by visiting our contact page. While Academy Of Mine accepts no liability for any material or links posted to the service, we will investigate all complaints.

Fees & Taxes

Academy of Mine members only pay their monthly fee to Academy of Mine. However, members will also be required to pay for any overages incurred (including bandwidth and storage) as well as any third party fees such as Credit Card or Paypal Processing fees.

If you are required by your business jurisdiction to collect taxes on your products, you are responsible to configure and collect the taxes from your customers. Academy of Mine can help with those setup but are not responsible for ensuring that you collect the necessary taxes as required by law in your business jurisdiction.

On the income that you generate from Academy of Mine platform by selling your courses or other similar products, you are responsible to file any required tax documents including but not limited to income taxes, sales taxes, VAT etc. on your own. Academy of Mine does not take the responsibility to file any taxes on your behalf with any agency.  However, if you are using certain payment processors, they may provide you with a tax document during a tax year end and you are solely responsible for collecting those documents and information directly from the payment processors.

Right to Refuse and Cancel Members

Academy of Mine maintains the right to refuse a member from joining our service. We also maintain the right to discontinue the service of a client for any reason, including, but not limited to:

– If a client is not up to date with their payments (accounts are temporarily suspended after 12 days. Accounts are disabled after 30 days).
– The client is rude, threatening, abusive or makes our working condition unusually unpleasant
– The client is a cost to have after their first month.
– If the client requires custom work that is beyond the scope of our services.
– If a client abuses our email service (sending unsolicited emails, using email lists they have purchased, including misleading email titles or not including unsubscribe option required by CanSpam.
– If the client tries to sell any products that are outside the scope of allowed products (see section “Selling Products using Academy of Mine platform: General Rules” below)

Additional Space & Additional Services

If you need additional services from Academy of Mine (for example more storage, more bandwidth etc), you’ll need to sign up for one of our higher level services or buy additional resources as add-ons. It’s best to upgrade services before you need to in order to avoid service disruption.

Selling Products using Academy of Mine platform: General Rules

Our platform is designed for clients to create and sell materials related to online learning including Courses, E-Courses or products related to learning domain.

– You will not sell any products that are not courses, e-courses or at least related to learning and education.

– Academy of Mine reserves the right to terminate your membership immediately if use the platform to sell any items that are out of scope of what we allow.

– Even if the content you create are related to learning and education, you cannot create products that teach any unlawful activity.

Lawful use of Academy of Mine platform

You may not Use Academy Of Mine Products or Services for any unlawful purpose. Without limiting the foregoing: 

(a) Academy Of Mine Products or Services may not be Used to store, display, or distribute child pornography and may not be Used in violation of U.S. export control laws or the export or import regulations of other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import as may be required. 

(b) You may not Use Academy Of Mine Products or Services if you are a citizen, national, or resident of, or are under control of, the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, Iraq, Morocco, Nigeria, Tunisia, Pakistan, Algeria, Afghanistan, Saudi Arabia, or any other country to which the United States has prohibited export. Each time you Use Academy Of Mine Products or Services you represent, warrant, and covenant that: (i) You are not a citizen, national, or resident of, nor under the control of, any such country to which the United States has prohibited export; (ii) You will not download or otherwise export or re-export the Software, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries; (iii) You are not listed on the U.S. Department of Treasury’s Lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, the U.S. Department of State’s List of Statutorily Debarred Parties, or the U.S. Department of Commerce’s Denied Persons List, Entity List, or Unverified List Table of Denial Orders; (iv) You will not download or otherwise export or re-export the Academy Of Mine Software, directly or indirectly, to persons on the above mentioned lists; (v) You will neither Use nor allow the Academy Of Mine Software to be Used for, any purposes prohibited by United States federal or state law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction; (vi) The Academy Of Mine Software will not be exported, directly, or indirectly, in violation of these laws, nor will the Academy Of Mine Products or Services be Used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.

(c) If Metadata checking (i.e. contact form titles) reveals that an account has content relating to phishing, malicious files or software, software piracy or any copyrighted data with the intent to distribute (i.e. torrents)

– You will not sell any products that are not courses, e-courses or at least related to learning and education.

– Academy of Mine reserves the right to terminate your membership immediately if use the platform to sell any items that are out of scope of what we allow.

Email Marketing: General Rules

– You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website at http://spamhaus.org/definition.html.

– You won’t put into your Email any material, including graphics or other content, that is not created by you, not provided by us for you to use, or that would violate any other party’s rights.

– You won’t use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any Emails created or sent using our Service.

– You won’t upload or compose emails that contain or offer any illegal content, goods, or services.

– You won’t share your password.

– You won’t try to decipher, decompile, disassemble, or reverse engineer any of the software on our Website, or in any way used or downloaded from the Website.

– You won’t set up multiple accounts for any individual or entity in order to send substantially similar content, unless you’re part of a franchise.

– You won’t import or incorporate any of this information into any lists, emails, or uploads to our servers: Social Security Numbers, passwords, security credentials, or sensitive personal information of any kind.

A full list of email marketing rules can be found here:

Plugin Support

We provide full support for the plugins and extensions that come bundled with our service once you sign up with us. However, we do not provide any support for plugins, custom code or extensions that are not part of our default installation. We can, however, discuss your needs for custom solutions and can work with you on a case by case basis.

Jurisdiction

These Terms and Conditions are governed by and to be interpreted in accordance with the laws of the State of New Jersey, United States and in the event of any dispute arising in relation to these Terms and Conditions or any dispute arising in relation to the Website whether in contract or tort or otherwise the New Jersey courts will have exclusive jurisdiction over such dispute, unless mandatory applicable law requires otherwise.

Changes to Terms and Conditions

Academy of Mine may change these Terms and Conditions from time to time. Such amended Terms and Conditions shall be effective upon publication on this Website. By accessing and using this Website you are accepting that you are bound by the current terms and conditions and disclaimer. Please check these Terms and Conditions regularly to ensure that you are aware of all terms governing your use of  our platform.

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