Agreement between User and Diamond Minds Academy LLC (www.diamondmindsacademy.com)
Welcome to Diamond Minds Academy! The www.diamondmindsacademy.com website
(the "Site") is comprised of various web pages operated by Diamond Minds Academy LLC ("DMA").
www.diamondmindsacademy.com is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of
www.diamondmindsacademy.com constitutes your agreement to all such Terms. Please read these
terms carefully, and keep a copy of them for your reference.
www.diamondmindsacademy.com is an Educational E-Commerce Site.
Diamond Minds Academy is an online educational platform that helps connect clients with private tutors,
mentors, and coaches. Services offered include private tutoring lessons, coaching sessions, writing
labs, writing workshops, and drop-off document review services. Learning resources are also
offered, some of which are free, and some have a fee.
Privacy
Your use of www.diamondmindsacademy.com is subject to DMA's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.diamondmindsacademy.com or sending emails to DMA constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that DMA is not responsible for
third party access to your account that results from theft or misappropriation of your account.
DMA and its associates reserve the right to refuse or cancel service, terminate accounts, or
remove or edit content in our sole discretion.
Children Under Thirteen
DMA does not knowingly collect, either online or offline, personal information from persons under
the age of thirteen. If you are under 18, you may use www.diamondmindsacademy.com only with
permission of a parent or guardian.
Cancellation Policy
We respectfully ask that we are provided with at least a 24-hour notice for all cancellations and rescheduling requests. Cancellations and rescheduling requests made 24 hours before the scheduled appointment or service will not result in a penalty. Cancellations and rescheduling requests made within 24 hours of a scheduled appointment or service may result in being charged the full cost of the scheduled service at our discretion. Please contact us directly at welcome@diamondmindsacademy.com as soon you know you need to reschedule or cancel your appointment or session.
Refund Policy
We reserve the right to limit refunds and change our refund policy at any time without notice. Refunds are not provided for learning resources as these cannot be returned once received. Refunds are provided for private tutoring lessons, coaching sessions, and writing labs|workshops as outlined below:
A. Pay as you Go (PAYG)
If a refund request is made within 30 days of purchase, a full refund will be provided. If a refund request is made after 30 days, then a cancellation fee (equal to 1 PAYG hour) will be charged. At least 1 PAYG hour must be scheduled within 30 days of purchase. If the purchased hour(s) are not used within 30 days, or if a cancellation or rescheduling request is made within 24 hours of the appointment, then a refund will be provided minus an applicable fee (equal to 1 PAYG hour).
B. Prepaid Packages
If a refund request is made within 30 days of purchase, a refund will be provided minus a cancellation fee (equal to 1 PAYG hour). If a refund request is made after 30 days, then a cancellation fee (equal to 2 PAYG hours) will be charged. All packages must have at least one session scheduled within 30 days of purchase. If the first session is not scheduled within 30 days of purchase, or if a session is canceled or rescheduled within 24 hours of the appointment time, then a fee will be charged (equal to 1 PAYG hour). If a refund request is made after hours have been used, the remaining hours will be refunded, minus a fee (equal to 1 PAYG hour). Furthermore, the hours that were used from the package are subject to the PAYG price, resulting in a pro-rated refund less this PAYG rate for the remaining hours.
Refunds will be processed within 30 days. Once processed, refunds typically take 7-10 business days to reflect in your account, dependent on bank processing times. Refunds are returned via the same payment method or card that was used.
Links to Third Party Sites/Third Party Services
www.diamondmindsacademy.com may contain links to other websites ("Linked Sites"). The
Linked Sites are not under the control of DMA and DMA is not responsible for the contents of
any Linked Site, including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. DMA is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by DMA of the site or any association with its
operators.
Certain services made available via www.diamondmindsacademy.com are delivered by third party
sites and organizations. By using any product, service or functionality originating from the
www.diamondmindsacademy.com domain, you hereby acknowledge and consent that DMA may
share such information and data with any third party with whom DMA has a contractual
relationship to provide the requested product, service or functionality on behalf of
www.diamondmindsacademy.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.diamondmindsacademy.com strictly in accordance with these terms of use. As a condition of
your use of the Site, you warrant to DMA that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of DMA or its suppliers
and protected by copyright and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
DMA content is not for resale. Your use of the Site does not entitle you to make any unauthorized
use of any protected content, and in particular you will not delete or alter any proprietary rights or
attribution notices in any content. You will use protected content solely for your personal use, and
will make no other use of the content without the express written permission of DMA and the
copyright owner. You agree that you do not acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to the intellectual property of DMA or our
licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated and administered by DMA from our offices within the USA. If
you access the Service from a location outside the USA, you are responsible for compliance with
all local laws. You agree that you will not use the DMA Content accessed through
www.diamondmindsacademy.com in any country or in any manner prohibited by any applicable
laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless DMA, its officers, directors, employees, agents
and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's
fees) relating to or arising out of your use of or inability to use the Site or services, any user
postings made by you, your violation of any terms of this Agreement or your violation of any rights
of a third party, or your violation of any applicable laws, rules or regulations. DMA reserves the
right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject
to indemnification by you, in which event you will fully cooperate with DMA in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and DMA agree otherwise, the arbitrator may not consolidate
more than one person's claims, and may not otherwise preside over any form of a representative
or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN.
DIAMOND MINDS ACADEMY AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
DIAMOND MINDS ACADEMY AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. DIAMOND MINDS ACADEMY AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL DIAMOND MINDS ACADEMY AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF DIAMOND MINDS ACADEMY OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
DMA reserves the right, in its sole discretion, to terminate your access to the Site and the related
services or any portion thereof at any time, without notice. To the maximum extent permitted by
law, this agreement is governed by the laws of the State of Georgia and you hereby consent to the
exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the
use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all
provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and DMA as a result of this agreement or use of the Site. DMA's performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement is
in derogation of DMA's right to comply with governmental, court and law enforcement requests or
requirements relating to your use of the Site or information provided to or gathered by DMA with
respect to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and DMA with respect to the Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and DMA with respect to the
Site. A printed version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this agreement to the
same extent and subject to the same conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to the parties that this agreement
and all related documents be written in English.
Changes to Terms
DMA reserves the right, in its sole discretion, to change the Terms under which
www.diamondmindsacademy.com is offered. The most current version of the Terms will
supersede all previous versions. DMA encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us:
DMA welcomes your questions or comments regarding the Terms: Diamond Minds Academy
Email Address: welcome@diamondmindsacademy.com
Telephone number: 404-777-5178
Effective as of August 19, 2023
Diamond Minds Academy LLC
Copyright © 2021-2024 Diamond Minds Academy LLC - All Rights Reserved.
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