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Terms and Conditions

MacGillis Education Group LLC
Terms and Conditions

MacGillis Education Group LLC ("MacGillis Education Group", "we", or "our") operates www.macgilliseducation.com ("Website") and provides classes, tutoring and other educational services, as more specifically set forth on the Website and in accordance with the course listing you select during the enrollment process ("Services"). Please read these Terms and Conditions ("Terms", "Terms and Conditions", or "Agreement") carefully before using the Website. These Terms and Conditions apply to all users and others who wish to access or use the Services.

The words "you" and "your" are used as substitutes for users of our Website and/or Services. Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms and Conditions. 

By accessing or using the Services, you agree to be bound by these Terms and Conditions. If you disagree with any part of the Terms and Conditions, you do not have permission to access or use Our Services. 

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1. ACCEPTANCE OF TERMS AND CONDITIONS.

By registering to use our Services in any manner, including but not limited to visiting or browsing the Website and/or a related third-party software or service, you agree to these Terms and Conditions and all other operating rules, policies and procedures that may be published from time to time on the Website by MacGillis Education Group, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.

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Certain aspects of the Services we provide may be subject to additional terms and conditions specified by us from time to time. Your use of such Services is subject to those additional terms and conditions incorporated into these Terms and Conditions by reference.

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These Terms and Conditions apply to all Website and/or Services users, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

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2. REGISTERING YOUR CHILDREN.

In order to access certain features of our Services and to register your child, parents may be provided an online enquiry form to fill which will include details and information about the class for which you would like to register your child. MacGillis Education Group may reach out to the parents via e-mail or other means about the class availability for confirmation and send an invoice for the cost of the class to be enrolled.

 

3. ONLINE ENQUIRY DATA.

When filling out the online enquiry form, you agree to provide true, accurate, current and complete information about yourself and your children as prompted by the enquiry form. You represent that you are (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not a person barred from using MacGillis Education Group Services or Website under the laws of the United States, your place of residence or any other applicable jurisdiction. 

4. THE SERVICES.

You may purchase a wide range of our Services. MacGillis Education Group determines the type, quantity and availability of activities and services offered at its sole discretion.

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5. PAYMENTS AND BILLING.

5.1 Paid Services. Certain aspects of our Services may be subject to payments now or in the future (the "Paid Services"). Please note that any payment terms presented to you in the process of using or signing up for Paid Services are deemed part of this Agreement.

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5.2 Registration. We may use a third-party software or service to assist with the registration and enrollment process (the "Registration Processor"). you to use the Paid Services and/or collect payment. The process of registration and enrollment will be subject to the terms, conditions and privacy policies of the Registration Processor in addition to this Agreement. We reserve the right to correct any errors or mistakes that Registration Processor makes. BUT MACGILLIS EDUCATION GROUP SHALL NOT TO BE HELD RESPONSIBLE FOR ERROR BY THE REGISTRATION PROCESSOR. MACGILLIS EDUCATION GROUP SHALL NOT TO BE HELD RESPONSIBLE FOR ANY DAMAGES, INJURIES, OR LOSSES THAT OCCUR WHILE YOU ARE USING REGISTRATION PROCESSOR’S WEBSITE, APPS, PRODUCTS OR SERVICES.

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5.3 Billing. We use may a third-party payment processor to bill you to use the Paid Services and/or collect payment (the "Payment Processor"). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes, even if it has already requested or received payment. BUT MACGILLIS EDUCATION GROUP SHALL NOT TO BE HELD RESPONSIBLE FOR ERROR BY THE PAYMENT PROCESSOR. MACGILLIS EDUCATION GROUP SHALL NOT TO BE HELD RESPONSIBLE FOR ANY DAMAGES, INJURIES, OR LOSSES THAT OCCUR WHILE YOU ARE USING PAYMENT PROCESSOR’S WEBSITE, APPS, PRODUCTS OR SERVICES.

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5.4 The Following Terms Apply to Parents or Legal Guardian Who Want to Register Their Children for Services or Events:

1. Terms Binding Upon Minors. As a parent or legal guardian, when you enroll one or more of your children, you represent that you are the parent or legal guardian of all such individuals under the age of 18 who will be using our Services or participating in any events ("Children"). You agree that these Terms and Conditions are also binding upon your Children.

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2. Fees Payment and Schedule. As a parent or legal guardian, you agree to make payment for the Paid Services. You agree that failure to pay for the Services by the due date set by MacGillis Education Group will mean you will not receive the information, login, documents or other course material, and your Children will not be enrolled. Except as otherwise provided, all fees and interests paid in connection to the Services rendered by MacGillis Education Group must be made through a third-party electronic payment processor and are not refundable.

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3. Charges.  If any check or other payment to MacGillis Education Group is returned, rejected or dishonored, MacGillis Education Group or any third party on its behalf, as applicable, may to the extent permitted by law, assess a charge of fifty dollars ($50.00) for each returned check in addition to a charge equal to the total of all charges, costs and expenses incurred by MacGillis Education Group in connection with the collection, and MacGillis Education Group may charge such other fees as may be permitted by applicable law (collectively, "Charges"). Any Charges shall be considered due and payable to MacGillis Education Group immediately.

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4. Class Guarantee. You acknowledge and agree that MacGillis Education Group does not and cannot guarantee that any particular classes, lessons, events, course materials, will be available. In some cases, classes, lessons or events displayed as available on the Website may not be available. MacGillis Education Group reserves the right to reschedule or cancel any class for any reason without notice. 

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5. One-on-One Lessons. 

  • Scheduling:  You agree to timely furnish to us, at your own expense, any and all information requested by us or otherwise needed by us to perform the Services. The one-on-one lessons will be pre-scheduled by you in a manner determined in our sole discretion. Except as otherwise provided, all one-on-one lessons must be scheduled at least twenty-four (24) hours in advance and we may, in our discretion, refuse to schedule a lesson if you want to book it within twenty-four (24) hours of the lesson.

  • Cancellation: We may, in our sole discretion, cancel or reschedule a lesson due to unexpected circumstances without penalty. MacGillis Education Group reserves the right to change or cancel a lesson at any time without penalty. In such event, we will use our best efforts to provide twenty-four (24) hours’ notice of a change in lesson’s date or time, and to reschedule the lesson at your convenience. If the lesson cannot be rescheduled, a refund of the fee for that lesson will be issued. 

 

If you or your child cannot attend a lesson, you must cancel it at least twenty-four (24) hours in advance of the scheduled lesson. The cancellation must be provided by you to us in writing and confirmed in writing by us. If no written notice is provided or the Session otherwise is not timely cancelled, you are responsible for payment of the entirety of the fee for said lesson, and we do not guarantee that the lesson will be rescheduled. MacGillis Education Group reserves the right in its discretion to refuse to reschedule a lesson or elect the date upon which the lesson shall be rescheduled. 

 

  • Tardiness/Absence: You understand and agree that if you or your child is late to the lesson, or if you or your child needs to leave the lesson for any period of time, additional time will not be added to the lesson to accommodate the loss of lesson time, and you remains responsible for payment of the entirety of the fee for the lesson. If you or your child misses a lesson, MacGillis Education Group may, but is not required, to reschedule the missed lesson, and you are still responsible for payment of the entirety of the fee for the missed lesson, regardless of whether it is rescheduled by MacGillis Education Group.

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6. Classes of Group Courses. 

  • Scheduling:  You understand and agree that each class for a group course will be scheduled at a pre-determined date and time by MacGillis Education Group and in our sole discretion. You shall not have any input as to the date or time of the group course and your or your child’s enrollment in the course will be an agreement to attend each class at the date and time provided in advance by us. You will be notified of the pre-selected date and time of the course during your enrollment in the course or via our website.

 

  • Cancellation: We may, in our sole discretion, cancel or reschedule a class due to unexpected circumstances without penalty. MacGillis Education Group reserves the right to change or cancel a class at any time without penalty, and in such event, we will use our best efforts to provide twenty-four (24) hours’ notice of the cancellation. Upon a cancellation, the class will be made up on the date and time provided by MacGillis Education Group, and we reserve the right to reschedule a cancelled class on a different day and time than it is typically provided. We will notify you as soon as reasonably practicable upon selecting the make-up date and time for the cancelled class. If one or multiple classes of a course cannot be rescheduled, a refund of the fee for these classes will be issued. 

 

  • Tardiness/Absence: You understand and agree that it is your or your child’s sole responsibility to attend each class and arrive to the meeting on time and with proper functioning equipment to participate. If you or your child fails to timely arrive to a class or attend or participate in a class altogether, the class will not be delayed or rescheduled for you or your child. You remain wholly responsible for payment of the entirety of the fee, regardless of whether you or your child misses a class or arrives late to a class. MacGillis Education Group may, in its sole discretion, provide accommodations that we, in our sole discretion determine are adequate, to any student who was unable to participate in a class. 

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7. Availability of Instructors. You acknowledge and agree that MacGillis Education Group does not and cannot guarantee that the availabilities of the Instructors. When an Instructor become unavailable for a scheduled lesson, class or course, MacGillis Education Group may, in its sole discretion, offer a similarly qualified Instructor for the lesson or course, or cancel it without penalty and without advanced notice. 

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6. TRADEMARKS.

MacGillis Education Group's stylized name and other related graphics, logos, service marks and trade names, collectively and any portion thereof, are the trademarks of MacGillis Education Group. They may not be used in whole or in part, in any manner, without permission in connection with any third-party products or services. Other trademarks, service marks and trade names, whether registered or unregistered that may appear on or in MacGillis Education Group materials are the property of their respective owners.

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7. OWNERSHIP AND INTELLECTUAL PROPERTY.

7.1 Ownership. MacGillis Education Group owns and shall at all times retain all rights, title, ownership and interest in and to all documents, templates, forms, training, presentations, manuals, articles, photos, worksheets, videos, or other materials owned or created by, or licensed to, MacGillis Education Group prior to or during this Terms and Conditions and provided to you to complete the Services ("Work Product"). Unless expressly agreed to in writing by MacGillis Education Group, you or your child shall not at any time or in any manner during and after your engagement with MacGillis Education Group, under any circumstances, be entitled to or claim any right, title or interest to our Work Product, including any intellectual property rights therein. 

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7.2 Limited License. MacGillis Education Group grants you a revocable, non-exclusive, royalty-free limited license to use any Work Product used during the performance of the Services hereunder and provided to you or your child by MacGillis Education Group, to be used solely by you or your child for the completion of the Services and personal learning and only for your or your child’s individual educational development. You or your child may not, directly or indirectly, reverse engineer, decompile, disassemble, share, recreate, reproduce, modify, translate, or create derivative works based on the Services or our Work Product, or remove any proprietary notices or labels. 

 

8. CONFIDENTIALITY.

You understand and agree that the information provided to you or your child by MacGillis Education Group or any individual providing teaching Services ("Instructor") in the course of the Services, including all our Work Product, whether in print, written, oral, electronic or other forms or mediums, is the confidential and proprietary information of MacGillis Education Group ("Confidential Information"). You agree to treat such designated Confidential Information with the same degree of confidentiality and care as you do with your own confidential information, and you agree not to publicly disclose or use any Confidential Information for any purpose other than completing the Services without the prior written consent of MacGillis Education Group. Upon termination of the Services or the Terms and Conditions, you agree not to copy, reproduce, share or otherwise disseminate the Confidential Information, but may continue using and retaining the Confidential Information for personal learning and as an individual learning resource. You or your child shall not make extra copies of any Confidential Information or share the course material or Confidential Information with anyone.  

 

9. RULES OF CONDUCT.

9.1 As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms and Conditions. You are responsible for all of your or your child’s activity in connection with the Services, whether or not the actions were yours.

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9.2 You also agree not to (i) circumvent the platform by poaching our Instructors for your child or any third-party; (ii) requesting for Instructors’ contact information for the purpose of organizing an outside class without our consent; or (iii) harass any of our Instructors. You are also advised to report to MacGillis Education Group any incidents whereby an Instructor solicits to organize an outside class for students. MacGillis Education Group shall not be liable for the transaction between the Instructors and the parents or legal guardians for any services conducted outside the scope of the Services offered by MacGillis Education Group.  

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9.3 You represent, warrant and agree that you shall not (and shall not permit any third party to) (i) take any action; (ii) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any of our content; or (iii) otherwise use or interact with the Services in a manner that:

  • Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty.

  • You know is false, misleading, untruthful or inaccurate.

  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.

  • Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail.

  • Utilizes software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or any third party.

  • Impersonates any person or entity, including any of our contractors, employees or representatives.

  • Obtains and/or discloses anyone's identification documents or sensitive financial information.

  • Copies or stores any significant portion of our files, materials and other content.

 

9.4.  You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

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9.5.  You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

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9.6.  We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms and Conditions, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.

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10. CLASS RECORDINGS

MacGillis Education Group may record classes or lessons (“Class Recordings”) and store the recordings using third-party software, such as Zoom. The use of Class Recordings is extremely limited. Class Recordings may be made available (i) to the Instructors for training purposes; and (ii) to students who missed classes or lessons or who wish to review the recordings for their personal educational purposes. In addition, MacGillis Education Group may use Class Recordings to provide and improve our Services, for customer support, and for compliance purposes. In certain conditions, MacGillis Education Group may ask to use Class Recordings for business purposes or marketing initiatives.

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Notwithstanding the foregoing, MacGillis Education Group will delete Class Recordings earlier than two years under the following circumstances (i) upon the request of a parent for privacy reasons; or (ii) upon the reasonable determination of MacGillis Education Group that a Class Recording should be removed to protect the privacy of certain individual. We will not use Class Recordings containing images of you (or your child) for any other purposes without your express written consent.

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By using the services, you consent to you and/or your child appearing in Class Recordings for the limited purposes set forth above.

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11. THIRD-PARTY SERVICES.

Our Website may permit you to link to other websites, services or resources on the internet, and other websites, services, or resources may contain links to our Website. MacGillis Education Group may also use third-party services or software for registration, payment processing, teaching, marketing, communication. When you access these third-party services and resources on the internet, you do so at your own risk. These services and resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between their operators and us. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website, service or resource.

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12. WARRANTY DISCLAIMER.

12.1 We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding (i) which users gain access to the Services; (ii) what content you access via the Services; (iii) how you may interpret or use the content; or (iv) your participation in any activity or Services.

 

12.2 You release us from all liability for you having acquired or not acquired content through the Services. We make no representations concerning any content contained in or accessed through the Services. We will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the Services.

 

12.3  THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

 

12.4 MacGillis Education Group takes reasonable measures prior to hiring any Instructor to assess and verify the individual’s qualifications, competency and ability to instruct students in the applicable courses and lessons. MacGillis Education Group makes no warranties, representations or guarantees as to any Instructor’s background or criminal history. If you decide to utilize any Instructor for other personal services or tutoring services, MacGillis Education Group is not responsible in any way for any Instructor’s conduct outside of providing our Services. 

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13. INDEMNIFICATION.

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from and against any and all suits, proceedings, claims, damages, losses, demands, judgments, costs, fines, penalties, interest or expenses or other liabilities, including but not limited to court costs and reasonable attorneys' fees, that arise from, relate to or attributable to (i) our performance under this Agreement, unless due to gross negligence or willful misconduct; (ii) your use or misuse of, or access to, the Website and Services (or their related content), or otherwise information or content provided by you; (iii) any breach of this Agreement by you; or (iv) any infringement by you, or any third party using your identity (or related information) in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

 

14. LIMITATION OF LIABILITY.

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING); (II) FOR ANY INJURY, INCLUDING, WITHOUT LIMITATION, PERSONAL, BODILY, OR MENTAL INJURY, OR ANY DAMAGE TO YOU, YOUR CHILDREN, AGENTS, GUESTS, REPRESENTATIVES OR OTHER THIRD PARTIES ARISING OUT OF OR RELATING TO THE SERVICES; (III) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $100.00.

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15. GOVERNING LAW/ARBITRATION.

PLEASE READ THIS SECTION CAREFULLY. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY.

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The laws of the State of Maryland shall govern these Terms and Conditions without giving effect to conflict of laws principles. You agree that any dispute, claim, or disagreement between you and MacGillis Education Group shall be resolved exclusively by arbitration. Arbitration is a process in which persons with a dispute(s): (i) agree to submit their dispute(s) to a neutral third person (an "arbitrator") for a decision; and (ii) waive their rights to file a lawsuit in court to resolve their dispute(s). Each party to the dispute(s) has an opportunity to present some evidence to the arbitrator. Pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision resolving the dispute(s), which may be enforced as a court judgment. A court rarely overturns an arbitrator's decision.

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THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:

For purposes of this Arbitration Provision the words "dispute" and "disputes" are given the broadest possible meaning and include, without limitation (i) all claims, disputes, or controversies arising from or relating directly or indirectly to the signing of this Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision; (ii) all federal or state law claims, disputes or controversies, arising from or relating directly or indirectly to this Agreement (including the Arbitration Provision), the information you gave us before entering into this Agreement, and/or any past agreement or agreements between you and us; (iii) all counterclaims, cross-claims and third-party claims; (iv) all common law claims, based upon contract, tort, fraud, or other intentional torts; (v) all claims based upon a violation of any state or federal statute or regulation; (vi) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (vii) all claims asserted by you individually against us and/or any of our employees, contractors, agents, directors, officers, shareholders, managers, or affiliated entities (hereinafter collectively referred to as "related third parties"), including claims for money damages and/or equitable or injunctive relief; (viii) all claims asserted on your behalf by another person; and/or (ix) all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and/or related third parties.

 

All disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association in effect at the time of the dispute. The cost of the arbitration will be borne equally by the parties. The arbitration award will be final and binding and may be enforced by any court in the State of Maryland. 

Only disputes involving you and MacGillis Education Group may be addressed in the arbitration. This means that the arbitration may not address disputes involving other persons with disputes similar to the disputes between you and MacGillis Education Group.

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The arbitrator shall have the authority to award any legal or equitable remedy or relief that a court could order or grant under this Agreement. All statutes of limitations that apply to any dispute shall apply to any arbitration between you and MacGillis Education Group. The arbitrator will issue a decision or award in writing, briefly stating the essential findings of fact and conclusions of law.

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Binding Effect. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors, and assigns. The Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. The Arbitration Provision continues in full force and effect, even if your obligations have been prepaid, paid, or discharged through bankruptcy. The Arbitration Provision survives any termination, amendment, expiration, or performance of any transaction between you and MacGillis Education Group. It continues in full force and effect unless you and MacGillis Education Group otherwise agree in writing.

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Severability. If any portion of this Arbitration Provision is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Provision, unless the provision precluding the arbitrator from conducting a class arbitration as set forth above is deemed invalid or unenforceable, in which case this entire Arbitration Provision shall be deemed void.

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16. EXPORT CONTROL.

MacGillis Education Group controls the Website from its headquarters in the United States and makes no representation that the content and Services are appropriate or available for use in other countries outside the United States. 

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If you use the Website from other locations, you are responsible for compliance with applicable state and federal laws, including, but not limited to, export and import control laws and regulations of the United States. No software from this Website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or connecting to MacGillis Education Group, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

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If you use the Services from a foreign country, you, but NOT MacGillis Education Group, are responsible for compliance with applicable laws and regulations in that country. By registering to use the Services in any manner or paying for our Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country where the offering, providing, using, or any related activities concerning the Services would violate any applicable laws or regulations in that country.  You agree that if MacGillis Education Group becomes aware that the Services are not appropriate in the country or territory where you locate or reside, we immediately terminate the Services without refunding any fees.  You also agree to defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from and against any and all suits, proceedings, claims, damages, losses, demands, judgments, costs, fines, penalties, interest or expenses or other liabilities, including but not limited to court costs and reasonable attorneys' fees, that arise from, relate to or attributable to your misrepresentation, ignorance of the law and regulations, or omission of the relevant facts. 

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17.  CHILDREN'S ONLINE PRIVACY PROTECTION ACT.

MacGillis Education Group complies strictly with applicable laws and regulations, including the Children's Online Privacy Protection Act, to protect children's online privacy. MacGillis Education Group does not:

  • Collect online contact information from children under the age of 13 without prior parental notification and consent, including an opportunity for the parent to prevent the use of the information and the child's participation in the related activity. Without prior parental consent, online information will only be used to respond directly to a child's request and will not be used for other purposes.

  • Collect the personally identifiable offline contact information of a child under age 13 without prior parental consent.

  • Distribute to third parties any personally identifiable information relating to a child under age 13 without prior parental consent.

  • Give children under age 13 the ability to publicly post or otherwise distribute personally identifiable contact information without prior parental consent.

  • Entice any child by the prospect of a special game, prize, or other activity, to divulge more information than is needed to participate in the activity.

 

18. MODIFICATION.

MacGillis Education Group reserves the right, in our sole discretion, to modify or replace any of these Terms and Conditions, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you a notice through the Services, via e-mail or by another appropriate means of electronic communication. MacGillis Education Group may also impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability. It is also your responsibility to periodically check these Terms and Conditions for changes. Your continued use of the Services following notification of any changes to these Terms and Conditions constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms and Conditions in effect at the time of such use.

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19. MISCELLANEOUS.

19.1 Entire Agreement and Severability. These Terms and Conditions are the entire agreement between you and MacGillis Education Group with respect to the Services, including use of the Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and MacGillis Education Group with respect to the Services. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable.

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19.2 Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

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19.3 Assignment. These Terms and Conditions are personal to you and are not assignable, transferable, or sublicensable, except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without your consent.

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19.4 Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect.

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19.5 Notices. Unless otherwise specified in these Terms and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@macgilliseducation.com. 

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19.6 No Waiver. Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to enforce it or any other part of these Terms and Conditions at a later time. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, there must be a written notice of such waiver from one of our authorized representatives.

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19.7 Headings. The section and paragraph headings in these Terms and Conditions are convenient only and shall not affect their interpretation.

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19.8 Contact

MacGillis Education Group LLC.

P.O. Box 521

12975 Highland Rd.

Highland, MD 20777

info@macgilliseducation.com 

 

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