Fig Education Terms of Use

Fig Education, Inc. (Fig Education) provides a certification service that allows our students to access educational content (“Fig content”) over the Internet through our third-party platform. If you do not agree to any of these terms, then do not purchase our programs. Your purchase of our programs constitutes acceptance of said terms.

As used in these Terms of Use, “Fig service”, “our service” or “the service” means the certification, coaching, continuing education programs, or membership service provided by Fig Education, Inc.

1. ELIGIBILITY

To access or use the membership you must be eighteen (18) years or older and have the requisite power and authority to enter into these Terms.  You may not access or use our services if you are a competitor of ours or if we have previously banned you from any of our programs, websites, groups, or services.

1. We grant you permission to use our third-party platform subject to the restrictions in these Terms. Your use of the service is at your own risk, including the risk that you might be exposed to Content that is inaccurate, objectionable, otherwise inappropriate.

2. The Fig Education platform may be modified updated, interrupted, suspended or discontinued at any time without notice or liability. Fig Education assumes no responsibility for your ability to (or any cost associated with your ability to) access our platform.

2. DISCLAIMER

Our programs, services, and content whether free or paid are for informational and educational purposes only. Fig Education does not guarantee any specific results.

3. LIABILITY

 You understand that you are responsible for creating your own results and hereby releases Fig Education from any liability for adverse actions or results experienced by you as a result of your participation in Fig Education services. Further, you agree that in no event shall Fig Education, Inc. be liable for any amounts exceeding the fees paid to Fig Education, Inc. for Fig Education services.

4. FEE

1. 1. The fee is as invoiced and is payable in U.S. dollars by credit card, money order, or personal check. All checks are held for 10 business days. Orders placed with a check will be held for 10 business days. You will not have access to program during the 10-day hold period.  Once 10 business days is complete, the order will be released for access. All returned check will be charged a $25 USD return check fee. Counter checks are not accepted.
   2. In connection with your membership purchase, you must provide Fig Education with a current, valid, accepted method of payment, which may change from time to time (“Payment Method”). Your purchase is subject to these Terms and any additional terms and conditions, including any fees, imposed by your financial services provider. You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen. You hereby authorize Fig Education to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. By providing a Payment Method in connection with your purchase, you hereby authorize Fig Education to debit the total cost of said Membership and agree to be responsible for any foreign transaction charges associated with your Membership purchase. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance.

You represent and promise to us that all information you provide in connection with the purchase of the Membership is true, accurate and complete. The duration and cost of Memberships are set by Fig Education in its sole discretion. When you purchase a Membership, you will initially be charged at the rate applicable at the time of your initial agreement to subscribe. If the price of the Membership increases later, we will provide you with written notice before the end of the billing period in which the change is made. If you do not accept the change to your Membership, you will be entitled to terminate these Terms.

1. 3. To provide continuous service, you agree that Fig Education will automatically renew a Membership on or about the date the Membership expires. Such renewal will be for a annual or monthly term as enrolled and will be billed at the non-discounted rate for the Membership as of the date of your enrollment. By enrolling in a Membership, you agree that your Membership will be subject to the above-described automatic renewals unless you cancel your Membership in accordance with the these Terms. You also agree that the amount billed may be different if your original Membership was purchased using a promotional/trial offer and you authorize Fig Education to charge your Payment Method for such varying amounts as indicated at the time of sign-up. You agree that you are responsible for other charges, including any foreign transaction charges, that may be imposed by credit card providers, payment processors or other third parties in connection with your use of the Membership. Your Membership will remain in effect and continue to renew automatically until it is cancelled.

1. 4. We will not refund any fees paid to us, including any advance charge(s) or payment(s) for any Membership term, continued education program or coaching service, unless otherwise required by law or these Terms. If canceled before the Membership is due to expire, you will have access to your Membership until the next billing cycle.

• • • Refund requests for any Fig Education certification program must be submitted in writing within two days from the start of class. Any request made after this time will not be honored.

5. If you dispute Fig Education service-related charges with your credit card company, financial institution, or payment processor and Fig Education’s investigation determines the charges were valid, we may, on reasonable written notice to you, charge to your account the reasonable required cost of responding to your charge back request.

6. CANCELLATION

You may cancel your Membership by emailing info@figeducation.com prior to the expiration of your membership. All membership cancellations are subject to section 4 of this Agreement.

7. LIMITED LICENSE

Your purchase does not give you ownership of the Fig Education content.  Fig Education grants you a nonexclusive, nontransferable, revocable license to access and use our content strictly in accordance with these Terms. Your use of the Fig Education services is solely for internal, personal, noncommercial purposes unless otherwise provided for in these Terms.

8. PASSWORDS AND ACCOUNT ACCESS

The member who created the Fig Education account and whose Payment Method is charged (the “Account Owner”) is responsible for any activity that occurs through the Fig Education account. To maintain control over the account and prevent anyone from accessing the account, the Account Owner cannot not reveal the password or details of the Payment Method associated to the account to anyone.

9. INTELLECTUAL PROPERTY

The program name, logos and or taglines constitute Fig Education’s trademarks and or copyrights. The content of this program, including but not limited to all the worksheets, workbooks, and videos are owned by Fig Education (“Content”). The Content is protected under both United States and foreign copyright laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.

Nothing in these Terms or in the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the trademarks or copyrights, without Fig Education’s prior written permission specific for each such use.

10. COMMUNICATIONS WITH US

Although we encourage you to communicate with us, we do not want you to, and you should not, send us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.

11. LIMITATION ON SERVICES

You understand Fig Education services are not a therapeutic, medical, or attorney-client relationship. You further understand Fig Education cannot provide therapeutic, medical, or legal services and that you are responsible for procuring these services at your own will, discretion, and expense.

12. COMMUNITY GUIDELINES

Your purchase may provide access to our private community or other students. (“Community”) Like any community, ours functions best when its members follow a few simple rules. By accessing and or using our third-party platforms, you agree to comply with these community guidelines (the “Community Guidelines”) and that you will comply with all applicable laws in your use our third-party platforms and will not use them for any unlawful purpose.

1.  Members may post their content to our third-party platforms through our Services (Member Content). You understand that by using our platforms, you may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Fig Education is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, Fig Education will submit all necessary information to relevant authorities.
2. If any Member Content is reported to Fig Education as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Fig Education. If the Member fails to meet such a request, Fig Education has full authority to restrict the Member’s ability to post Member Content OR to immediately terminate the Member’s membership without further notice to the Member. Without limiting the foregoing, we have sole discretion to remove any Member Content that violates these Terms or that is otherwise objectionable in our sole discretion.
3. You are responsible for complying with all applicable federal and state laws for your content, including copyright and trademark laws. You will respect copyright and trademark laws. You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.

As a Member, you agree not to use our Services to do any of the following:

Upload, post, or otherwise transmit any Member Content that:

• Violates any local, state, federal, or international laws
• Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
• Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
• Links directly or indirectly to any materials to which you do not have a right to link
• Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
• Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our third-party sites.
• Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
• In the sole judgment of Fig Education is objectionable or restricts or inhibits any other person from using or enjoying our third-party platforms, or

which may expose Fig Education, our affiliates, or our Members to any harm or liability of any type.

Use our Content to:

• Develop a competing website
• Create compilations or derivative works as defined under United States copyright laws
• Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
• Decompile, disassemble, or reverse engineer our Website, Services, and any related software
• Use our third-party platforms in any manner that violates these Terms or any local, state, federal, or international laws

In addition:

• You will not “stalk,” threaten, or otherwise harass another person;
• You will not spam or use our third-party platforms to engage in any commercial activities;
• If you post any Member Content, you will stay on topic;
• You will not access or use our third-party platforms to collect any market research for a competing business;
• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• You will not interfere with or attempt to interrupt the proper operation of our third-party platforms through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to our third-party platforms through hacking, password or data mining, or any other means;
• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on our third-party platforms;
• You will not use any robot, spider, scraper, or other automated means to access our third-party platforms for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Website for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
• You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

13 MEMBER CONTENT; LICENSES

1. As noted above, the Fig Education provides Members the ability to post and upload Member Content. You expressly acknowledge and agree that once you submit your Member Content for inclusion into our third-party platforms, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Member Content, including, without limitation, any personally identifying information that you may make available. You, and not Fig Education, are entirely responsible for all your Member Content that you upload, post, email, or otherwise transmit via the websites.

2. You retain all copyrights and other intellectual property rights in and to your own Member Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Member Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Member Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Member Content permitted by the previous sentence and/or to advertise and promote Fig Education, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Member Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Member Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.

3. If you submit Member Content to us, each such submission constitutes a representation and warranty to Fig Education that such Member Content is your original creation (or that you otherwise have the right to provide the Member Content), that you have the rights necessary to grant the license to the Member Content under the prior paragraph, and that it and its use by Fig Education and its content partners as permitted by these Terms does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.

14. MEDIA RELEASE

You acknowledge that during your participation of Fig Education services, you may be subject to photographs, video, sound recordings, or other media captures of your face, name, voice, or likeness. In consideration of your participation in the services, you hereby and irrevocable consent to the use, publication, distribution, broadcasting, reproduction, live-streaming, editing, recording, posting, copywriting, licensing, digitization, and or re-release of the Released Media, as defined below for any legal reason or purpose, including but not limited to social media, commercial products, education, course materials, video footage, sales, marketing, or any other medium in any form that has been or will be invented.

The Released Media will include, but is not limited to, all photographs, videos, recordings, paintings, sculptures, and all other media currently known or developed in the future, captured of you and your likeness during the use of Fig Education services.

You release Fig Education from any and all claims and demands arising out of or in connection with any use of the Released Media, including but not limited to, claims for privacy violation, right of publicity claims, defamation and or any other intellectual property rights.  You claim no ownership of the Released Media and forego any opportunity, whether past or present, to copyright or trademark the Released Media.

You consent to the media release while knowing and understanding that your name, comments, and other identifying factors may be revealed to the general public. However, Fig Education will not make known to any party in any medium your known or previously known location, email, telephone number, physical address, or any other contact details.

15. NO WARRANTIES OR GUARANTEES OF RESULTS

Fig Education makes no warranties or guarantees, and expressly disclaims all warranties regarding any results, including but not limited to potential income earnings,  that you will achieve through your purchase. Any testimonials are examples only of results some clients have achieved and are not intended to represent or guarantee that anyone will achieve the same or similar result.

16. WARRANTY DISCLAIMER

Fig Education is not responsible or liable in any manner for any Content posted on our third-party platforms or in connection with our Services, whether posted or caused by Members of the Fig Education services, or by Fig Education. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our third-party platforms or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our third-party platforms or Services. Fig Education is not responsible for the online or offline conduct of any Member of our third-party platform or Services.

Our third-party platform or Services may be temporarily unavailable from time to time for maintenance or other reasons. Fig Education assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.

Fig Education is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our third-party platform or Services, including, without limitation, any software provided through our third-party platform or Services.

Under no circumstances will Fig Education be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our third-party platform or Services, or any interactions between Members of Fig Education services or Services, whether online or offline.

Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with Fig Education by third parties or by any of the equipment or programming associated with or utilized by our Services.

The information, content, and documents from or through the Fig Education services are provided ‘as-is’, ‘as available’, with ‘all faults’, and all express or implied warranties are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). Our third-party platforms and services may contain bugs, errors, problems, or other limitations.

Fig Education, including all our affiliates, has no liability whatsoever for your use of our website or services. Fig Education does not represent or warrant that our content, services, or any software found within are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such content or software and use industry-recognized software to detect and remove viruses. All responsibility or liability for any damages caused by viruses somehow attributed to our content, services, and related software is disclaimed.

17. MODIFICATION OF THESE TERMS

Fig Education reserves the right to change the terms, conditions, and notices under which the Fig Education services are offered. By purchasing you agree to this policy and will be deemed bound to this policy in effect as of the date of such use.

18. JURISDICTION OF LAW

The laws of the State of North Carolina will apply to any dispute arising out of or relating to these Terms or the Services.  All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the state of federal courts of North Carolina, and you consent to personal jurisdiction and exclusive venue in such courts.

19. SEVERABILITY AND SURVIVAL

Should any part of these Terms be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with these Terms, these Terms will take precedence. Our failure to enforce any provision of these Terms will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under these Terms will survive any termination of these Terms.

20. ENTIRE AGREEMENT

These Terms constitutes the entire agreement between The Parties regarding the subject matter hereof and supersedes all prior discussions and writings between the parties.