Effective as of November 20, 2023 (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 (“User”), and New Masters LLC, doing business as New Masters Academy (“New Masters Academy”, “we”, “us”, or “our”). This agreement governs your access to and use of all New Masters Academy services and platforms, including but not limited to the website ("Site") located at https://www.nma.art/, any associated subdomains, our Digital Campus, applications, content libraries, live coaching sessions, community forums, and external resources such as our Discord server, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Services”).
By accessing or using the Site or Services, you confirm that you have read, understood, and agreed to be bound by these Terms. If you do not accept these Terms in full, you must not use the Site or Services.
The Services may be offered both as free and paid subscription-based options. Regardless of the method of access, your use of the Services is subject to these Terms.
We reserve the right to modify, enhance, withdraw, or discontinue the Services or any part thereof at our discretion, with or without notice to you, and we are not liable for any such changes. Periodic review of these Terms is recommended. If subsequent changes to these Terms are not acceptable to you, or they make you non-compliant, you must terminate your account and cease using the Services immediately. Your continued use following any update to these Terms constitutes your acceptance of those changes.
Changes to these Terms are effective immediately after we provide you with notice, which may be delivered via email, posted on the Site, or through other reasonable means.
2. About the New Masters Services
New Masters Academy offers an online art education platform designed to provide artists with a comprehensive learning experience. Our Services include a variety of online courses, high-resolution reference images for practice, and a selection of 3D models viewable through our advanced 3D viewer. While we focus on foundational art training, we currently do not offer formal degrees or college credit.
a. Subscription-Based Services
New Masters Academy offers a range of subscription-based features, with the specifics of each package detailed during the purchase and registration process. These features are subject to change. Subscription terms, including the automatic renewal policy, payment intervals, and payment methods, are clearly outlined at the point of purchase.
We may offer promotional free trials of our Services. These trials are intended to give users a preview of our offerings and are subject to our standard terms and conditions.
Subscriptions can be managed and canceled by the user at any time. To cancel a subscription, users should visit their subscription page at https://www.nma.art/my-account/billing-and-subscription/, select the relevant subscription, and choose the cancel option. Cancellations take effect at the end of the current paid term, and no refunds are offered for unused portions of the subscription term.
It is important for subscribers to note that purchasing a new subscription does not automatically cancel any existing subscription. If you have an active subscription and choose to purchase a different subscription type, you must manually cancel the previous subscription to avoid overlapping service periods and charges. For instance, if you switch from a Monthly to an Annual Subscription, you must cancel the Monthly Subscription to prevent it from renewing.
b. Coaching Services
New Masters Academy offers personalized online coaching Services ("Coaching Services") to enhance your learning experience. These Services are available via various subscription options, with details and pricing provided on our Site. We occasionally offer promotional subscription terms, including annual, quarterly, or biannual renewals.
The following terms apply to our Coaching Services:
- A minimum commitment of three months is required when subscribing to Coaching Services. You may request a change of coach after the initial session; however, this may incur additional fees.
- It is your responsibility to provide and maintain current contact information for scheduling purposes.
- You are expected to communicate your availability for sessions clearly and promptly. Punctuality is essential for all scheduled coaching sessions.
- To cancel or reschedule a session, a minimum of 24 hours' notice is required. Failure to provide such notice will result in the session being charged without the possibility of rescheduling.
- Opportunities for additional coaching time may be available for an extra fee. Please coordinate any special requests through our student coordinator at firstname.lastname@example.org.
- The materials and guidance provided by your coach are exclusively for your use and must not be shared.
- Access to additional New Masters Academy resources may be included with certain Coaching Services subscriptions. If you alter your subscription in a way that removes these resources, your access will be revoked.
- Coaches operate independently, and their opinions do not necessarily represent those of New Masters Academy.
- We are not responsible for any interactions with coaches beyond the structured sessions provided through our platform.
- For feedback or queries regarding your Coaching Services, please contact email@example.com.
c. 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.”
d. 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.
e. 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.
3. 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/) — or on V3 (https://www.nma.art/v3/my-account/subscriptions), 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.
a. 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.
4. 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.
5. Access to Digital Resources
New Masters Academy is committed to providing continuous access to our digital resources to all paid subscribers. We will make every commercially reasonable effort to ensure that these resources are available at all times. However, there may be occasions when access is interrupted due to factors outside our control. These can include, but are not limited to, force majeure, acts of God, unforeseen natural events, power outages, or unauthorized system interference.
In the event of any disruption, we pledge to do everything commercially reasonable to restore access promptly. "Commercially reasonable" here means that we'll make a sincere and practical effort to resolve issues without excessive expenditure of time, resources, or money.
We are dedicated to maintaining the highest standards for our content. As such, we reserve the right to make changes to the features, content, and availability of our Site, including these Terms, as necessary. We'll implement such changes immediately upon notification, which may be given by updates posted on our Site.
Please note that it is the user’s responsibility to ensure they have the appropriate technology and internet service to access our Site effectively.
6. System Requirements
To ensure the best experience with our digital art resources, please make sure your system meets the following requirements:
- An internet connection with a minimum download speed of 3 Mbps.
- A computer with the latest operating system, either Windows or MacOS.
- An up-to-date modern web browser such as Chrome, Firefox, Safari, or Edge.
- At least 2GB of RAM to effectively use any specialized viewers or interactive tools we provide.
7. Conduct Guidelines
As part of the Terms of Service, New Masters Academy (NMA) sets forth the following Conduct Guidelines to uphold the quality and integrity of our learning environment. These guidelines are integral to maintaining a supportive, secure, and respectful space for all users to engage with our content and services.
a. Student Code of Conduct
Our commitment to academic integrity and mutual respect is paramount:
- Respectful Participation: Students must interact with instructors, staff, and peers in a manner that supports and enhances the learning environment. Conduct that is disorderly, breaches the peace, or involves aiding, abetting, or procuring another person to breach the peace is strictly forbidden. Any behavior deemed disruptive or harassing is not permitted and may result in disciplinary action.
- Academic Integrity: We expect students to maintain the highest standards of honesty. Cheating and plagiarism in any form is strictly prohibited.
- Use of Academy Resources: Academy content is to be used according to our guidelines. Unauthorized distribution or alteration of materials is not allowed.
- Community Conduct: Communication within the Academy community should remain constructive. Any grievances, concerns, or questions regarding NMA Services should be directed exclusively to firstname.lastname@example.org, as public discourse on such matters is not permitted.
- Influencing Conduct Violations: It is prohibited to influence or attempt to influence others to engage in behavior that constitutes an abuse of these Student Conduct Policies.
- Enforcement and Reporting: Violations can be reported to email@example.com. Sanctions may be imposed based on the severity of the breach. Please note that the determination of what constitutes a breach is at the sole discretion of New Masters Academy.
b. Prohibited Conduct
In our efforts to safeguard the community and services, the following actions are expressly prohibited:
- Introducing harmful elements to the Site such as viruses, or engaging in actions that disrupt the service or negatively affect the experience of other users.
- Downloading, capturing, or otherwise retaining information and content from the Site in a manner not explicitly permitted by these Terms.
- Sharing access to the Services using your account credentials, or using someone else's credentials to access the Services.
- Altering, copying, or creating derivative works from the Site's content without authorization.
- Removing or altering copyright or proprietary notices from content obtained from the Site.
- Improperly transferring content from the Site to another person, or using technologies to "frame" or "mirror" the content.
- Attempting to breach or circumvent any security mechanisms of the Site, or engaging in acts that compromise the Site's security.
- Engaging in activities that violate copyright laws or other applicable regulations.
- Employing automated systems to extract data from the Site, particularly information about other users or the Site itself.
- Using the Site in a way that infringes on the intellectual property or privacy rights of others.
- Misrepresenting your identity or providing false information on the Site.
- Posting or sharing inappropriate, offensive, or illegal content on the Site.
- Engaging in advertising, solicitation, or other commercial activities without authorization.
- Hosting or providing access to the Site's content on a commercial platform.
- Engaging in behavior that infringes on the rights or privacy of others, including staff and other users of New Masters Academy.
- Uploading harmful files or scripts that could damage the computers of users or New Masters Academy.
- Using the Site for unauthorized or illegal purposes.
- Employing devices or processes to manipulate data from the Site for unauthorized use.
- Hacking or interfering with the Site, its servers, or associated networks.
- Using the Site for commercial purposes without permission.
- Misleading other users or misrepresenting information on the Site.
- Creating or using multiple accounts after suspension or termination of your original account, or registering under false pretenses.
- Concealing your IP address with the intent of bypassing restrictions or monitoring.
- Registering with disposable contact information to avoid accountability.
- New Masters Academy reserves the right to monitor the Site to prevent Prohibited Conduct. If a user's activity suggests a breach of these terms, we may revoke or deny access to the Site or Services.
Excessive downloading or copying of materials, indicating potential unauthorized use, will be considered abuse and may lead to revocation of access. New Masters Academy solely determines what constitutes "normal patterns" of use and "abuse." Users must also comply with all applicable software and technology export laws.
8. Public Areas, User Contributions, and External Platforms
Our Site includes interactive spaces such as blogs, message boards, forums, and access to our Digital Campus hosted on Discord (an external platform not owned or controlled by New Masters Academy) (collectively, "Public Areas") where users can engage and communicate. When utilizing these Public Areas and our Digital Campus on Discord, please do so responsibly and share content that is relevant and appropriate to each forum. Exercise caution and refrain from sharing personal contact information in these Public Areas to safeguard your privacy and the integrity of the Site.
Any content you create or share with us in connection with your use of the Services, including posts in Public Areas and our Digital Campus on Discord, is "User Generated Content." You are solely responsible for your User Generated Content. New Masters Academy facilitates its online distribution and publication without endorsement. We may not monitor User Generated Content constantly, but reserve the right to moderate, limit, or remove content that does not comply with this Agreement.
By contributing User Generated Content, you grant New Masters Academy a non-exclusive, royalty-free, perpetual license to utilize this content for promotional purposes. You acknowledge that you have no recourse against New Masters Academy for any claimed or actual infringement of any intellectual property rights, privacy, publicity, moral rights, or attribution.
You assert that your User Generated Content does not breach any laws or rights of third parties and does not expose New Masters Academy to legal liability or jeopardize our Services or relationships with partners or suppliers.
The Site facilitates sharing your artwork and engaging in feedback exchange ("Feedback"). Feedback is the individual opinion of users and not endorsed by New Masters Academy. We do not authenticate Feedback and are not liable for any disputes arising from it. Users are expected to provide Feedback that is honest, objective, and constructive.
New Masters Academy respects the rights of others and expects users to do the same. We may disclose a user's identity if their User Generated Content is claimed to infringe on another's rights.
Should you find any User Generated Content to infringe upon your rights or be otherwise objectionable, please contact us. For User Generated Content potentially involving severe offenses, such as hate promotion, violence, or child pornography, report immediately to firstname.lastname@example.org. We are not responsible for the User Generated Content posted on the Digital Campus on Discord or any interactions therein.
9. Limited Warranty
New Masters Academy provides a limited warranty that the software enabling access to our digital resources will perform as outlined on our Site, assuming it is used correctly. However, we do not guarantee that your personal hardware, software, and internet setup will be compatible with our Site.
Should there be any defects in the material of the media containing the software provided by us, we warrant it to be free from such defects when you first obtain the software. If there is a breach of this warranty, our responsibility is limited to the following, at our discretion: (A) replacing the defective media or software; (B) guiding you on how to achieve the functionality as described with the software; or (C) refunding the subscription fee if neither of the first two remedies is feasible.
You must report any issues with the software to New Masters Academy within thirty (30) days of discovery to be eligible for warranty service. We will make reasonable efforts to repair, replace, or refund pursuant to this warranty within thirty (30) days of notification.
This warranty is void if there are any modifications to the software by the user, if the media or software is mishandled, misused, or if you fail to comply with the terms of this agreement. Additionally, this warranty does not apply if the software is used with hardware or software that is different from the configuration for which it was intended.
New Masters Academy does not make any guarantees, whether express or implied, regarding the accuracy, reliability, timeliness, or completeness of information on the Site and is not responsible for any errors or omissions therein.
10. Disclaimers and Limitation of Liability
When you access our Site, you do so at your own risk. The Site is provided "as is" and "as available," without any warranties beyond those outlined in this agreement. We expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. New Masters Academy cannot guarantee specific results from using the Site or its software, nor do we guarantee that information on the Site is complete or complies with any particular law or regulation. We do not promise that the Site will always be available, error-free, virus-free, or secure.
New Masters Academy and its affiliates will not be liable for any indirect, special, incidental, punitive, or consequential damages of any kind, whether based in tort, contract, or any other legal theory. This includes, but is not limited to, damages for loss of goodwill, work stoppage, computer failure, data loss, or any commercial damages or losses.
Your use of the Site is solely at your risk. Any content downloaded is done at your discretion and risk, and you are responsible for any damage to your computer system or loss of data that results from the download, including damages from viruses.
The liability of New Masters Academy for any damages will not exceed the amount paid by a subscriber, regardless of whether we were informed of the possibility of such damages or for claims by any other party. Warranties required by law will apply only if they cannot be lawfully excluded.
We are not responsible for the negligent, criminal, or tortious actions of third parties affecting this Site. No dealer, agent, or employee is authorized to amend or extend the warranties and disclaimers provided herein.
New Masters Academy also limits any liability for damages arising from or related to support Services for the Site to the amount paid by the subscriber. Local laws may provide additional rights or modify these disclaimers and limitations of liability, and if so, they will apply accordingly.
11. Copyrights, Trademarks, and Other Proprietary Rights
New Masters Academy, along with its third-party content providers, holds and retains all global rights to the intellectual property on the Site. This encompasses trademarks, service marks, trade dress, inventions, ideas, trade secrets, source code, HTML code, Site aesthetics such as "look and feel," color combinations, layout, all graphical elements, and the copyrights for original content. Unless explicitly allowed by the Site or these Terms, you may not replicate, modify, distribute, transmit, republish, or perform any content you find on the Site or the Services without the prior written permission of New Masters Academy. These Terms do not provide any license to use New Masters Academy’s intellectual property, implied or otherwise, beyond what is expressly mentioned in this agreement.
If you share any unsolicited intellectual property, ideas, materials, inventions, or secrets with New Masters Academy, be aware that you may surrender your rights to such submissions.
a. Use of Reference Images
New Masters Academy grants each subscriber a limited, non-exclusive, non-sublicensable, and non-transferable license to access content from our digital libraries—including video, image references, and 3D content—strictly for personal and non-commercial use, in line with these Terms and contingent upon the payment of subscription fees. Subscribers are prohibited from allowing others to access these resources using their accounts. Subscribers are permitted to use the reference images from the Site to create derivative works but may not download, distribute, or otherwise disseminate any of the reference images from the Site. Users are subject to a daily download limit for reference images, generally 10 per day.
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.
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.
14. 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.
15. 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 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.
16. 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.
18. 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.
19. 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.
a. 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.
b. 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 email@example.com.
c. 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.
d. 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.
e. 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.
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.