New Masters Academy Terms and Conditions

Effective as of November 16, 2021 (Click here to view previously effective Terms and Conditions)

1. Contractual Relationship

These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement between you (the “User” or “you”) and New Masters LLC (“New Masters Academy”, “New Masters” “us”, “our,” or “we”). This Agreement applies to your use of the New Masters Academy Website https://www.nma.art/ (the “Site”), including mobile and online versions and to the download and use of any of our applications, and the use of the Online Video Library (“OVL”), Online Image Reference Library (“ORL”), Online 3D Content Library (“OCL”), and coaching, whether through a paid subscription or free trial, which together with related services, information, and communications are collectively referred to as the “Services.”

The use of all personal data you submit to the Site or which we collect about you is governed by our Global Privacy Policy (“Privacy Policy”). A copy of our Privacy Policy is available at https://www.nma.art/privacy-policy/. You acknowledge that by using the Services, you have reviewed and agree to the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms and Conditions of Use and together form and are hereinafter referred to as the “Agreement”.

BY ACKNOWLEDGING THE TERMS AND CONDITIONS OF USE AND/OR VISTING, BROWSING OR USING THE SITE, AND/OR USING THE SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) AND YOU ACCEPT ALL OF ITS TERMS.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, DO NOT USE OR ACCESS THE NEW MASTERS SITE OR SERVICES.

Some New Masters Academy services are available to you for free, while others require that you create a User Account and pay a Subscription Fee for access. Access to and use of the New Masters Services, whether accessed with or without payment are subject to the terms and conditions of this Agreement.

New Masters Academy reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms and Conditions of Use and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the New Masters Services, or any content or information through the New Masters Site at any time, effective with or without prior notice and without any liability of New Masters Academy. You agree to review these Terms and Conditions of Use and other online policies posted on the Site periodically to be aware of any revisions.  If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using, the New Masters Services. Your continued use of the New Masters Services following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except to the extent prohibited by any laws or regulations in your jurisdiction. New Masters Academy may also impose limits on certain features or restrict your access to part or all of the New Masters Services without notice or liability.

Except as otherwise stated herein, any change to this Agreement is effective immediately after New Masters Academy gives notice to you. Notice can be given to you through e-mail, a posting on the Site, or any other means by which you may obtain notice.

2. About the New Masters Services

New Masters Academy provides a learning website for artists that includes online courses and reference materials, including high-quality images for you to practice with, as well as many 3D models for you to study from in our 3D viewer. New Masters Academy provides foundational art training, but does not provide a degree or college credit at this time.

New Masters offers the following levels of service to Users: Free Registration; Standard Subscription; Premium Subscription; and Coaching.  Access to the reference library is only included with Premium Subscriptions. Feedback and critiques are available through the Coaching program and may be provided at the instructor’s discretion in Live Classes. Any views and opinions expressed by New Masters Academy coaches or instructors are their own and do not necessarily reflect the views and opinions of New Masters Academy. We also have a community forum, where you can get feedback on your work from other students.

3. Free Registration

To submit comments on community forums on the Site, you must register for a User ID. It is free to register for a User ID (“Free Registration”). You register by providing an e-mail address and password

4. Subscription Services

a. Standard Subscription

For a fee, New Masters offers a Standard Subscription with access to streaming of the online video library (OVL), which includes all courses (more than 1,500 hours of content). You can watch them at any time and change between them as often as you want. You must pay a Standard Subscription fee as listed on the Site. Right of access to the OVL is effective only upon payment of the subscription fees.

New Masters Academy also provides interactive live stream instruction throughout the year with Live Classes. Live Classes will be available to New Masters Academy subscribers and may require subscribers to RSVP to reserve their spot in class. There is no guarantee of the number of classes available, or how often they will be available. Live Class schedules will be made available to subscribers via email and on the website. While instructors strive to answer all questions and critique all submitted artwork, NMA does not offer any guarantee that your question or artwork will be responded to.  Any views and opinions expressed by New Masters Academy coaches or instructors are their own and do not necessarily reflect the views and opinions of New Masters Academy. More information is available upon request to classes@nma.art.

New Masters offers different recurring payment options to subscribe to the Standard Subscription: (1) an automatically billed monthly subscription (“Monthly Renewal”); and (2) an automatically billed annual subscription (“Annual Renewal”). New Masters may, at various and limited times, offer promotional renewals of quarterly renewals (“Quarterly Renewal”) or 6-month renewals (“Biannual Renewal”). Please see section 4d (Recurring Payment Options) below for specific terms regarding cancellation, renewals, and automatic billing.

b. Premium Subscription

Users with a Premium Subscription will have access to everything in the Standard Subscription, plus access to the Online Image Reference Library (ORL), and Online 3D Content Library (OCL). Premium subscribers can practice with 50,000+ professional-quality reference images in the ORL. Premium subscribers also have access to our one-of-a-kind 3D viewer that lets you study anatomical models, full-body life scans, master sculptures, conceptual models, and more, directly in your browser. In the OCL, you can move the camera, change the lighting setup and even change the scene and material properties. Please see section 8 regarding specifications for optimal use of the ORL and OCL. You must pay a Premium Subscription fee as listed on the Site. Right of access under the Premium Subscription is effective only upon payment of subscription fees. New Masters offers different recurring payment options to subscribe to the Premium Subscription: (1) Monthly Renewal; and (2) an Annual Renewal. New Masters may, at various and limited times, offer promotional Quarterly Renewal or Biannual Renewal. Please see section 4d (Recurring Payment Options) below for specific terms regarding cancellation, renewals, and automatic billing.

c. Coaching Subscription

New Masters offers online one-on-one coaching plans (the “Coaching Subscription”). The pricing and features offered are shown on the Site. New Masters offers a monthly recurring payment option to subscribe to the Coaching Subscription. New Masters may, at various and limited times, offer promotional Annual Renewal, Quarterly Renewal or Biannual Renewal. Please see section 4d (Recurring Payment Options) below for specific terms regarding cancellation, renewals, and automatic billing.

The following additional terms and conditions apply to the Coaching Subscription:

  • You must commit to a minimum of 3 months of coaching;
  • You may switch your coach after your initial session, but additional coaching fees may apply;
  • You must provide updated contact information with the student coordinator;
  • You must provide your availability to the student coordinator;
  • You must be on time and ready to work for your scheduled coaching sessions;
  • If you are going to miss a scheduled session, you must give at least 24 hours’ notice and you will be rescheduled that session. If you do not give 24 hours’ notice, you will not be allowed to reschedule that session and will still be charged for that session even if you do not attend.
  • Additional time with coaches may be available at an additional charge, and you must contact the student coordinator regarding any special requests at coaching@nma.art;
  • You may not share any of the content your coach provides for you;
  • Some Coaching Subscriptions may include access to Online Video Library (“OVL”), Online Image Reference Library (“ORL”), and/or Online 3D Content Library (“OCL”). If your Coaching Subscription grants you such access, all the terms and conditions regarding the use of OVL, ORL, and OCL apply. If you downgrade your Coaching Subscription to a level without such access, you will lose access to the OVL, ORL, and/or OCL.
  • You may not request or receive services from a New Masters Academy coach outside of the New Masters Academy coaching program;
  • Any views and opinions expressed by New Masters Academy coaches are their own and do not necessarily reflect the views and opinions of New Masters Academy; and
  • Comments and concerns regarding your Coaching Subscription can be sent to coaching@nma.art

d. Recurring Payment Options

New Masters offers different recurring payment options for subscriptions: (1) Monthly Renewal; (2) Annual Renewal. New Masters may, at various and limited times, offer promotional Quarterly Renewals and Bi-Annual Renewals.

Monthly Renewal: By choosing a Monthly renewal, you agree to an initial and recurring monthly subscription fee at the then-current subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. Your subscription automictically renews monthly until cancelled, and fees are charged on the same date of each corresponding month or on the final day of the month if no corresponding date. Subscription fees are non-refundable.  New Masters may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that New Masters Academy provides notice at least thirty (30) calendar days prior to the price schedule change. New Masters Academy may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information.

Quarterly Renewal:   By choosing a Quarterly Renewal, you agree to an initial and recurring 3-month subscription fee at the then-current subscription rate. After three months, and quarterly thereafter, you will be billed a recurring Quarterly Renewal fee at the then-current Quarterly Renewal rate. We will notify you before the renewal fee is billed. You may cancel your Quarterly Renewal any time before the next billing cycle, subject to the terms of our cancellation policy. Subscription fees are non-refundable.  Any discounts, rebates or other special offers are only valid for the initial term and regular rates will apply after the special offer is complete. New Masters may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that New Masters Academy provides notice at least thirty (30) calendar days prior to the price schedule change. New Masters Academy may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information.

Bi-Annual Renewal:   By choosing a Bi-Annual Renewal, you agree to an initial and recurring 6-month subscription fee at the then-current subscription rate. After six months, and every six months thereafter, you will be billed a recurring Bi-Annual Renewal fee at the then-current Bi-Annual Renewal rate. We will notify you before the renewal fee is billed. You may cancel your Bi-Annual Renewal any time before the next billing cycle, subject to the terms of our cancellation policy. Subscription fees are non-refundable.  Any discounts, rebates or other special offers are only valid for the initial term and regular rates will apply after the special offer is complete. New Masters may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that New Masters Academy provides notice at least thirty (30) calendar days prior to the price schedule change. New Masters Academy may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information.

Annual Renewal: By choosing an Annual Renewal, you agree to an initial pre-payment for one full year. After one year, and annually thereafter, you will be billed a recurring Annual Renewal fee at the then-current Annual Renewal rate. We will notify you before the renewal fee is billed. You may cancel your Annual Renewal any time before the next billing cycle, subject to the terms of our cancellation policy. Subscription fees are non-refundable.  Any discounts, rebates or other special offers are only valid for the initial term offered, and regular rates will apply after the special offer is complete. New Masters may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that New Masters Academy provides notice at least thirty (30) calendar days prior to the price schedule change. New Masters Academy may terminate the subscription and these Terms if it is unable to renew the subscription based on inaccurate or outdated credit card information.

AUTOMATIC RENEWALS: ONCE YOU SUBSCRIBE TO A PAID SUBSCRIPTION, NEW MASTERS AUTOMATICALLY RENEWS ALL PAID SUBSCRIPTIONS FOR THE SERVICES ON THE DATE SUCH SUBSCRIPTIONS EXPIRE AT THE SUBSCRIPTION RATE UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE END OF YOUR CURRENT TERM. WE ALWAYS COMMUNICATE RENEWAL PERIODS TO YOU, BEFORE YOU FINALIZE THE PURCHASE OF YOUR SUBSCRIPTION, UPON CONFIRMATION OF PURCHASE, AND IF APPLICABLE IN YOUR JURISDICTION, IN AT LEAST 30 DAYS PRIOR TO THE EFFECTIVE RENEWAL DATE. BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOUR ACCOUNT WILL BE SUBJECT TO THE ABOVE-DESCRIBED AUTOMATIC RENEWALS. IN CONNECTION WITH ANY RENEWAL, YOU AGREE AND AUTHORIZE US TO CHARGE YOU APPLICABLE CHARGES, INCLUDING APPLICABLE INSTALLMENT FEES, SALES OR OTHER RELATED TAXES TO WHICH YOUR SUBSCRIPTION MAY BE SUBJECT AND WHICH MAY VARY FROM TIME TO TIME. IN ALL CASES, IF YOU DO NOT WISH YOUR ACCOUNT TO RENEW AUTOMATICALLY, PLEASE FOLLOW THE DIRECTIONS SET OUT UNDER “CANCELLATIONS POLICY.”

e. Payment of Subscription Fees

When purchasing any paid subscriptions, you will be asked to supply certain payment information, including information regarding your billing account (such as credit card, debit card, or PayPal account number). You agree that all information you provide us will be accurate, complete, and current. By subscribing, you authorize New Masters and our payment processors to store and/or transfer your payment details and all other relevant information as needed to facilitate the processing of payments. You agree to pay all valid charges incurred by you or any other user of your account (including all installment payments and/or fees, if applicable) and/or any fees for the use of any payment mechanism or account connected to your New Masters subscription, including any applicable taxes and processing charges, if any, relating to your subscriptions. If any problems arise with the billing account or credit or debit card associated with your subscription (for example, the payment method cannot be verified, is invalid or is otherwise not acceptable), our payment processor will automatically reschedule the billing date until the amount due is paid in full. If these attempts fail and/or the issue(s) cannot be resolved by contacting the account and/or card issuer, we will notify you via email using the email address associated with your account requesting that you resolve the problem, and may suspend or terminate your subscription. You agree and authorize us to charge you applicable sales or other related taxes to which your subscription may be subject and which may vary from time to time.

f. Exclusive Use

Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity, except if previously agreed to by us. You acknowledge that New Masters is not responsible for third party access to your account that results from theft or misappropriation of your user names and passwords.

5. Cancellations Policy

Cancellation at Any Time with No Refund. You may cancel your subscription to any paid subscription at any time during the term of such registration or subscription or any renewal period by going to your subscription page (https://www.nma.art/my-account/billing-and-subscription/), click “view” next to the subscription you want to cancel, then click “cancel”. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term.

No Automatic Cancellation. If a subscriber purchases overlapping subscriptions, the prior subscription is not automatically cancelled, and the subscriber must affirmatively cancel the prior subscription. For example, if a subscriber decides to take advantage of a limited promotional price to purchase an Annual Subscription while subscribed to a Monthly Subscription, the User must cancel the Monthly Subscription. The User’s Monthly Subscription will not automatically cancel with purchase of an Annual Subscription. Similarly, if the User purchases an Annual Subscription while subscribed to a Quarterly Subscription or Biannual Subscription, the User must cancel the Quarterly or Biannual Subscription. The User’s Quarterly or Biannual Subscription will not automatically cancel with purchase of an Annual Subscription. However, if cancelled with at least one full month left on the old subscription, New Masters will add one month to the subscriber’s new Annual Subscription upon User request.

6. Free Trial

From time to time and at our sole discretion, we may offer you the opportunity to try a paid subscription for free for a limited time (the “Free Trial”). Free Trials are only available for new Users who have not previously signed up for a Free Trial or a paid subscription. Users with previous or existing paid or free subscriptions are not eligible for Free Trials. At the end of the Free Trial, you will automatically be billed for the first month or year (or other term length, as agreed upon during the purchase process), unless you cancel your subscription before the end of the Free Trial. You agree to comply with any additional terms, restrictions, or limitations connected to any Free Trial. You may not sign up for multiple accounts in order to receive a Free Trial. You may not change subscriptions during your Free Trial; however, you are free to change to any other paid subscription when your Free Trial expires.

7. Access to OVL, ORL, and OCL

New Masters Academy strives to provide the OVL, ORL, and OCL to its paid subscribers on a continuous basis. To that end, New Masters Academy will take all commercially reasonable efforts to provide uninterrupted access to the OVL, ORL, and OCL to its subscribers. However, from time to time, subscribers may be unable to access the OVL, ORL, and OCL due to conditions beyond New Masters Academy’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the OVL, ORL, and OCL to its subscribers, New Masters Academy will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.

New Masters Academy endeavors to provide the highest quality content to its Subscribers. To that end, New Masters Academy reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, and access to the Site and/or the terms of this Agreement. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on the Site. Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.

8. Specifications

The following specifications are required for optimal use of the ORL and OCL.

  1. Internet download speed of at least 3 Mbps;
  2. A computer running the latest version of Windows or MacOS;
  3. A modern web browser (Chrome, Firefox, Safari, Edge) updated to the latest version; and
  4. A minimum of 2GB of RAM for using the 3D model viewer.

9. Prohibited Conduct

User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:

  • Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects New Masters Academy’s computers, servers or databases.
  • Capture, download, save, upload, print or otherwise retain information and content available on the Site other than what is expressly allowed by these Terms.
  • Permit or provide others access to the Services using your account name and password or otherwise, or the name and password of another authorized User.
  • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create unauthorized derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the Site.
  • Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
  • Transfer the Site content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Site content; or “deep link” to the Site content. Violate or attempt to violate New Masters Academy’s security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of the Site or corrupt the Site in any way.
  • Engage in any other conduct which violates the Copyright Act or other laws of the United States.
  • Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other Users, the Site or New Masters Academy.
  • Use the Site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights.
  • Misrepresent your identity or personal information when accessing the Site; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by New Masters Academy.
  • Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
  • Advertise or otherwise solicit funds, goods or services on the Site.
  • Provide any commercial hosting service with access to the Site and/or the content on the Site.
  • Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and New Masters Academy staff.
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information.
  • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or New Masters Academy.
  • Upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage New Masters Academy or its Users’ computers.
  • Use the New Masters Site for any unauthorized or illegal purpose, including but not limited to posting in violation of local, state, provincial, national, or international law.
  • Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the New Masters Site, or the electronic addresses or personal information of others, in any manner.
  • Hack or interfere with the New Masters Site, its servers or any connected networks.
  • Adapt, alter, license, sublicense or translate the New Masters Site for your own personal or commercial use.
  • Use the New Masters Site or the services in violation of this Agreement.
  • Use the New Masters Site in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining New Masters Academy’s trade secret information for public disclosure or other purposes.
  • Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number.
  • Use tools with the goal of masking your IP address.

To ensure that Users of the Site do not engage in Prohibited Conduct, New Masters Academy reserves the right to monitor use of the Site and reserves the right to revoke or deny access to the Site or Services to any person or entity whose use of the Site suggests Prohibited Conduct.

Access of the materials available on the Site beyond that of normal patterns of use that suggests unauthorized downloading or copying of the materials constitutes abuse of the Site and will result in revocation or denial of access to the Site and Services. The terms “normal patterns” and “abuse” shall be determined solely by New Masters Academy. You agree not to violate any U.S., foreign or international software or technology export laws and regulations.

10. Public Areas and User Generated Content

The Site may contain blogs, message boards, reviews, chat areas, forums, communities, and/or other message communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and applicable to the applicable forum. For the safety and integrity of the Site, you should not share your personal contact information in Public Areas with other Users.

“User Generated Content” is defined as any information and materials you provide to New Masters Academy, its Affiliates, or other Users in connection with your registration for and use of the Services and participation in New Masters Academy promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that New Masters Academy is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that New Masters Academy has no obligation to monitor or review User Generated Content but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.

By submitting any User Generated Content to any Public Areas on the Site, you are consenting to its display and publication on the Site and for related online and offline promotional uses, and you automatically grant New Masters Academy a non-exclusive, royalty-free, worldwide, perpetual, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes, without any payment to you, in any type of media or in any form now known or later developed. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way New Masters Academy uses such content.

You hereby represent and warrant to New Masters Academy that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Service is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libelous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with New Masters Academy or otherwise purport to act as a representative or agent of New Masters Academy; and (i) will not create liability for New Masters Academy or cause New Masters Academy to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.

The Site hosts User Generated Content relating to sharing your artwork with the community, and giving and receiving constructive feedback (“Feedback”). Feedback is such User’s opinion and not the opinion of New Masters Academy, and has not been verified or approved by New Masters Academy. You agree that New Masters Academy is not responsible or liable for any Feedback or other User Generated Content. New Masters Academy encourages each User to give objective, constructive and honest Feedback. New Masters Academy is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such Feedback.

New Masters Academy respects the personal and other rights of others, and expects Users to do the same. New Masters Academy is entitled to identify a User to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.

If a User believes, in good faith, that any User Generated Content provided on or in connection with the Site is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify New Masters Academy. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify New Masters Academy. Such notifications can be made at info@nma.art.

11. Limited Warranty

New Masters Academy warrants that the software that allows subscribers to access the OVL, ORL, or OCL (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. NEW MASTERS ACADEMY PROVIDES NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE. New Masters Academy also warrants that the media containing the Software, if provided by New Masters Academy, is free from defects in material on the date the subscriber acquired the Software. NEW MASTERS ACADEMY’S SOLE LIABILITY FOR ANY BREACH OF THIS WARRANTY SHALL BE, IN ITS SOLE AND ABSOLUTE DISCRETION: (A) TO REPLACE THE DEFECTIVE MEDIA OR SOFTWARE; (B) TO ADVISE THE SUBSCRIBER HOW TO ACHIEVE SUBSTANTIALLY THE SAME FUNCTIONALITY WITH THE SOFTWARE AS DESCRIBED; OR (C) IF THE ABOVE REMEDIES ARE IMPRACTICABLE, TO REFUND THE SUBSCRIPTION FEE PAID FOR ACCESS TO THE SERVICES. THE USER MUST INFORM NEW MASTERS ACADEMY OF ANY PROBLEM WITH THE SOFTWARE WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM OR NEW MASTERS ACADEMY WILL NOT BE OBLIGATED TO HONOR THIS WARRANTY. NEW MASTERS ACADEMY WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND THE SOFTWARE PURSUANT TO THE FOREGOING WARRANTY WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. IF ANY MODIFICATIONS ARE MADE TO THE SOFTWARE BY THE USER DURING THE WARRANTY PERIOD; IF THE MEDIUM OR SOFTWARE IS SUBJECTED TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF THE USER VIOLATES THE TERMS OF THIS AGREEMENT, THEN THIS WARRANTY SHALL IMMEDIATELY TERMINATE. THIS WARRANTY SHALL NOT APPLY IF THE SOFTWARE IS USED ON OR IN CONJUNCTION WITH HARDWARE OR SOFTWARE OTHER THAN THE UNMODIFIED VERSION OF HARDWARE AND SOFTWARE WITH WHICH THE SOFTWARE WAS DESIGNED TO BE USED AS DESCRIBED. ALTHOUGH NEW MASTERS ACADEMY HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

12. Disclaimers and Limitation of Liability

USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE LIMITED WARRANTIES SET FORTH IN THIS AGREEMENT), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. NEW MASTERS ACADEMY DOES NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. NEW MASTERS ACADEMY DOES NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL NEW MASTERS ACADEMY OR ANY OF ITS AFFILIATES, AGENTS, INSTRUCTORS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE NEW MASTERS SITE OR SERVICES, ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, AND EVENTS BEYOND OUR REASONABLE CONTROL. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM IN EXCESS OF THE AMOUNT NEW MASTERS ACADEMY RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL NEW MASTERS ACADEMY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT NEW MASTERS ACADEMY RECEIVED FROM THE SUBSCRIBER FOR A SUBSCRIPTION TO ACCESS THE OVL, ORL, AND OCL, EVEN IF NEW MASTERS ACADEMY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM THE NEGLIGENCE OR AN OMISSION OF NEW MASTERS ACADEMY, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. NEW MASTERS ACADEMY IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. NO DEALER, AGENT, OR EMPLOYEE OF NEW MASTERS ACADEMY IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS. NEW MASTERS ACADEMY DISCLAIMS ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR DAMAGES IN EXCESS OF THE AMOUNT NEW MASTERS ACADEMY RECEIVED FROM THE SUBSCRIBER, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE. THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.

13. Copyrights, Trademarks, and Other Proprietary Rights

New Masters Academy or its third party content providers shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by New Masters Academy. Except as expressly stated on the Site or in these Terms, nothing that you read or see on the Site or in the Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed without the prior written consent of New Masters Academy, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of New Masters Academy’s intellectual property except as set forth in this agreement. If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to New Masters Academy, you may forfeit your intellectual property rights and moral rights contained in such communication or material.

Use of Reference Images

New Masters Academy hereby grants each Subscriber a limited, non-exclusive, non-sublicensable and non-transferable license to access the content and information available in the Online Video Library, Online Image Reference Library, and Online 3D Content Library for your personal and non-commercial use only, according to the provisions contained herein, and subject to the payment of the applicable subscription fees and adherence to these Terms. Each subscriber agrees that the OVL, ORL, and OCL may not be accessed by any person other than the subscriber. Each subscriber shall be authorized to access the OVL, ORL, and OCL from any Internet connection. Subscribers may create derivative works from the reference images on the Site, but shall not download or distribute any reference images from the Site.

14. Indemnification

You hereby agree to indemnify, defend, and hold harmless New Masters Academy and Affiliates from and against any and all Liabilities arising from or in connection with (i) your use or inability to use, or your participation on, the New Masters Site; (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party; and (iv) your failure to abide by your representations and warranties; and (v) any content submitted by you or using your account to the New Masters Site, including but not limited to the extent such content may infringe on the intellectual property rights of a third party or otherwise be illegal or unlawful. New Masters Academy reserves the right, in its own sole and absolute discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of New Masters Academy.

15. Release

You acknowledge and agree that New Masters Academy is only willing to provide the New Masters Services if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold New Masters Academy, nor Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Site or Services, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User, any dispute with any User, any instruction, advice, act, or service provided by New Masters Academy and Affiliates, whether online or offline and any destruction of your User Generated Content.

TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE NEW MASTERS ACADEMY AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE NEW MASTERS SITE OR SERVICES. TO THE EXTENT APPLICABLE, YOU AGREE TO WAIVE THE BENEFITS OF CALIFORNIA CIVIL CODE §1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

If you are not a California resident, you waive your rights under any statute, regulation, or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

New Masters Academy and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

16. Security and Authorized Use

Users are prohibited from violating or attempting to violate the security of the Site. New Masters Academy has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. New Masters Academy may suspend your access while it conducts an investigation. Users are required to enter a user account name and password for some Services. To protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the Site. You are responsible for maintaining the secrecy of your user account name and password. You represent and warrant that you are the person on whose behalf you claim to accept these Terms, or, if you are entering into these Terms on behalf of a person or entity, you represent and warrant that you have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that you are an adult who is legally able to enter into these Terms. You may not use the account, user account name or password of someone else at any time. You agree to notify New Masters Academy immediately of any unauthorized use or loss of your account, user name, password, and/or credit card information. You also agree to notify New Masters Academy immediately if you are aware of or suspect other unauthorized use of the Site and/or the Site content. New Masters Academy and Affiliates will not be liable for any loss that you incur as a result of someone else using your user account name and password with or without your knowledge. You may be held liable for any losses incurred by New Masters Academy or Affiliates due to someone else’s use of your account, user account name, or password. New Masters Academy will never ask you for your password. If you need a new username and/or password, New Masters Academy will generate a new account username and password automatically through its computers and send it to your e-mail.

17. User Representations and Warranties

All Users represent and warrant that:

  • You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for U.S. based users), and are otherwise capable of entering into binding contracts;
  • You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;
  • You have read, understand, and agree to be bound by these Terms and Conditions of Use and the Privacy Policy;
  • You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users;
  • You will act professionally and responsibly in your interactions with other Users, New Masters Academy staff, and coaches; and
  • When using or accessing the New Masters Site or Services, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith.

18. Termination of Agreement

In addition to New Masters Academy’s other rights, it may terminate this Agreement at any time and at its sole and absolute discretion. New Masters Academy may also terminate access to the Site or Services or cancel subscriptions to the Site or Services without notice if it believes, in its sole judgment, that you have breached or may breach any term or condition of this Agreement, or engaged in conduct that New Masters Academy deems inappropriate. In the event of termination of this Agreement, all parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the Site or Services. Each Subscriber’s obligation to pay outstanding subscription fees shall survive any termination of this Agreement.

If New Masters Academy suspends or deactivates your account or limits your use of the New Masters Site or Services pursuant to this Section, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Even after your right to use the New Masters Site or Services is suspended, terminated or limited, this Agreement will remain enforceable against you. New Masters Academy reserves the right to take appropriate legal action pursuant to the Agreement.

New Masters Academy reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the New Masters Site or Services at its sole and absolute discretion. New Masters Academy will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, New Masters Academy shall not be liable to you for any modification or discontinuance of all or any portion of the New Masters Site or Services.

19. Privacy Policy

New Masters Academy values your trust. In order to honor that trust, all of New Masters Academy employees are required to adhere to ethical standards in gathering, using, and safeguarding any information you provide. For more information, please review New Masters Academy’s Privacy Policy, the terms of which are incorporated into this Agreement as if set forth in full.

20. Governing Law and Venue

These Terms and any claim or action related to or arising from these Terms, the Services, or content on the Site shall be governed by California law, without regard to choice of law principles or any provision that would make the laws of another jurisdiction applicable; provided, however, that Section 21 of this Agreement shall be governed by the Federal Arbitration Act. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise.

If the Arbitration Agreement in Section 21 is held to be unenforceable, you agree that any claims or disputes must be resolved in the federal or state courts located in Orange County, California to the extent permissible by applicable law.

21. Arbitration Agreement, Waiver of Jury Trial, Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND NEW MASTERS ACADEMY CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND NEW MASTERS ACADEMY TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

Agreement to Binding Arbitration

This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”) and survives the termination of this Agreement and your relationship with New Masters Academy.

Informal Dispute Resolution

To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Site or Services, your relationship with New Masters Academy, or this Agreement (including previous versions), (“Dispute”), you and New Masters Academy agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least 30 days before initiating any out of court settlement, arbitration, or court proceeding (“Informal Dispute Resolution”). Such Informal Dispute Resolution will commence upon written notice. Your address for such notices is the e-mail associated with your account. New Masters Academy’s address for such notice is info@nma.art.

Binding Arbitration

If this Arbitration Agreement applies and is not resolved by Informal Dispute Resolution, then to the fullest extent permitted by applicable law, and except as provided below, you and New Masters Academy agree to arbitrate any and all Disputes, including claims by New Masters Academy, claims against New Masters Academy, and claims against New Masters Academy’s Affiliates by binding arbitration in Newport Beach, California.

If there is a dispute about the arbitrability of any claim (including about the formation, scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and New Masters Academy agree that this threshold dispute shall be resolved by the arbitrator, except as expressly provided below.

YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND NEW MASTERS ACADEMY ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES THAT, BY THE TERMS OF THIS ARBITRATION AGREEMENT, ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.

The arbitration shall be conducted by the American Arbitration Association (“AAA”) by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the California Superior Court, County of Orange or the United States District Court for the Central District of California. The parties shall share equally the costs of the arbitrator, arbitration body, and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the California Superior Court, County of Orange or the United States District Court for the Central District of California for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.

Class Action Waiver

The parties agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action or private attorney general action) unless both you and New Masters specifically agree in writing to do so following initiation of the arbitration. Neither you, nor any other User of the Site or Services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding.

If any clause within this Arbitration Agreement (other than the Class Action Waiver) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Agreement, and the remainder of this Arbitration Agreement will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute or Claims will be decided by a court.

Exceptions to Arbitration

The Arbitration Agreement shall not require arbitration of the following types of claims:

  • Small claims actions that are within the scope of small claims court jurisdiction and brought on an individual basis;
  • Applications for provisional remedies, preliminary injunctions, and temporary restraining orders relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
  • Claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or a similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. This Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving an award for information provided to any government agencies.

22. Miscellaneous

These Terms constitute the entire agreement between New Masters Academy and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between New Masters Academy and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, New Masters Academy may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. New Masters Academy’s remedies are cumulative and not exclusive. Failure of New Masters Academy to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By accessing the Site or Services, User signs for and accepts this shortening of the statutes of limitations. New Masters Academy makes no representation that the content of the Site or Services is appropriate or available for use in all locations. New Masters Academy operates this Site from the United States and makes no representation that the Site or Services complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign your rights or delegate your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. New Masters Academy cannot provide notifications via post, only e-mail.

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