Terms of Service
ACCEPTANCE OF THE TERMS OF USE
These terms of use are entered into by and between you and Cutclass LLC (“Company”, “Cutclass”, “we”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”, “Terms” or “TOU”), govern (a) your access to and participation in any live, recorded, social media-based or digital class or coaching service (“Program”) offered on the Website (defined below) or in connection with any applicable client contract (“Client Contract”) linking to these Terms, and (b) your access to and use of www.letscutclass.com (the “Website”), including any classes, content, functionality, and services offered on or through or obtained on or through www.letscutclass.com (collectively, and with Programs and Website, the “Services”), whether as a guest or a registered user. In the event of a conflict between these Terms and an applicable Client Contract, this Client Contract shall govern.
Please read the Terms of Use carefully before you start to use the Services. BY NAVIGATING OR OTHERWISE USING THE CUTCLASS WEBSITE, CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, ESTABLISHING AN ACCOUNT, MAKING A PURCHASE, PARTICIPATING IN ANY PROGRAM, OR OTHERWISE USING OUR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE, ANY APPLICABLE CLIENT CONTRACT, AND OUR PRIVACY POLICY, FOUND AT https://www.letscutclass.com/privacy-policy, ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE.
If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.
These Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using these Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use these Services.
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of these Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on these Services.
Your continued use of these Services following the posting of revisions to the Terms of Use means that you accept and agree to the changes. You are expected to check these terms from time to time so you are aware of any changes, as they are binding on you.
ACCESSING THIS WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend these Services, and any service or material we provide through or on them, in our sole discretion without notice. We will not be liable if for any reason all or any part of these Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of these Services, or all of the Services, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to these Services.
To access these Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of these Services that all the information you provide on these Services are correct, current, and complete. You agree that all information you provide to register with these Services or otherwise, including but not limited to through the use of any interactive features on these Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to these Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
PROHIBITED USES
You may use these Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use these Services:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of these Services, or which, as determined by us, may harm the Company or users of these Services or expose them to liability.
• You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
Additionally, you agree not to:
• Use these Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of these Services, including their ability to engage in real time activities through these Services.
• Use any robot, spider, or other automatic device, process, or means to access these Services for any purpose, including monitoring or copying any of the material on these Services.
• Use any manual process to monitor or copy any of the material on these Services or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of these Services.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of these Services, the server on which these Services are stored, or any server, computer, or database connected to these Services.
• Attack these Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of these Services.
PURCHASES AND TERMS OF ENROLLMENT IN PROGRAMS
Fees and Payment Plan Authorization
Purchases may require you to register an account on our website. If you purchase any of our paid goods or Services (collectively, “Paid Products”), you agree to pay us the applicable fee (the “Fee”) set forth (a) alongside the Paid Products offered on the Website, or (b) in accordance with your Client Contract, as applicable. We reserve the right to change the Fee on flat-fee Paid Products offered via the Website at any time at our discretion and on subscription-based or other recurring fee Paid Products offered via the Website by providing thirty (30) days prior notice. You will be responsible for the applicable Fee, as well as any applicable sales, use, excise, and related taxes. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., Venmo, PayPal) should we choose to make such payment method available. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation. Failure to pay these fees will result in the termination of your access to Paid Products. Also, you agree that:
● Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
● We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your subscription to any Paid Products, to pay installment payments on Paid Products you have purchased under an installment plan, and to use to pay for other Paid Products you may buy in the future.
● If you purchase a Paid Product that includes a recurring subscription fee, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.
● We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
If you choose to cancel your membership, access to Paid Products will expire at the end of your billing cycle.
Refund Policy
Please refer to your contract terms for the refund policy.
Upon determining that you are entitled to a refund pursuant to this policy, Cutclass will promptly issue an instruction to its payment processor to issue the refund. Cutclass does not control its payment processor and will not be able to expedite any refunds.
Any refund of any purchase pursuant to this money-back guarantee shall immediately terminate any and all licenses granted you to use the material provided to you under this Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
Personal Responsibility
By using the Services, you accept personal responsibility for the results of your actions. You agree that Cutclass has not made any guarantees about the results of taking any action, whether recommended in the Services or not. Cutclass provides educational and informational resources that are intended to help users of the Services succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Cutclass.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others (whether clients of Cutclass or otherwise) applying the principles included in the Services are no guarantee that you or any other person or entity will be able to obtain similar results.
You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the course of your use of the Services.
INTELLECTUAL PROPERTY RIGHTS
The Services, and the entire contents, features, and functionality of the Services and (including but not limited to all content included as part of any Program, and all other information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and any Company Confidential Information (defined below) (collectively, the “Company Intellectual Property”) of these Services are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Except as otherwise permitted in any individual Client Contract, you will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Company Intellectual Property, with the exception of the following instances:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• Where we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
• Modify copies of any materials from this site.
• Incorporate these Services or any part of these Services into any other product, service or offering.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services are transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on these Services are the trademarks of their respective owners.
Programs
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use Program content and resources that you have purchased. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in any Program.
Cutclass content is not for resale. Your participation in any Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of Cutclass and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Cutclass or our licensors except as expressly authorized herein.
You hereby agree that any infringement of Cutclass’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate Cutclass’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of any Fees.
USER CONTRIBUTIONS
These Services may contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through these Services, including blog posts, comments, and online class sessions.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
For clarity, you retain all of your ownership rights in any User Contribution. However, by submitting User Contribution(s) to us, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and publicly perform any User Contribution and to publish your name in connection with your User Contribution in connection with these Services and Cutclass’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of these Services a non-exclusive license to access any User Contribution through these Services, and to use, reproduce, distribute, publicly display and perform such User Contribution as permitted through the functionality of these Services and under these Terms of Service. The above licenses granted by you in user comments you submit are perpetual and irrevocable. No compensation will be paid with respect to Cutclass’s use of any User Contribution, as provided herein. Cutclass is under no obligation to post or use any User Contribution you may provide and may remove any User Contribution at any time in Cutclass’s sole discretion.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of these Services.
Monitoring and Enforcement; Termination
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of these Services or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of these Services.
• Terminate or suspend your access to all or part of these Services for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through these Services.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on these Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
We do not endorse any User Submission submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Submission. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and we will remove all User Submissions if properly notified that such User Submission infringes on another’s intellectual property rights in accordance with the Digital Millennium Copyright Act (“DMCA”) (http://www.copyright.gov/legislation/dmca.pdf). We reserve the right to remove Content without prior notice.
As such, we take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law, and it is the policy of the Company to terminate the user accounts of repeat infringers. If you believe any materials accessible on or from this site infringe your copyright, you may request removal of those materials (or access to them) from these Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the DMCA (17 U.S.C. § 512), the written notice (the “DMCA Notice”) must include substantially the following:
● Your physical or electronic signature.
● Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on these Services, a representative list of such works.
● Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
● Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
● A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
● A statement that the information in the written notice is accurate.
● A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Shoghak Kazandjian
Cutclass
3756 W AVENUE 40
STE K406
LOS ANGELES, CA 90065
Phone: 818-939-3941
Email: sho@brandsetcetera.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that any material or activity on these Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
RELIANCE ON INFORMATION POSTED
The information presented on or through these Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to these Services, or by anyone who may be informed of any of its contents.
These Services includes content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CONFIDENTIALITY
During your use of these Services, you may have access to proprietary, private and/or otherwise confidential information belonging to Company, our clients, and other Program participants (collectively). “Confidential Information” will mean all non-public information which constitutes, relates or refers to the operation of the business of that party, its customers’, suppliers’, and other third parties’ past, present, and future business affairs including without limitation, financial, operational, personnel, sales, marketing, intellectual property of that party and any trade secrets, proprietary software (including but not limited to company-generated domains and backlinks), the identity of the that party’s customers or clients, or and pricing information of a party.
As a condition of participating using the Services or participating in any Program, you hereby agree to respect the privacy of other Program participants and to respect Cutclass’s confidential information. You shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. You will not at any time or in any manner, use for personal benefit, divulge, disclose or communicate in any manner any Confidential Information. You acknowledge that Company shall suffer irreparable injury upon any breach of your confidentiality obligations and that Company will be entitled to seek injunctive or relief to prevent any further breach by you; provided, however, that this will not limit any other rights or remedies available to Company.
CHANGES TO THIS WEBSITE
We may update the content on these Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on these Services may be out of date at any given time, and we are under no obligation to update such material.
INFORMATION ABOUT YOU AND YOUR VISITS TO THIS WEBSITE
All information we collect on the Services are subject to our Privacy Policy. By using these Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
LINKING TO THE SITE AND SOCIAL MEDIA FEATURES
These Services may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on these Services.
• Send emails or other communications with certain content, or links to certain content, on these Services.
• Cause limited portions of content on these Services to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause these Services or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of these Services other than the homepage.
• Otherwise take any action with respect to the materials on these Services that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
LINKS FROM THIS WEBSITE
If these Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to these Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
GEOGRAPHIC RESTRICTIONS
The owner of these Services is based in the state of California. We provide these Services for use only by persons located in the United States. We make no claims that these Services or any of its content is accessible or appropriate outside of the United States. Access to these Services may not be legal by certain persons or in certain countries. If you access these Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or these Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES, THE CONTENT OF THE SERVICES, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE IN THE LAST SIX (6) MONTHS OUT OF WHICH LIABILITY AROSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY CLASS. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.
The limitations of liability set out above do not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THIS WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If applicable, you waive California Civil Code Section 1542, which states, in relevant part: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of these Services, including, but not limited to, your User Contributions, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from these Services.
NO PARTNERSHIP
Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship. The information contained in the Services and in any Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
GOVERNING LAW AND JURISDICTION
All matters relating to these Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or these Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Oakland and County of Alameda. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
WAIVER AND SEVERABILITY
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
ENTIRE AGREEMENT
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Cutclass regarding these Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to these Services.
YOUR COMMENTS AND CONCERNS
This website is operated by Cutclass LLC, 3756 W. Avenue 40, Ste. K406, Los Angeles, CA 90065.
All other feedback, comments, requests for technical support, and other communications relating to these Services should be directed to Hey@LetsCutclass.com.