ALTOS ACADEMY

1. Altos Academy Service

Altos Academy currently provides users with access to various online and on-site educational or relevant resources, including all products and services provided on and through this website or on Altos Academy's physical premises, e.g., registration for and sales of classes, workshops, forums online and on site, classes, workshops, and forums themselves, email publications, electronic and written materials ("Service"). This Agreement applies to these Services and to new or enhanced Services of the same nature unless explicitly stated otherwise. Also, use of certain Services may be governed by additional terms and policies, which may be provided to users in person or may be available on this website. By using any Service a user acknowledges that the user has reviewed all corresponding terms and policies and agrees to be bound by them.

2. Registration

Registration is required for use of certain Services. When registration is required, the user agrees to provide all required information accurately and completely. By registering, the user agrees to these Terms and assumes full responsibility for the use of the Services. By registering for a minor, the parent or guardian registrant agrees to these Terms and assumes full responsibility for the minor's use of the Services.

3. Altos Academy's Policies

Altos Academy Privacy Policy explains how information collected and received from users when using Services is treated. Alto Academy Cancellation and Refund Policy describes the conditions for receiving a full or a partial refund and the conditions for cancelling the Service, depending on the nature of Service, etc. These policies, available here, are hereby incorporated by reference and made an integral part of this Agreement.

4. User Account, Username, and Password

During registration the user selects a username and password. The username is also used as an onscreen name. The user is responsible for retaining the username and password in confidence. The user is responsible for all activities that occur using this username and password. The user agrees to immediately notify Altos Academy of any unauthorized use of the username and password, and to log out after each session.

5. Fees and Payment

Some Services require users to pay for their use. Such fees may be changed from time to time. All fees paid are in U.S. Dollars and subject to any return policies that Altos Academy may adopt from time to time. Users may provide Altos Academy with a valid credit card number and associated payment information to make payment of the fees. By submitting that information, users agree to authorize us to charge the card at Altos Academy's convenience. Any credit card payment made at the website through Stripe, a third-party payment service, is in compliance with PCI standards. Users represent, warrant and agree to not use any credit card or other form of payment unless having all necessary and legally required authorization to do so. Altos Academy will not be liable if minors or others acting with or without permission to make purchases (and to the extent minor children make any such purchases, parents or guardians represent and warrant that they are authorized to do so). Certain fees (as specified on the website) will automatically renew and continue until the associated Services are terminated. You consent to and accept responsibility for all recurring charges to your credit or debit card, by means of ACH authorization (or other payment method, as applicable) without further authorization from you and without further notice except as required by law. You further acknowledge that the amount of the recurring charge may change if the applicable tax rates change or if you are notified that there will be an increase in the applicable fees. In the latter case, you will have the option to opt-out and discontinue service prior to the recurring charge. USERS REPRESENT AND WARRANT THAT (I) THE CREDIT CARD INFORMATION SUPPLIED IS TRUE, CORRECT AND COMPLETE, (II) PAYMENTS MADE WILL BE HONORED BY CREDIT CARD COMPANY, AND (III) ALL CHARGES INCURRED THROUGH USE OF LOGIN CREDENTIAL WILL BE PAID FOR.

6. Responsible Use and Conduct

Users agree to use the Services only for the purposes intended and only as permitted by (a) these Terms, and (b) applicable laws and regulations.

Users represent and warrant that:

1. access (or attempt to access) the Services solely through the means provided. Users specifically agree not to access (or attempt to access) any of the Services through any automated (including use of scrapers, scripts, robots, spiders, or web crawlers), unethical or unconventional means;
2. not engage in any activity that disrupts or interferes with the Services, including the servers and/or networks to which the Services are located or connected;
3. not attempt to copy, disclose, sell, trade, or resell the Services;
4. not enter or attempt to enter unauthorized parts of the Services or any computers or servers used to provide the Services, or perform functions not authorized to perform hereunder;
5. not "frame" or "mirror" any part of the Services, nor use metatags or code or other devices containing any reference to Altos Academy or the Services in order to direct any person to any other web services for any purpose;
6. not scan, or test the security or configuration of this website or to breach security or authentication measures;
7. not use the website or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Altos Academy;
8. not use the website or any of its resources to solicit users or business partners of Altos Academy to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Altos Academy;
9. not use any user information from the website for any commercial purpose, including, but not limited to, marketing;
10. not violate the restrictions in any robot exclusion headers on the website or bypassing or circumventing other measures employed to prevent or limit access to the website; and
11. not cheat on any assignments, assessments or tests associated with the Services.

7. Intellectual Property

The content, organization, graphics, design, compilation, software, and other matters related to the Services are owned by Altos Academy and/or its suppliers and are protected under applicable U.S. and international copyright, trademark and intellectual property laws. Altos Academy exclusively owns all right, title, or otherwise has interest and right in and to all its trademarks, documentation, software, content, graphics, designs, data, ideas, know-how, "look and feel," compilations, magnetic translations, digital conversions and other materials included associated with the Services, and all modifications and derivative works thereof, and all intellectual property rights related thereto (the "Intellectual Properties"). Users will not challenge, contest or otherwise impair Altos Academy's ownership, validity or enforceability of its rights in the Intellectual Properties. Nothing in these Terms will be construed explicitly or by implication, estoppel or otherwise as granting to the user an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of Altos Academy or any third party. None of the material associated with our websites and Services may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Altos Academy, which permission may be withheld in our sole and absolute discretion.

8. Disclaimer of Warranties

THE SITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, ACADEMY DOES NOT MAKE ANY AND HEREBY DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS, FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS, ERROR, OR TIMELINESS OF THE SITES AND SERVICES; (C) ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE AND/OR SERVICES; (D) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (E) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SITE OR SERVICES OR CIRCUMSTANCES OVER WHICH ACADEMY HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE AND SERVICES MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.

9. Limitation of Liability

ALTOS ACADEMY SHALL NOT BE RESPONSIBLE FOR ANY: (A) DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THE WEBSITE OR SERVICES, AND (B) ANY LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ALTOS ACADEMY'S AGGREGATE LIABILITY TO A USER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT A USER PAID, IF ANY, TO ALTOS ACADEMY IN THE THREE (3) MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM.

The limitations of liability hereunder shall apply regardless of the failure of any remedy herein, and whether or not Altos Academy has been advised or should have been aware of the possibility of any such losses arising.

10. Indemnity

User will indemnify and hold Altos Academy, subsidiaries, parents, affiliates, officers, directors, members, managers, legal representatives, agents, and other partners and employees, harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney's fees, and other expenses of every nature and character by reason of (a) the user's use of the Services; (b) the user's breach of any of the user's representations, warranties or agreements set forth in these Terms; and (c) any acts or omissions by the user or on behalf of the user regarding any content posted in connection with the Services by the user and/or such third party.

11. Links to other Content

The Services may include links to other web services or content or resources. Altos Academy may have no control over any web services or resources which are provided by other companies or persons. Users acknowledge and agree that Altos Academy is not responsible for the availability of any such external services, content or resources, and Altos Academy does not endorse any advertising, products or other materials on or available from such web services, content or resources.

Users acknowledge and agree that Altos Academy is not liable for any loss or damage which may be incurred by a user as a result of the availability of those external services, services or resources, or as a result of any reliance placed by the user on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web services, services or resources.

12. Termination and Remedies

Users acknowledge that if Altos Academy, in its sole discretion, determines a user to be in breach of these Terms, Altos Academy may restrict, suspend, or terminate the user's access to all or any part of the Services, with or without notice. Termination will be without prejudice to any other right or remedy to which Altos Academy or its affiliates may be entitled under these Terms or at law.

13. Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Subject to the arbitration provision below, any legal actions related to these Terms and/or the website, or your use thereof, will be brought and conducted in Santa Clara County, California, and each user consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against the user as contemplated by this section. Any dispute, controversy, or claim arising out of or relating to these Terms, or the existence, breach, or termination hereof will be settled by binding arbitration conducted by JAMS ("JAMS") in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the "Rules"). The arbitration will be heard by one arbitrator to be selected in accordance with the Rules, in Santa Clara County, California. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to these Terms, or any breach hereof, including any claim that these Terms, or any part hereof, is invalid, illegal or otherwise voidable or void. In addition to all other relief, the arbitrator will have the power to award reasonable attorneys' fees to the prevailing party. To the extent allowed under applicable law, users agree any dispute will be resolved without including any other third parties included as parties to the arbitration proceeding, be it as individuals, as part of a collective action, or as part of a representative class, unless both the user and Altos Academy agree to such consolidation after a dispute has arisen.

14. Integration

This Agreement, together with any other documents referenced herein constitutes the entire agreement between the parties and supersedes all previous agreements, promises, proposals, representations, understandings, and negotiations, whether written or oral, between users and Altos Academy respecting the subject matter hereof.

15. License to Copy and Distribute User Material

Altos Academy does not claim ownership of the content a user submit or make available for inclusion on the Service. However, with respect to content a user submits or makes available for inclusion on publicly accessible areas of the Service, the user hereby grants a non-exclusive, perpetual, irrevocable, fully sub-licensable, world-wide, fully-paid-up license which allows Altos Academy to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed.

16. Waiver

The failure of either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

17. Enforceability

In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the invalid, illegal, or unenforceable provision shall be replaced by the provision which, being valid, legal, and enforceable, comes closest to the intention of the parties underlying the invalid, illegal, or unenforceable provision.

18. Assignments

Neither party may assign or delegate any or all of its rights or its duties or obligations hereunder without the consent of the other party, which consent shall not be unreasonably withheld or delayed; provided, however, that either party may assign this Agreement, without the need to obtain consent of the other party, to an affiliate of such party or to a successor in interest to substantially all of the business of that party to which this Agreement relates. An assignee of either party authorized hereunder shall be bound by the terms of this Agreement and shall have all of the rights and obligations of the assigning party set forth in this Agreement. An assignment which is in violation of this Agreement is void.

19. No Construction Against Drafter

If an ambiguity or question of intent arises with respect to any provision of this Agreement, the Agreement will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of this Agreement.

20. Force Majeure

Either party shall be excused from performance and shall not be liable for any delay in whole or in part, caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers including, but not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, act of public enemy, failure or delay in transportation, act of any government or any agency or subdivision thereof affecting the terms hereof, accident, fire, explosion, flood, severe weather or other act of God, public health crisis, or shortage of labor or fuel or raw materials.

21. Attorneys' Fees

If any legal action is brought to construe or enforce any provision of this Agreement, the prevailing party shall be entitled to receive its reasonable attorneys' fees and associated costs in addition to any other relief it may receive.