TERMS AND CONDITIONS
INTRODUCTION
PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY.
THE TERMS AND CONDITIONS ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY PARENT ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ENROLLING A STUDENT IN MAASAI METHOD, THE PARENT OR GUARDIAN (‘Parent’) AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS.
OTHER SITE POLICIES
PLEASE REVIEW OUR TERMS & CONDITION, RETURN POLICY, PRIVACY AND COOKIES POLICY (COLLECTIVELY, THE “SITE POLICIES"). ALL SITE POLICIES ARE INCORPORATED IN THESE TERMS AND CONDITIONS BY THIS REFERENCE AND, THEREFORE, APPLY TO YOUR ACCESS TO, USE OF AND PURCHASE OF PRODUCTS FROM THE SITE (“PRODUCT”). IF YOU DO NOT AGREE TO OUR SITE POLICIES, PLEASE DO NOT USE THE SITE. WE RESERVE THE RIGHT TO MAKE CHANGES TO THE SITE, THE SITE POLICIES, AND THESE TERMS AND CONDITIONS AT ANY TIME. IF ANY OF THESE CONDITIONS SHALL BE DEEMED INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, THAT CONDITION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING CONDITION.
Important Information About These Terms and Conditions
These terms and conditions constitute a binding contract between Parent and Maasai Method LLC. Parent accepts these terms and conditions by using Maasai Method (the “Site”). These terms and conditions are subject to change without prior notice.
Cancellation of Services
You may cancel a subscription at any time by logging into the online payment account you specified when setting up your subscription. Upon cancellation, any scheduled payment transactions will be cancelled. Payments made prior to the time of cancellation are non-refundable.
DIGITAL GOODS
THE DIGITAL GOODS ARE OWNED AND SOLD ON THE WEBSITE BY MAASAI METHOD. MAASAI METHOD ATTEMPTS TO BE AS ACCURATE AS POSSIBLE IN THE DESCRIPTION OF THE DIGITAL GOODS. HOWEVER, WE CANNOT GUARANTEE THAT ANY DESCRIPTIONS ARE TOTALLY ACCURATE, COMPLETE, RELIABLE OR ERROR-FREE.
ACCEPTABLE USE
As a user of Maasai Method's Website, you agree to use our site (Maasai Method) legally. This includes but is not limited to:
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Violating the terms and conditions of Maasai Method
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Violating the intellectual property rights of Maasai Method
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Acting in any way that can be considered fraudulent while in usage of Maasai Method
Maasai Method reserves the right to limit, suspend or terminate access to maasaimethod.com, if we believe you are in violation of our Terms and Conditions, or using our site in an illegal manner. We also reserve the right to take legal action to prevent illegal usage of our site.
SITE ACCESS NOTICE
THE VIEWING, PRINTING OR DOWNLOADING OF ANY CONTENT FROM THE SITE GRANTS YOU ONLY A LIMITED, NONEXCLUSIVE AND NONTRANSFERABLE LICENSE FOR USE SOLELY BY YOU FOR YOUR OWN PERSONAL USE AND NOT FOR REPUBLICATION, DISTRIBUTION, ASSIGNMENT, SUBLICENSE, SALE, PREPARATION OF DERIVATIVE WORKS OR OTHER USE. NO PART OF ANY CONTENT MAY BE REPRODUCED IN ANY FORM OR INCORPORATED INTO ANY INFORMATION SYSTEM, ELECTRONIC OR MECHANICAL, OTHER THAN FOR YOUR PERSONAL USE (BUT NOT FOR RESALE OR REDISTRIBUTION). YOU WILL BE SOLELY RESPONSIBLE FOR ALL DAMAGES AND OTHER HARM RESULTING FROM YOUR USE OF THE SITE AND THE CONTENT. MAASAI METHOD SHALL NOT BE DEEMED LIABLE FOR ANY USE OF THE SITE AND THE CONTENT MADE BY YOU IN VIOLATION OF ANY APPLICABLE LAWS AND REGULATIONS AND THESE TERMS AND CONDITIONS.
Responsibilities of Parent/Guardian
The Parent alone is responsible to know and understand all applicable local and state laws and requirements regarding homeschooling. The Parent also assumes full responsibility for the education of the student and for selecting the courses of study needed to meet any applicable homeschool graduation requirements for his or her state.
All applicable subscription payments must be made prior to accessing the curriculum and thereafter as scheduled by Maasai Method. Failure to remit any due balances may result in suspension from the program.
Maasai Method reserves the right to cancel a student’s enrollment at any time for any reason.
Nondiscrimination Policy
Maasai Method does not discriminate in employment opportunities or practices on the basis of race, ethnicity, gender, religion, disability or any other characteristic protected by law.
Limitation of Liability and Remedies
MAASAI METHOD SHALL HAVE NO LIABILITY FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) ARISING FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, DIGITAL GOODS AND/OR SERVICES, WHETHER ARISING OUT OF CONTRACT, NEGLIGENCE, TORT, OR UNDER ANY WARRANTY, IRRESPECTIVE OF WHETHER MAASAI METHOD HAS ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, INFRINGEMENT OF INTELLECTUAL PROPERTY, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS. MAASAI METHOD SHALL HAVE NO LIABILITY FOR SOFTWARE, DIGITAL GOODS, AND/OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA. NOTWITHSTANDING THE FOREGOING, MAASAI METHOD’ TOTAL LIABILITY FOR ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE PRICE PAID FOR THE DIGITAL GOODS, AND/OR SERVICES. THESE LIMITATIONS ON POTENTIAL LIABILITIES WERE AN ESSENTIAL ELEMENT IN SETTING THE PRICE. MAASAI METHOD NEITHER ASSUMES NOR AUTHORIZES ANYONE TO ASSUME FOR IT ANY OTHER LIABILITIES.
In states where the exclusion or limitation of incidental or consequential damages is not allowed, the limitations or exclusions will apply to the greatest extent permitted by law.
Waiver
The failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of any such provisions nor prevent Maasai Method thereafter from enforcing the provision or any other provisions of these Terms and Conditions of Enrollment.
Severability
If any term, condition or provision in these Terms and Conditions is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable to any extent, then it is the intent of the parties that such court apply a rule of reasonableness and modify the term, condition or provision in question so it will remain in effect to the greatest extent permitted by law. In the event a court finds such procedure to be inappropriate, then such invalid term, condition or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law. Headings in this document are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Time Limitation for Bringing Claims
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE COURSE(S), OR ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OF ENROLLMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
Governing Law
THESE TERMS AND CONDITIONS OF ENROLLMENT AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN ATLANTA, GEORGIA AND PARENT CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN ATLANTA, GEORGIA AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. PARENT FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.
Arbitration
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the course(s) sold pursuant to these terms and conditions of enrollment, the interpretation or application of these terms and conditions or the breach, termination or validity thereof, the relationships which result from these terms and conditions (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or Maasai Method’s advertising and marketing (collectively, a “Claim”) arising hereunder that cannot be settled amicably by the parties shall be settled by arbitration (the “Arbitration”) in accordance with the rules of the American Arbitration Association, then in force. The Arbitration shall be governed by the following rules: a) The Arbitration hearings shall be held in Atlanta, Georgia; b) The dispute shall be heard and determined by a single arbitrator (the “Arbitrator”) who shall be selected by agreement of both parties hereto; c) Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration; d) The Arbitrator shall make his or her award in writing within two (2) months of the start of the Arbitration – or within such time-period as agreed to in writing by the parties hereto; e) The Arbitrator shall have the authority to award costs to whichever party he or she deems appropriate; and f) The decision of the Arbitrator shall be final, conclusive, and binding upon the parties hereto.
Once arbitration has been chosen by any party with respect to a Claim, neither Maasai Method nor Parent will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Further, Parent will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these terms and conditions of enrollment, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). Any court having jurisdiction may enter judgment on the award rendered by the Arbitrator. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Maasai Method arising out of sales hereunder may be litigated in court rather than through arbitration.