Tess Tims Institute
Online Course Terms and Conditions

Last Updated: February 2017.

These Online Course Terms and Conditions (these “Terms and Conditions”) outlined below, contains the terms and conditions that govern your purchase, access to and use of the Online Courses (each a “Course”) offered by Tess Tims Institute, and is an agreement between Tess Tims Institute – a Texas Company with its principal address and head office located at: 5090 Richmond Ave Suite 84 Houston, TX 77056 (“Tess Tims Institute,” “we,” “us,” or “our”) and you or the entity you represent (“you,”).

This Agreement takes effect when you purchase a Course and click an “I Accept” button or check box presented when you first sign up and access the Course (the “Effective Date”).

You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.

These Terms and Conditions define the terms and conditions under which you are allowed to access our Website www.tesstimsinstitute.com (the “Site”), and to purchase, access & view the Courses.

By accessing the Site, purchasing, accessing & viewing the Courses through any medium, you agree to be bound by these Terms and Conditions.

1. Courses

a) Our Courses are hosted through Thinkific (www.thinkific.com), a third party Courses hosting company. The Courses can be accessed through: http://tess-tims-institute.thinkific.com/collections (the “Course Platform”).

b) A description of each Course, together with the fees, curriculum and length of the Course and other particulars are available through a “Course Page” available on our Site and the Course Platform. We shall provide the Courses with reasonable care and skill in accordance with the description set out on each Course Page.

c) We reserve the right to vary or withdraw any Course listed on the Website and the Course Platform without notice.

d) We expect you to confirm that the Courses you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Courses.

2. Purchasing Courses Prerequisites

In order to purchase and access any of our Courses, you must register for an account with us through the Course Platform. If you already have an account on the Course Platform, you can log into your account using your username and password.

3. Registration Process

a) During registration, you will be required to provide your contact information, consisting of a valid email address, a desired username and password.

b) You can select any username as you like, except that your username cannot be an impersonation of another person, a term that is the same or confusingly similar to a famous trademark, or a term that is offensive in any way.

c) For certain other functions such as but not limited to the purchase of any of our Courses, you will be required to provide your name, address and billing and credit card information. You are required to provide accurate and complete information.

4. Account Information and Passwords

a) When you register, you agree to provide “Registration Information” about yourself that is complete and accurate, and you agree to keep this Registration Information current and accurate. We have the right to suspend or terminate an account and refuse use of the Course Platform if we reasonably suspect such Registration Information is untrue, inaccurate, out-of-date, or incomplete.

b) Upon registration, you will be asked to create a password. You may not share your password. You are solely responsible for securing and maintaining the confidentiality of your password and account, and you agree to accept responsibility for all activities that occur under your account.

c) You must (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session if using a publicly accessible device.

5. Course Fees

a) Fees for each of our Courses (“Course Fees”) are indicated on the Course Page either on our Site or the Course Platform. We may revise the Course Fees for each Course from time to time, without notice.

b) When purchasing, you will be required to pay the full indicated Course Fees for the desired Course, indicated on the Course Page.

6. Course Purchasing Process

a) You can only purchase a Course exclusively through the Course Platform. You must have or register for an account with us in the order to purchase and access the Course.

b) When you place an order for a Course via the Course Platform, you are offering to purchase the Course pursuant to these terms and conditions. We reserve the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with section 6(d) below.

c) Following receipt by us of your order for the Course, we will send you an email confirming receipt of your order.

d) A legally binding agreement between us and you shall come into existence when we have:

e) Where your order consists of multiple Courses, each individual course will be treated by us as a separate offer to purchase. Acceptance of your offer to buy one or more Courses will not be acceptance by us of your offer to purchase any other courses which make up your order.

7. Payment Terms

a) Course Fees are payable in U.S. dollars.

b) The Course Fees for the Course selected and purchased by you on the Course Platform shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to you accessing the purchased Course.

c) Any fees charged by your debit or credit card provider in connection with your purchase of Courses are for your own account and Tess Tims Institute shall not be responsible for these. You shall be responsible for all costs you incur in connection with your access to the purchased Course.

d) Payments can be made by PayPal, Visa, Visa Electron, Visa Debit and MasterCard. You must be able to confirm that the credit/debit card that is being used is your own, or that you have been specifically authorized by the owner of the credit/debit card to use it.

e) All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Tess Tims Institute, we will not be liable for any delay or non-provision of access to the Online Course. Where applicable, prices are inclusive of state taxes.

f) All transactions on the Course Platform are processed using secure third party online payment gateways that encrypts your card details in a secure host environment.

g) Enrollee shall be provided a financing option for tuition payment subject to credit approval outlined by financing source or satisfactory criteria of in-house financing provisions of course provider, Tess Tims Institute.

8. Cancellations

a) Where we have accepted and confirmed the Courses being purchased by you and formed a legally binding agreement with you in accordance with section 6(d) it will be deemed a fully executed contract to be paid according to the applicable terms associated.

b) A 72-hour cancellation period shall be permissible only with allowable course access through Module 1. Upon access of Module 2 and any remaining course content, no refund will be extended. The request for cancellation must be received via postal service and must be postmarked on a date no later than the applicable 72-hour cancellation period.

9. No Liability

a) No part of the provision of the Courses shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of any investment advice.

b) Although Tess Tims Institute aims to provide the Services to the highest standards of the industry, we do not accept any liability for (i) any inaccuracy or misleading information provided in the Course Materials and any reliance by you on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

c) Except to the extent that they are expressly set out in these Terms and Conditions, no conditions, warranties or other terms shall apply to the Courses. No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

d) Tess Tims Institute’s total liability arising from or in connection with these Terms and Conditions and in relation to anything which we may have done or not done in connection with these Terms and Conditions and the delivery of the Courses (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Course Fees received by us in connection with the relevant Course ordered, in relation to which a dispute has arisen.

e) No claim may be brought more than six months after the last date on which the Courses concerned have finished or ceased to be provided by us.

f) Each active enrollee will have access to course/curriculum for a period of 6 months after enrollment date.

10. Course Materials Intellectual Property and Copyright

a) Collectively, “Course Materials” is defined as all content incorporated in a Course, including without limitation, text, headlines, files, images (such as photos, icons, visual interfaces, graphics, and design), audio, video, presentations, and the compilation, arrangement, and assembly of such Materials with hyperlinks, and all other elements of the Course provided by Tess Tims Institute.

b) In consideration of the Course Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the Course Materials in respect of the Course for the sole purpose of viewing and completing the Course.

c) You acknowledge each Course has been developed, compiled, prepared, revised, selected, and arranged by Tess Tims Institute and its affiliates and other information sources through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Tess Tims Institute and such others.

d) You agree to protect such proprietary rights during and after the term of this agreement and to comply with all reasonable written requests made by Tess Tims Institute and its licensors of content or other materials in order to protect their contractual, statutory, and common law rights in any Course Materials.

e) You are not authorized to:

f) Breach by you of this Section shall allow us to immediately terminate these Terms and Conditions with you and cease to provide you with any Services, including but not limited to access to the Courses.

11. Confidentiality

a) Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these Terms and Conditions, and shall return it on demand and not retain copies of it.

b) Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

c) This clause shall continue notwithstanding termination of these terms and conditions.

12. Termination

a) We shall be entitled to terminate these Terms and Conditions and cease to provide you with access to any Courses with immediate effect in the event that you:

b) On termination clause 9 (No Liability), 10 (Course Materials Intellectual Property and Copyright), and 11 (Confidentiality) shall continue notwithstanding such termination.

13. Assignment

a) Any Courses provided by us under these Terms and Conditions are personal to you and cannot be transferred or assigned to any other person.

b) We shall be entitled to assign these Terms and Conditions to any other company without prior notice to you.

14. Force Majeure

Tess Tims Institute shall not be liable to you for any breach of its obligations or termination under these Terms and Conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes or government regulations.

15. Governing Law and Dispute Resolution

a) You agree that the laws of the State of Texas, USA and US federal law govern these Terms and Conditions, its subject matter, your use and access to the Courses, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

b) You further agree that any disputes or claims that you may have against us will be resolved through arbitration in accordance with the rules of the American Arbitration Association, by a court located in the city of Houston, Texas, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

By agreeing to these Terms and Conditions, you are: (1) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (2) irrevocably consenting to the exclusive jurisdiction of, and venue in, the state or federal courts in the State of Texas over any disputes or claims you have with us; and (3) submitting yourself to the personal jurisdiction of such courts for the purpose of resolving any such disputes or claims.

16. Changes

a) We may modify or change any part of these Terms and Conditions at any time, without prior notice.

b) You can review the most current version of these Terms and Conditions by clicking on the Site’s Course Terms and Conditions link. You are responsible for checking these terms periodically for any changes.

c) If you continue to access the Courses after we make the changes to these Terms and Conditions, you are signifying your acceptance of the new terms.

17. Entire Agreement

These Terms and Conditions, together with other applicable policies available on the Site and the Course Platform are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral.

18. Severability

If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision of these Terms and Conditions, and such invalid provision shall be deemed to be severed from these Terms and Conditions.


Tess Tims Institute
Online Course Disclaimer

Last Updated: March 2017.

1. Introduction

This Online course Disclaimer covers all aspects of the educational courses (each, a “Course”) offered by Tess Tims Institute (“Tess Tims Institute,” “we,” “us,” or “our”), available on: http://tess-tims-institute.thinkific.com/collections. These course are primarily taught by and presented by Tess Tims and/or any other presenter she may designate.

By enrolling and participating in any Course, the Customer (“You”) agree that Tess Tims only represents and warrants that she will provide you with the information and materials necessary to satisfy the Course goals and requirements.

2. Certificate of Completion

Tess Tims Institute is not an accredited School, College or University. We cannot offer you any sort of diploma, degree or online certification.

What we do offer is a certificate of Course completion. This certificate states that You have completed a Course offered by us.

3. No Guarantee of Accuracy

While every effort is made to present accurate and reliable information (“Information”) on each Course, we do not guarantee that such Information will be accurate.

We shall endeavor to keep the information up-to-date and accurate but we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or suitability of the Information with respect to each Course, for any purpose.

4. Earnings Disclaimer

There are no guarantees, of any nature and kind that you will earn any money using the strategies, techniques, and Information you will learn from any Course. Nothing contained in the Course or our Website is a guarantee or promise of any earnings.

Your level of success will be determined by many factors including but not limited to: Knowledge, time, financial resources, creativity and ability. Because these factors differ between each person, We cannot guarantee your success, income level or ability to earn any revenue.

Any statements describing a future condition or outcome outlined on our Courses are simply our opinions or forecasts for future potential and not guarantees or promises of actual performance.

Indemnification

Inaccuracy of the Information and/or your failure to achieve any level of success or earn any earnings as specified in Sections 3 and 4 above respectively, is beyond the control, fault or cause of Tess Tims Institute and/or Tess Tims herself.

You agree to fully release and waive any and all claims against Tess Tims and Tess Tims Institute, relating to your failure to achieve any level of success or earn any earnings as a result of enrolling and participating in the Course.

This waiver is intentional, knowing and voluntary and done on your behalf without any undue duress or influence by Tess Tims and/or Tess Tims Institute.

Contact Us

If you have any questions, comments or need any clarifications concerning this Online Course Disclaimer, please Contact Us.