1. User’s Acknowledgment and Acceptance of Terms

New Media Training (“Us” or “We”) provides the New Media Training Web site and instructional services to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service”), as well as any other written agreement between us and you. In addition, when using particular services or materials that we provide, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.BY USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE AND/OR OUR SERVICES.These Terms of Service are effective as of 7/16/2012. New Media Training reserves the right to change these Terms of Service from time to time. You acknowledge and agree that it is your responsibility to review this site and review these Terms of Service periodically, and to familiarize yourself with any modifications. Your continued use of this site and/or our services after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

2. Description of Services

New Media Training makes various services available including instruction for software applications and associated hardware. You are responsible for providing, at your own expense, all equipment necessary to use the services.

Applications we teach may include, but are not limited to, Adobe Illustrator, Adobe InDesign, Adobe Dreamweaver, Adobe Captivate, Adobe After Effects, Adobe Flash, Adobe Photoshop, Adobe Photoshop Lightroom, Adobe Bridge, Adobe Premiere, Adobe Acrobat, WordPress, HTML, CSS, Apple Garageband, Apple iPhoto, Apple iDVD, Apple Motion, Apple Aperture, Apple Final Cut Pro, Apple DVD Studio Pro, Apple Logic Pro, Microsoft Office (Microsoft PowerPoint, Microsoft Excel, Microsoft Word), Microsoft Outlook, Maxon Cinema 4D Studio, Autodesk Maya, Autodesk 3ds Max, Cycling 74 Max/MSP, Cycling 74 Jitter, Avid Media Composer, Avid ProTools, Ableton Live, Propellerhead Reason, Waves Platinum Bundle, Native Instruments Komplete, Cockos Reaper, FileMaker Pro, FileMaker Bento, Google Drive.

New Media Training reserves the right to either modify or discontinue our services, including any features, at any time. New Media Training will not be liable to you or any third party should we exercise such right. Please review our offerings periodically. Any new features that augment or enhance the then-current services available through this site shall also be subject to these Terms of Service.

3. Data and Privacy

In order to use our services, you may be required to fill out an online scheduling form, which may help us determine the best instructor for your specific needs. The scheduling form may request certain information and data. You agree that all information provided on the online scheduling form is true and accurate. Please carefully review the information that you provide so that we may best assist you. The information we obtain through your use of this site, including the data you provide, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Service.

4.  Children Under 13

Consistent with the Children’s Online Privacy Protection Act (“COPPA”), New Media Training does not solicit personal information from children 13 years of age and under. If you are 13 years of age or under, you are required to obtain permission from a parent or guardian before submitting any personal information to our Web site.

5. International Use

Although our site and services may be accessible worldwide, New Media Training makes no representation that the services that we provide or the materials available through our site or services are appropriate or available for use in all locations outside the United States, and accessing them from territories where they are illegal is prohibited. Those who choose to access this site or use our services from other locations do so on their own initiative and are responsible for reviewing and complying with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

6. Conduct

Your use of our site and services is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications. You agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

1. 1. • A. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
      • B. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
      • C. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
      • D. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
      • E. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
      • F. Impersonates any person or entity, including any of our employees, representatives or contractors.

Not all areas of our site may be available to you or other users of the site. You shall not interfere with anyone else’s use of our site and services. Users who violate systems or network security may incur criminal or civil liability.

You agree that New Media Training may terminate at any time your use of our site and services without prior notice to you for violating any of the above provisions. In addition, you acknowledge that New Media Training will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

7. Third Party Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that New Media Training is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

New Media Training neither endorses nor assumes any liability for the contents of any third party materials that are used to help best facilitate our services.

8. Intellectual Property Information

Copyright © 7/16/2012 New Media Training. All Rights Reserved.

For purposes of these Terms of Service, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site and used in connection with our services.

By accepting these Terms of Service, you acknowledge and agree that content presented to you on this site and accessible through our services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of New Media Training and/or its respective owners. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information obtained from this site or through our services in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site or through our services. Any unauthorized use of the materials appearing on this site or obtained through our services may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

New Media Training does not warrant or represent that your use of materials obtained from our site or through our services will not infringe the rights of third parties. See “Unauthorized use of Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this site or accessed through our services infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of New Media Training. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you the right to use any trademark, service mark, logo, and/or the name “New Media Training.”

9. Unauthorized Use of Materials

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. New Media Training is also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

New Media Training respects the intellectual property of others, and we ask you to do the same. If you or any user of this site or our services believes its copyright, trademark or other property rights have been infringed, you or the user should notify us immediately so that we may review the claim and take appropriate action if and when necessary.

10. Limited Warranties

NEW MEDIA TRAINING PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS OUR SITE AND/OR USE OUR SERVICES.

ALL MATERIALS AND SERVICES THAT WE OFFER ARE PROVIDED ON AN “AS AVAILABLE” BASIS. ALTHOUGH NEW MEDIA TRAINING ATTEMPTS TO PROVIDE THE BEST AND MOST ACCURATE INFORMATION, WE MAKE NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION, AND ASSUME NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR SECURE.

THIS SITE AND OUR SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICES AND MATERIALS, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES, AT ANY TIME. PLEASE REVIEW OUR OFFERINGS PERIODICALLY.

THE USE OF OUR SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR SOFTWARE THROUGH THIS SITE OR THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of this site and our services, you may have opportunities to engage in transactions with other vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. NEW MEDIA TRAINING MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED IN CONNECTION WITH THIS SITE OR OUR SERVICES, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY.

Content and information provided through this site or through our services may represent the opinions and judgments of an information provider or other person or entity not connected with us. New Media Training does not endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized New Media Training spokesperson speaking in his/her official capacity.

You understand and agree that temporary interruptions of the services available through this site or through our services may occur as normal events. You further understand and agree that New Media Training has no control over third party networks and services that you may access during your use of this site and our services, and therefore, delays and disruption of other network transmissions are completely beyond our control.

Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.

11. Money Back Guarantee

New Media Training’s “Money Back Guarantee” may only be used once, and is only valid on 1-hour lessons. In order to receive a refund for your lesson, you must call our office within 48 hours after your lesson has taken place. If you request a refund, you agree to answer any questions that we ask regarding your refund request.

12. Limitation of Liability

IN NO EVENT SHALL NEW MEDIA TRAINING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, OUR SERVICES, OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL NEW MEDIA TRAINING BE LIABLE TO YOU OR ANY THIRD PARTY FOR THE ACTIONS AND/OR CONDUCT OF AN INDEPENDENT CONTRACTOR THAT PROVIDES SERVICES FOR US. FURTHER, NEW MEDIA TRAINING SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR THROUGH OUR SERVICES, OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE OR THROUGH OUR SERVICES, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold New Media Training harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site or our services. New Media Training reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

14. Participation in Promotions

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. Please review such promotions carefully. New Media Training assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

15. Termination of Use

You agree that New Media Training may terminate or suspend your access to all or part of our services for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available through this site immediately ceases. New Media Training shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

16. Governing Law

This site (excluding any linked sites) and our services are controlled by us from our offices within California, United States of America. It can be accessed from all 50 states (including Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, IIllinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, Washington DC, West Virginia, Wisconsin and Wyoming), as well as from other countries around the world. As each of these places has laws that may differ from those of CA, by accessing this site and using our services, both of us agree that the statutes and laws of the State of CA, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of this site and the services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of CA with respect to such matters.

17. Notices 

All notices to a party shall be in writing and shall be made either via email or conventional mail. All notices to a party shall be sent to [email protected].  New Media Training may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending. Please review our site periodically for such notices and messages.

18. Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement, and supersedes all prior agreements and understandings of the parties with respect to that subject matter. Please review these terms and conditions carefully. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site and/or our services is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.

19. Miscellaneous

In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorney’s fees. Any cause of action brought by you against us must be instituted within 30 days after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Service to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Service.

You agree not to sell, resell, reproduce, duplicate, distribute, or copy any portion of this site or our services.

You agree to use authorized software when using our services, and agree that we are not to be held liable for unauthorized software usage. Please review the end-user license agreement for your software.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of services arising from labor disturbance, war, fire, accident, governmental act or regulation, and other any other cause or event beyond our reasonable control.

If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as best as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.