Terms of Contract for Digital Courses
Last Modified: September 12, 2019
1. INTRODUCTION
IMPORTANT: THIS IS A LEGAL AGREEMENT BETWEEN YOU (“USER”) AND MECHANIKIDS, LLC DBA RUPPRECHT DRONES (“COMPANY”), A FLORIDA COMPANY LOCATED AT 800 Village Square Crossing, 331, Palm Beach Gardens, FL 33410. THE TERMS AND CONDITIONS OF THIS AGREEMENT WILL GOVERN USER’S USE OF https://rupprecht-drones.thinkific.com or www.rupprechtdrones.com AND COURSES LISTED ON THE WEBSITE HEREINAFTER REFERRED TO COLLECTIVELY AS “WEBSITE”. COMPANY WILL LICENSE ACCESS TO THE USER TO THE WEBSITE IN CONSIDERATION THAT USER AGREES TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT (“AGREEMENT”). IF USER DOES NOT AGREE TO ALL PROVISIONS, USER IS NOT GRANTED PERMISSION TO USE OR ACCESS THE WEBSITE.
2. FINAL AND BINDING ARBITRATION
USER and COMPANY both agree to final and binding arbitration. This applies to all kinds of claims under any legal theory. Any claim of less than US $10,000 must be resolved exclusively through binding non-appearance based arbitration.
PROCEDURES. Whichever party elects to do arbitration shall initiate arbitration proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules.
ADDITIONAL ARBITRATION PROVISIONS. In addition to the rules and process just stated, USER and COMPANY agree to the following additional provisions to the arbitration proceedings:
(a) Arbitration may be done by telephone, video conferencing online services (e.g. Skype), or solely by written submissions;
(b) There shall be no personal appearance by either party or witnesses unless both parties agree in writing;
(c) The losing party to the arbitration will pay the prevailing party’s filing fees and reasonable attorney fees;
(d) An arbitrator cannot combine more than one person or company’s claim into a single case with USER;
(e) The arbitrator cannot preside over any consolidated, class, or representative arbitration proceedings relating to COMPANY;
(f) The judgment of the arbitrator can only impact the party that brought the claim, not any other person’s claim.
AND
(g) Judgment by the arbitrator and/or prevailing party’s award for attorney fees and filing fees may be enforced in any court of competent jurisdiction.
If any portion of Section 2 is held to be unenforceable or invalid by a court, the rest of the AGREEMENT will still apply.
3. WAIVER OF CLASS ACTION IN ARBITRATION OR IN COURT. USER cannot bring a claim as plaintiff or class member in a class action, a consolidated action, or a representative action against COMPANY.
4. VENUE SELECTION IN THE EVENT THE LEGAL DISPUTE IS NOT SUBJECT TO ARBITRATION. If the arbitration conditions in Section 2 are determined to be invalid, unenforceable, or unqualified, the legal dispute shall be resolved in the federal or state courts in Palm Beach County, Florida subject the provisions in Section 3 describing the waiving of class actions.
5. NOTICE. USER’s continued use of WEBSITE and courses after updates to this AGREEMENT are posted at https://rupprecht-drones.thinkific.com/pages/terms-of-contract-for-courses?p=1 (“Terms of Contract Page”) shall mean USER accepts any changes. If USER disagrees with the update, USER should cease use of WEBSITE and contact COMPANY. Because of this, USER agrees to visit the Terms of Contract Page regularly as any updated terms shall supersede all previously agreed to terms.
By using WEBSITE, USER agrees that COMPANY may communicate with USER electronically solely by updating terms on https://rupprecht-drones.thinkific.com/pages/terms-of-contract-for-courses?p=1
If this section is held invalid or unenforceable in any way, the rest of the AGREEMENT shall still be valid and in effect and not suffer from any formation issues.
6. WARRANTIES.
THE WEBSITE AND COURSES ARE “AS IS” AND “AS AVAILABLE.” USER EXPRESSLY UNDERSTANDS AND AGREES THAT USER’S USE OF THE WEBSITE IS AT USER’S SOLE RISK.
COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY) INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AND NON-INFRINGEMENT.
COMPANY DOES NOT WARRANT AND EXPRESSLY DISCLAIMS THAT:
(A) THE WEBSITE WILL MEET USER’S NEEDS AND/OR COMPUTER REQUIREMENTS;
(B) THE WEBSITE OR ANY THIRD-PARTY SERVICES USED IN CONNECTION WITH WEBSITE WILL BE CONTINUOUS, ACCURATE, NOT INTERRUPTED, DEPENDABLE, TIMELY, RESPONSIVE, SECURE, ERROR-FREE, OMISSION FREE, OR FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS;
(C) THE WEBSITE ARE FREE OF ERRORS AND/OR OMISSIONS;
(D) ANY ERRORS OR OMISSIONS ON THE WEBSITE WILL BE CORRECTED; AND
(E) THAT RECORDS ON WEBSITE OR THE WEBSITE THEMSELVES WILL NOT BE DELETED OR ALTERED
7. CHILD ONLINE PRIVACY PROTECTION ACT.
The WEBSITE is not directed to persons under the age of eighteen (18). The terms of the license of this AGREEMENT require the USER to be 18 years or older.
8. STATUTE OF LIMITATIONS.
Any claim, cause of action, or arbitration proceeding (because of or related to the use of) the WEBSITE, the terms, any products, or services or information available through third party services connected to WEBSITE, MUST be filed within 1 year after such claim or cause or action HAPPENED, not discovered, regardless of any federal or state statutes or law. If not commenced timely, the claim, cause of action, or arbitration proceeding shall be forever legally barred anywhere.
9. SPECIFIC OBLIGATIONS OF USERS.
USER represents that USER:
-Is 18 years of age or older and has the legal capacity to enter into contracts.
-Will need to register and obtain an account and password.
-Will give only accurate and true information during the registration process.
-Is solely responsible for maintaining the confidentiality of the account and password.
-Will keep the account and email address information accurate at all times.
-Will notify COMPANY of any unauthorized use of USER’s account.
- Will not transfer account and password information to another person.
-Will not use another person’s account at any time.
-Will not submit any offensive, false, defamatory or libelous information to a review or survey.
-Is not a competitor of COMPANY or Rupprecht Law, P.A., including, but not limited to, a lawyer, law firm, form service, publisher, consultant, instructor, etc.
-Will not use the information gained from WEBSITE to compete with COMPANY.
-Will not sell, display, or share account and password to anyone.
-Will not scrape, copy, publicly display, compile a database, hack, crawl, reproduce, frame, prepare derivative works of WEBSITE in entirety or in part.
-Will not introduce any virus, trojan, worm, spyware, or conduct any other form of malicious activity toward COMPANY and/or WEBSITE.
-Will comply with any and all international, national, state, and local laws and regulations.
-Will not use WEBSITE for anything else not expressly granted in this AGREEMENT.
-Will pay all applicable fees, payments, and taxes as listed in Section 10 Fees, Payment, & Taxes.
-Agrees to the provisions in Section 12.
A violation of any of the above specific obligations of the USER may result in the immediate termination of account, password, and records on WEBSITE.
10. FEES, PAYMENT, & TAXES.
For the license to access the exclusive courses or videos on WEBSITE, USER will have to pay any fee listed, after coupon code or promotion are applied, at the time of purchase and agree to the terms of this AGREEMENT.
COMPANY reserves the right to change the fee in the future, even to free. ALL FEES ARE NON-CANCELLABLE AND NON-REFUNDABLE.
USER is solely responsible for all service, telephone, data charges or other fees and costs associated with USER’s access to and use of the WEBSITE.
PAYMENT.
Payment is only required to gain access and use of courses on WEBSITE. USER agrees to provide the COMPANY with valid, current, and complete credit card/debit card billing information. USER authorizes COMPANY to bill their credit card/debit card company for the amount billed on WEBSITE for access to courses. Access to the courses will ONLY be given to USER when USER’s credit card /debit card company pays the amount billed. COMPANY may use payment processors such as Paypal and/or Stripe.
TAXES.
USER is NOT responsible for taxes on COMPANY’s profits but USER is responsible for all other applicable taxes, including but not limited to, sales, use, transfer or other taxes, at any level such as, but not limited to, international, national, state, county, city, or local which are created by this AGREEMENT.
11. LICENSE GRANTED TO USER.
COMPANY IS WILLING TO LICENSE ACCESS TO THE USER TO THE WEBSITE IN CONSIDERATION OF USER AGREEING TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. IF USER DOES NOT AGREE, USER IS NOT GRANTED PERMISSION TO USE OR ACCESS THE WEBSITE.
All rights not expressly granted to USER are reserved to COMPANY. The terms, conditions, section titles, and/or sections of this AGREEMENT do not grant any implied licenses.
USER will be granted a limited, non-exclusive, revocable, non-assignable, non-transferable, and non-sublicensable right to access courses paid for.
USER’s license is revoked when USER request a refund even though COMPANY does NOT grant refunds.
Any material downloaded from WEBSITE is considered licensed for USER’s personal and non-commercial use. USER is not licensed to reproduce, redistribute, transmit, assign, rent, share, lend, sublicense, scrape, copy, publicly display, compile a database, hack, crawl, reproduce, frame, prepare derivative works of WEBSITE or its courses in entirety or in part.
12. GEOGRAPHICAL RESTRICTIONS ON USERS.
USER warrants that they are not located in or under the control of a foreign national or resident of the below mentioned countries or on any of the below mentioned lists.
(a) The country of, or a resident of, Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or
(b) Anyone on:
1. The United States Treasury Department's list of Specially Designated Nationals or
2. The United States Commerce Department's Table of Deny Orders.
USER agrees to not export/transfer any information to either (a) or (b).
COMPANY does not know the legality of the information OUTSIDE of the United States so USER is responsible for compliance with local laws.
13. TERM.
This AGREEMENT will remain in full force and effect so long as the WEBSITE and courses are in operation.
14. LIMITATIONS ON LIABILITIES.
COMPANY DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO USER’S USE OF WEBSITE, COURSE, AND/OR THIRD PARTY SERVICES, PRODUCTS, PLATFORMS CONNECTED TO WEBSITE, ANY SERVICES PURCHASED THROUGH THIRD PARTIES, OR ANY PRODUCTS PURCHASED THROUGH THIRD PARTIES.
Neither:
+COMPANY; OR
+COMPANY’S SUBSIDIARIES, AFFILIATES, LICENSORS, ASSIGNS, SUPPLIERS, ADVERTISERS, OR SPONSORS,
+COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES, SUB-CONTRACTORS, CONSULTANTS, ASSIGNS, OR AGENTS ARE RESPONSIBLE OR LIABLE FOR ANY:
-DIRECT,
-INDIRECT,
-INCIDENTAL,
-CONSEQUENTIAL,
-LIQUIDATED,
-SPECIAL,
-EXEMPLARY,
-RELIANCE,
-TREBLE,
-PUNITIVE, OR
-OTHER DAMAGES
UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, WEBSITE, COURSE, SERVICES, AND/OR MATERIALS.
15. NO ESTABLISHMENT OF CONFIDENTIALITY OR ATTORNEY-CLIENT RELATIONSHIP BY USE OF WEBSITE.
By use of WEBSITE, USER acknowledges that no attorney-client relationship is formed. Neither USER’s receipt of information from WEBSITE. Furthermore, USER acknowledges and agrees that purchasing access or use of courses, documents, and/or videos from COMPANY does not form an attorney-client relationship with COMPANY or Rupprecht Law, P.A.
USER acknowledges COMPANY is not a law firm and that USER should contact a competent attorney for help and not COMPANY.
USER may not use WEBSITES to provide confidential information about a legal matter of USER to the COMPANY.
16. NOT LEGAL ADVICE.
All information on WEBSITE is not legal advice. WEBSITE includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. USER needs to contact a lawyer for advice on specific legal issues problems.
The information provided is provided generally but is not specific to USER. If USER needs legal help, USER should contact a licensed attorney in USER’s state because there are many variations on the law and legal principles across the United States. USER acknowledges COMPANY does not make any claim that the information on WEBSITE will make USER legally compliant with laws or regulations around the United States or internationally.
17. INTELLECTUAL PROPERTY RIGHTS.
To the best of COMPANY’s knowledge, any materials or intellectual property created are original or appropriately licensed and do not infringe upon the intellectual property rights of others.
Unless USER is given prior approval, all rights are reserved to COMPANY. USER may not edit, change, create derivative works of, or obscure the trademarks, service marks, trade names, trade dress, or logos or link to any of them.
18. LICENSE TO USE YOUR CONTENT OR IDEAS.
USER agrees that by submitting any content, ideas, or any concepts to COMPANY via review, survey, or email, USER grants COMPANY a license. USER understands and agrees that COMPANY will not compensate for this license. The license will be perpetual, worldwide, non-exclusive, royalty free, sublicensable, assignable, and transferable license to use, reproduce, distribute, sell, exploit, create derivative works of, or display the USER’s idea or concepts in connection with the WEBSITE or courses which may include, but not be limited to, promotions, or redistribution in any other media format or channels.
19. INDEMNIFICATION & HOLD HARMLESS.
USER agrees to indemnify, defend, and hold harmless the following entities: COMPANY, its shareholders, Officers, Partners, Directors, Employees, Contractors, Agents, Affiliates, Licensors, Contractors, Heirs, Successors, and Assigns from and against any and all legal claims, causes of actions, demands, losses, liabilities, damages, or expenses (including, but not limited to, attorney’s fees, expert witness fees, or costs) of any nature whatsoever directly or indirectly or incurred by COMPANY which arise directly or indirectly, in whole or in part, out of USER’s:
-Breach of any of the provisions of this AGREEMENT,
-Use of website or course,
-Breach of any obligation formed by this AGREEMENT,
-Reliance upon advice, training, or technique provided through the website or course,
-Violation of any provision of this AGREEMENT, OR
-Violation of any law internationally or within the United States (such as but not limited to, statutes, regulations, ordinances, etc.).
USER’s obligation to defend COMPANY does not in any way give USER the ability to control COMPANY’s defense strategy or selection of legal counsel. USER agrees to fully cooperate as reasonably required with COMPANY’s strategy, selection of the attorney, and in asserting or not asserting any available defenses or counterclaims. COMPANY retains the right to determine the order of USER paying for any of the above costs to any of the parties listed above and USER agrees to cooperate with the payment order.
This section shall also be effective against USER’s heirs, assigns, successors, or representatives. USER’s obligations under this section shall survive the termination of this AGREEMENT.
20. ASSIGNMENT.
COMPANY may assign any rights and obligations originating from this AGREEMENT to another person. USER fully acknowledges and understands that USER’s rights and obligations originating from this AGREEMENT CANNOT be assigned to another person.
21. TERMINATION & PROVISIONS SURVIVING TERMINATION.
COMPANY reserves the right to terminate, suspend, modify, or delete, at COMPANY’s sole discretion:
(1) Content, data, and material submitted by USER; and
(2) USER’s access to WEBSITE or USER’s course account because of:
(A) USER breaching any of the provisions of this AGREEMENT; OR
(B) USER terminating USER’s use of the WEBSITE or access to courses at any time, either by ceasing to access them or by deleting USER’s Account.
COMPANY may act immediately on USER’s access to website or use of account without notifying USER. USER agrees that COMPANY shall not be in any way liable to USER for purchases. If USER is terminated, USER understands and agrees USER will not be:
-Compensated in any way; or
-Eligible for any refund for courses purchased.
COMPANY has no obligation to retain any of USER’s account, data, material, content for any period of time.
Following termination, all applicable provisions such as, but not limited to, final and binding arbitration, waiver of class action, venue selection, proprietary rights, payment or accrual of fees, statute of limitations, disclaimer of warranty, indemnification, holding harmless, severability, limitation of liability, waiver, agreement not to compete, or license to use USER’s content or ideas shall survive the termination of this AGREEMENT.
22. FORCE MAJEURE
USER agrees to not hold COMPANY liable or responsible for any failure to perform, or delay in performance of, any of its obligations that are caused by events outside of COMPANY’s reasonable control.
Events would be, but not limited to, restrictions by law, acts of God, terrorist attack, storms, internet service provider failure, third-party services breakdowns, fire, labor disputes, or other similar events.
23. WEBSITE AND SYSTEM OUTAGES
There may be updates or maintenance done to the WEBSITE’s hosting services, payment processors, email service provider, or other services, which may result in WEBSITE being inaccessible or unusable. WEBSITE, third-party services associated with WEBSITE, internet service providers, or systems connected to WEBSITE may have outages.
USER agrees that COMPANY cannot be liable for: (1) any unavailability, any inaccessibility, or outages of WEBSITE, third-party services associated with WEBSITE, internet service providers, or systems connected to WEBSITE, (2) any loss, delay, or misdelivery of data or transactions as a result of any unavailability, any inaccessibility, or outages of WEBSITE, third-party services associated with WEBSITE, internet service providers, or systems connected to WEBSITE, or (3) any outages caused by any third parties, including without limitation, any companies or any servers hosting WEBSITE, any internet service providers, any payment processors, any email service providers, or any internet facilities and networks.
24. AGREEMENT NOT TO COMPETE
If USER is granted access to any course, regardless of whether USER paid for access or not, on WEBSITE, USER agrees to not compete with COMPANY in regards to providing a course similar to the course USER has access to. Compete means to provide or create, for compensation or without compensation, similar material or derivative works of courses on WEBSITE in any format including but not limited to, online, in person, or self-study via study material for personal, commercial, or internal company use. This agreement to not compete is valid for 364 days through the entire United States since COMPANY’s business is throughout the United States. If a court holds this provision to be unenforceable, illegal, or void, the scope and period will be for the greatest amount allowed under that jurisdiction’s law.
25. SEVERABILITY
If any provision of this AGREEMENT is found to be illegal, void, or unenforceable, then that specific provision shall be deemed severable from this AGREEMENT and shall not affect the legality, validity, or enforceability of any remaining provisions of the AGREEMENT.
26. THIRD PARTY LINKS
WEBSITE may contain links to third-party WEBSITE, products, services, or applications. USER agrees that COMPANY cannot be held liable for any damages resulting from the use of third-party WEBSITE, products, services, or applications.
USER acknowledges and agrees to the use by COMPANY of affiliate links on the WEBSITE to third-party WEBSITE, products, services, or applications.
27. PERMISSION TO CONTACT USER
USER agrees to let COMPANY contact USER. This also means USER agrees to be added to COMPANY’s newsletter.
28. REFUNDS
USER’s license is revoked when USER requests a refund. All fees are non-cancellable and non-refundable.
29. ENTIRE AGREEMENT.
This AGREEMENT is the ENTIRE AGREEMENT between USER and COMPANY regarding WEBSITE. This AGREEMENT shall supersede all previous written or oral agreements, all previous or contemporaneous understandings, representations, warranties, and terms and conditions.
30. WAIVER
Any provision of this AGREEMENT may be waived but only by a written instrument executed by the party entitled to the benefit of the right or provision. The failure of either party to exercise or enforce any right or provision of this AGREEMENT will NOT constitute a waiver of any right or provision.
31. RELATIONSHIP
This contract does NOT form any partnership, joint venture, agency, legal representation, or employment or sub-contractor relationship with the other party.
32. DATA RETENTION AND REQUEST
If USER cancels USER’s account or stops using COMPANY’s WEBSITE, COMPANY is not obligated to preserve any of USER’s data. After termination, COMPANY is not required to provide USER with the data associated with USER’s account.
33. NOTICE AS TO RUPPRECHT DRONES IN RELATION WITH RUPPRECHT LAW, P.A.
Rupprecht Law, P.A. is a separate and distinct business from Mechanikids, LLC doing business as Rupprecht Drones (“COMPANY”). COMPANY is 100% owned by the wife of Jonathan Rupprecht. Jonathan has 0% ownership in COMPANY but does have a financial interest in it.
In the overabundance of caution, any current clients of Rupprecht Law, P.A. are advised to seek independent legal counsel BEFORE doing business with COMPANY (Jonathan’s wife’s company) as the terms of this AGREEMENT with COMPANY may be to the financial and legal benefit of COMPANY and Rupprecht Law and the financial and legal detriment of Rupprecht Law, P.A.’s client. Additionally, an independent attorney provides oversight on any legal advice an attorney may provide that favors the attorney’s interest at the expense of the client. Rupprecht Law, P.A., or any of its attorneys, will not be representing any of the clients in any transactions with COMPANY.
USER, if a current client of Rupprecht Law, P.A., affirmatively states that USER has had reasonable time and opportunity to seek independent legal counsel regarding any transactions with COMPANY. Additionally, CLIENT fully understands and agrees to the terms and conditions of this AGREEMENT.