Terms of Service
Welcome to Freelancer Academy, an online learning community to develop freelance, business and creative skills. Freelance Academy website and service including (without limitation) all websites, and other interactive properties through which the service is delivered (collectively, the "Service") are owned, operated and distributed by Model Days Ltd, a UK based company (referred to in these Terms of Service as "Freelancer Academy", ”The Freelance Academy” or "we" and through similar words such as "us," "our," etc.).
Upon accessing any part of the Service, you are agreeing to the terms and conditions described below (these "Terms of Service"), the terms and conditions of our privacy policy (the "Privacy Policy") and any other legal notices published by us on the Service (collectively, the "Governing Documents"). If you do not agree to any of these terms presented in this document, you should refrain from using the Service. These Terms of Service apply to all users, including both users who are simply viewing content available via the Service and users who have registered as a subscribing member of Freelance Academy or who have purchased a one off course via Freelance Academy.
We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of June 7th, 2016.
The Service
Freelance Academy Service allows students to enrol in online courses. Freelance Academy accommodates feedback, online communication and project uploads.
We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.
Copyright, Licenses, Uploads & Submissions
The contents of the Service are protected by international copyright and trademark laws and other proprietary rights. The owners of the copyrights and trademarks are Freelance Academy, its affiliates and/or other third party licensors.
Under no circumstances are you permitted to edit, modify, reproduce, copy, upload, download or distribute the content material on the Service in any format including the downloadable resources, text, graphics, video content, projects, code, personally identifiable information or software in any manner.
You may print and download certain resource files solely for your own non-commercial use provided that you agree not to amend or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that specific material.
You are not permitted to use any scrapers, crawlers, robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Service in a manner not authorised by Freelance Academy in writing.
You are strictly prohibited from engaging in practices of "database scraping," "screen scraping" or any other technique the purpose of which is to obtain and collect lists of users, sections of a database, lists or specific information from the Service, in any manner and any quantities. You are prohibited from using frame or framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Freelancer Academy or its affiliates without express written consent. You may not use meta tags or any other "hidden text" utilising Freelance Academy name or trademarks without the express written consent of Freelance Academy.
Messages posted on community boards or project feedback, uploaded content submitted to group message boards and content submitted for the purposes of the Service is referred to in these Terms of Service as “Uploads” or "Submissions" or “Project Uploads”. All Uploads and Submissions will be subject to these Terms of Service. Freelancer Academy does not guarantee any confidentiality with respect to a Uploads or Submission and wishes to make clear that the user is solely responsible for all content in this regard. You (the user) represent and warrant that you have obtained the necessary licenses, rights, consents and permissions to your Uploads and Submissions (and all content included therein), including the right to authorise Freelance Academy to use content contained in the Uploads and Submissions in the manner contemplated by the Service and these Terms of Service.
Upon agreeing to the Terms of Service, you hereby grant to Freelance Academy a worldwide, non-exclusive, royalty-free, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Uploads or Submissions or any other materials or information (including, without limitation, ideas for new products or services) you communicate to Freelance Academy by all means and in any media now known or hereafter developed.
In addition, you grant permission to Freelance Academy the right to use all and any names connected with the materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Freelance Academy for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Freelance Academy.
Freelance Academy operates a one strike rule and will under no circumstances tolerate violations of IP (intellectual property) rights on the Service. Should you be a copyright owner and believe that any Uploads or Submissions or other content infringes upon your copyrights, you may contact the Digital Millennium Copyright Act ("DMCA") with information of the infringement. To provide Freelance Academy notice of Uploads or Submissions that you deem to be in conflict of your ownership, provide written communication to support@freelanceacademy.com. You may be liable for damages (including costs and legal fees) if you materially misrepresent that an activity is infringing your copyright.
Profile / Account
The following terms apply to your use of the Service and any account that you may register or attempt to register via the Service:
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To utilise the Service, you must be 13 years old or older.
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You are not permitted to use tools to register an account as a ‘robot’. You are required to be a human to open an account.
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When registering, you must provide your legal full name, a valid email address, post / zip code or equivalent, and any other information requested in order to complete registration and obtain an account.
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You are solely responsible for maintaining the security of your account and password. Freelance Academy will not be liable for any loss or damage from your failure to comply with this security obligation. We suggest changing your password periodically to help maintain security.
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You agree not to upload any materials that are copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the rightful owner.
Fees & Charges
In respect to all fees and charges, Freelance Academy reserve the right, without notice, to update, amend or change any fees or charges for using any services provided on the Service, provided that such changes will not apply to fees or charges paid prior to the time of the change.
Conduct
Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your Uploads, Submissions and general communications through the Service including the community forum, comments and posts. You agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any Uploads or Submissions that:
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Breaks the law, is deemed a threatening act, defamatory, abusive, harassing, fraudulent, libelous, tortious, contains explicit or graphic descriptions or accounts of sexual acts, or otherwise violates our rules or policies;
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Victimises, harasses, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
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Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party;
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Constitutes unauthorised 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;
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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 unauthorised access to any data or other information of any third party; or
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Impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any Uploads or Submissions. We reserve the right to remove any Uploads or Submissions or other content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for the Service.
You hereby consent to such removal and waive any claim against us arising out of such removal of any content, whether it is your own or another user’s.
You may not use your account to breach security of another account or attempt to gain unauthorised access to another network or server. Not all parts of the Service may be available to you or other authorised users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your Subscription, account, or other affiliation with the Service without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we 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.
Providing a Course or Enrolling in a Course
These Terms of Service are in addition to any agreements, releases or other documents that a teacher and student may enter into in connection with a course.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE Freelance Academy AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, Freelance Academy PARTIES") FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE CLASS AGREEMENTS OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE (WHETHER A STUDENT OR TEACHER). 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.
Your teaching or attendance of a course is at your sole risk. Freelance Academy does not supervise courses and is not involved in any way with the actions of any individuals (whether students or teachers) at any course. As a result, we have no control over the identity or actions of the individuals who are present at these courses, and we request that our users exercise caution and good judgment when attending Classes. You acknowledge and agree that by participating in any course (whether as a student or teacher) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any course. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE Freelance Academy AND EACH OF THE OTHER Freelance Academy PARTIES 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 EVENT, WHETHER AS A STUDENT OR TEACHER. 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.
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."
Rules for Students
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You agree to accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to book a course on Freelance Academy.
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The Courses offered on Freelance Academy are offered directly by the teachers. Freelance Academy is not responsible or liable for any information on its Service listings or profiles.
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Freelance Academy liaises with teachers prior to any changes made to courses however Freelance Academy is not responsible for any changes made to a course by the teacher.
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You agree to follow all reasonable rules set by a teacher with respect to a course, and not to take any actions to interfere with the teacher or any other students in the course.
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You agree to attend each course solely for educational purposes, and not with the goal of copying any materials or techniques for purposes of your own or others’ courses, or for interfering with any course or the teacher’s ongoing relationship with any students attending such course.
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You may access course content for your information and personal use only. You shall not download any content unless you see a “download” or similar link displayed by Freelance Academy on the Service. You may not share content from the Service with anyone who is not properly licensed to access the content or who has not enrolled in the course.
Rules for Teachers
By listing a course on Freelance Academy:
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You assume full responsibility for the content, video content, resource files and all additional content, of the Service offered.
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You understand that the content is publicly available to be viewed and enrolled in by any student.
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You agree to honor any enrollments through freelanceacademy.com at the price and time listed in the Service, and not to refuse enrollments or attendance by any student for any discriminatory or other illegal reason.
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You grant us the right to place advertisements on your content at our sole discretion.
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You agree that any content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material.
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You represent and warrant to Freelance Academy that you are qualified to teach the courses that you list with the Service and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.
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You agree not to abuse your students’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in your course without the student’s prior consent.
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You may choose to remove content from your course and will continue to own such content, but we will continue to have the right to use that content and to provide it to students who have paid for your course.
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You grant us full ownership of any video content that we have filmed for you. It is at our sole discretion to remove, add, or edit that video content.
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You agree that you will not submit content to Freelance Academy that violates Freelance Academy Teachers Guidelines, which may be occasionally updated.
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Freelance Academy reserves the right to, but is under no obligation, to delete the listing of any course at any time and for any reason.
Payment and Fees
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Fees for courses are collected by Freelance Academy from students via a third party payment provider.
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Payouts sent on the first of each month are for transactions that have occurred in the previous calendar month.
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Teachers and students agree that Freelance Academy’s responsibility is solely to process payments as set forth above, and Freelance Academy is not party to any transaction between any student and/or teacher and cannot be held responsible for any issues arising from any such transaction.
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Fees for courses or any other portion of the Service may be changed at any time without prior notice.
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Teachers are responsible for all income, sales and other taxes associated with fees earned from their courses.
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Payouts for invoices are paid on the 28th of each month provided the invoice has been received 3 days prior.
Cancellations and Refunds
Freelance Academy is not responsible or liable for any refunds for courses.
Freelance Academy Subscription
You may participate in our "Freelance Academy Subscription" by subscribing to pay month-to-month, every 3 months or every 6 months for unlimited access to Courses. Courses are online courses that are offered as part of Subscription at Freelance Academy’s sole discretion.
Certain Courses that hold a higher value are referred to as “Premium Courses”. Premium Courses are not included in Freelance Academy Subscription and may only be purchased individually.
The subscription fee will be billed on the beginning of the paying portion of your subscription and each month thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying subscription. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if your Freelance Academy Subscription commenced on March 31st, your next payment date is likely to be April 30th, and your Payment Method would be billed on that date.
Payments are nonrefundable and there are no refund or credits for partially used periods. Following any cancellation, however, you will continue to have the benefits of your Freelance Academy Subscription through the end of your current billing period.
You may cancel your Freelance Academy Subscription at any time. If you have canceled your Freelance Academy Subscription, you will lose access to all Premium features and Subscription Classes you enrolled into during your The Freelance Academy Subscription at the end of your billing period. If you choose to sign back up as a paying member, your billing date will reset to the day you paid.
Disclaimer of Warranties
THE SERVICE AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CLASS THAT YOU ATTEND VIA THE SERVICE, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SERVICE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THE SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICE AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE. THE CONTENT INCLUDED ON THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.
THE USE OF THE SERVICE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Service, you may have the opportunities to engage in commercial transactions with other users and vendors, including (without limitation) students and teachers. You acknowledge that all transactions relating to any course or other 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.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY CLASS, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through the Service or presented at any course represents the opinions and judgments of an information provider, user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized The Freelance Academy spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Service for further information, which policies are incorporated by reference into these Terms of Service.
You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Service is provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR ANY OTHER The Freelance Academy PARTY 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 THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.
FURTHER, NEITHER WE,NOR ANY OTHER The Freelance Academy PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY CLASS OR OTHER THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY TRANSACTION BETWEEN A STUDENT AND TEACHER.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and the other The Freelance Academy Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms of Service or any of the other Governing Documents, or other negligent or wrongful conduct. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Miscellaneous
You agree that the Service shall be deemed a passive interactive service based solely in New York and shall not give rise to personal jurisdiction over The Freelance Academy, either specific or general, in jurisdictions other than New York. These Terms of Service, together with the Privacy Policy and the other Governing Documents, shall all be governed and construed in accordance with the internal laws of the State of New York, without regard to conflicts of law principles. You agree that any legal action or proceeding between The Freelance Academy and you for any purpose concerning these Terms of Service, the Privacy Policy, the other Governing Documents or your use of the Service shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, New York.
Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO CLAIM UNDER THESE TERMS OF SERVICE, THE PRIVACY POLICY OR THE OTHER GOVERNING DOCUMENTS SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED.
These Terms of Service, together with the Privacy Policy and the other Governing Documents, constitute the entire agreement between you and The Freelance Academy concerning the Service and the services provided by The Freelance Academy. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. The Freelance Academy's failure to insist upon or enforce strict performance of any provision of these Terms of Service or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. The Freelance Academy may assign its rights and duties under these Terms of Service or any of the other Governing Documents to any party at any time without notice to you.
Most communication between The Freelance Academy and you will be sent and received electronically. You agree that all electronic communication between The Freelance Academy and you shall satisfy any legal requirements that such communications be in writing.
Any rights of The Freelance Academy not expressly granted herein are reserved.