The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
This website "www.wisemaninstitute.com" is owned and operated by The Wiseman Institute LLC. Throughout the site, the terms “we”, “us”, "the Company" and “our” refer to The Wiseman Institute LLC.
Our purchased training products are stored on and delivered by a purchased, commercially developed platform hosted by an external service provider (Teachable.com). Together, these services provide us with the online content management platform that allows us to deliver some of our products and services to you, such as the course content. Our default payment processors are PayPal and Stripe (used by Teachable and SendOwl). Teachable, Paypal and Stripe provide us with the encrypted checkout process that securely collects and processes payments from customers in return for access to our course content.
Courses that are offered as “Lifetime Access” end on whichever date happens first: your 120th birthday, or if the course is ever discontinued by The Wiseman Institute (see below for details). If the course is given updates or upgrades that don't substantially alter the price or underlying content of the course, then you will be grandfathered in to the updated course for free. If the course is for some reason discontinued before 10 years from your purchase date (which we don't want to ever see happen!), as long as you purchased it from us legitimately, we will choose to either attempt to refund you a prorated amount of the price you paid for the course (which we have the sole right to determine based on factors such as content consumed, time passed, and financial resources available), or make the course videos and content available to you for a window of time by either downloadable file, access in the cloud, CD, DVD, flash drive, or by other common & reasonable means of transfer.
3. ONLINE CONTENT TERMS
4. GENERAL CONDITIONS
By accessing any website owned and/or operated by The Wiseman Institute LLC, you are agreeing to be bound by these Terms of
Use, all applicable laws and regulations, and agree that you are
responsible for compliance with any applicable local laws. If you do not
agree with any of these terms, you are prohibited from using or
accessing this site. The materials contained in the products and services offered by The Wiseman Institute LLC are
protected by applicable copyright and trademark law.
We reserve the right to refuse service to anyone for any reason at any time, as long as it does not violate applicable laws or regulations.
You understand that your content (NOT including credit or debit card information, and NOT including your Personally Identifiable Information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information and your Personally Identifiable Information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express, written permission by us.
Each course enrollment, free or paid, grants license access to one, non-Corporate, individual account user during the period of enrollment.
Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1. modify or copy the materials, with the exception of doing so as recommended by us (such as to complete a written assignment)
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on the School’s web site;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or 'mirror' the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
5. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Although it is our intent to be accurate, complete and current, we are not liable to compensate you or others if information made available on this site is not accurate, complete or current. We instead ask that you help us identify any information that you believe might not be accurate, complete or current so we have an opportunity to review and correct the information (please email us at [email protected] with subject line "INFORMATION CORRECTION"). The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Promotional deadlines on our website default to listing in Month/Day/Year format, and expire in U.S. Eastern Standard time. For instance, a deadline of 11/30/2021 is November 30th, 2021, and would expire at midnight when the date becomes December 1st, 2021. The Company may at its sole discretion, extend the promotional deadline to all customers or specific ones, with or without notice.
6. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice. Of course, price changes will NOT retroactively add to the cost of items for which you have already been charged.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time, unless otherwise required by law or regulation. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service, except as otherwise promised in our Refund Policy or otherwise prohibited by applicable law or regulation.
Prices on our website and other promotional materials may be listed as pre-tax unless otherwise noted. This is common practice in the United States, but we recognize that may not uncommon in other areas, such as the European Union. You may see the price for tax listed in your Order Overview before you continue and complete your purchase. In some territories, you may be liable for a “use tax”, “compensatory tax” or other tax that we are not required to collect or pay on your behalf. If you believe that you do or may owe this tax, we recommend you consult with a capable accountant to help you pay your taxes.
8. PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website(s) owned by The Wiseman Institute LLC. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where prohibited.
We have made every effort to display as accurately as possible the
colors, images and sounds of our products that appear on our content
delivery service. We cannot guarantee that your computing device will
accurately display colors and sizes on its monitor(s) or accurately play
sound through its speakers.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
If you are not satisfied with a product, you may seek answers through our help resources online, contact us for help (for fastest results, try the online help resources first), or request a refund per the Return Policy. Users, paying or non-paying, should expect and plan for the possibility that our products and/or services may become temporarily inaccessible due to maintenance or other issues, within or outside of our control. Users should expect that these periods of inaccessibility will not be compensated for by us. However, we may elect to compensate users at our sole discretion, either financially, by extending subscription deadlines, or otherwise, and/or on a case-by-case, group, or universal basis.
9. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per group or organization, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by hackers, dealers, resellers or distributors unauthorized by us. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Refund Policy.
We have no liability whatsoever for any unauthorized charges or cancellations on an account that results from the account owner sharing access to that account with others.
10. OPTIONAL TOOLS
11. THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. An example is if we provide a link to an external website as part of our recommended resources. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
12. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
13. PERSONAL INFORMATION
14. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains but is not limited to typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability, or other information. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
15. PROHIBITED USES
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. An example would be a temporary service outage for a technical upgrade or solution. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Delivery of services may be unavailable or discontinued due to acts of war or cyberterrorism, cybercrime, interruptions or outages, a pandemic, natural disaster, or Acts of God that impact us or our service providers. In such circumstances and in our sole discretion, we may offer adjustments to customers for the inconvenience. In no case shall The Wiseman Institute LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
17. AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTION CLAIMS
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. If a dispute arises, our goal is to provide you a neutral and cost effective means to resolve it quickly. Most disputes can be resolved informally. Before filing a claim against The Wiseman Institute LLC, you agree to try to resolve the dispute by contacting us in writing at:
The Wiseman Institute
ATTN: DISPUTE NOTICE
P.O. Box 10784 5221
Alexandria, Virginia, 22310 USA
Or you may contact us by email at [email protected] with email subject line “ATTN: DISPUTE NOTICE”.
Before we file a claim against you, we agree to contact you at the email address associated with your account issued by The Wiseman Institute LLC. If the dispute is not resolved within 30 days of notice, either you or we may bring a formal proceeding pursuant to the following procedures:
YOU AGREE THAT YOU AND THE WISEMAN INSTITUTE LLC WILL RESOLVE THROUGH BINDING ARBITRATION ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN US ARISING OUT OF OR RELATING IN ANY WAY TO THE WISEMAN INSTITUTE LLC OR YOUR USE THEREOF, INCLUDING THESE TERMS OF SERVICE (collectively, “ARBITRAL CLAIMS”), with a few exceptions set forth below. The arbitrator, and not any court, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement to Arbitrate, including any claim that all or any part of this Agreement to Arbitrate is void or voidable, or whether a claim is subject to arbitration.
ARBITRATION IS DIFFERENT FROM COURT. THE RULES, INCLUDING DISCOVERY, ARE DIFFERENT AND NO JUDGE OR JURY IS PRESENT AT AN ARBITRATION. IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION, AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED. THE AWARD IS FINAL AND BINDING AND SUBJECT ONLY TO LIMITED REVIEW BY A COURT. YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU MAY HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
B. ARBITRATION SERVICES AND RULES
Judicial Arbitration and Mediation Services (“JAMS”) will administer the arbitration using the JAMS’ procedures and rules in effect on the date the Arbitration is filed (“JAMS Rules”). In the event the JAMS Rules are inconsistent with this Agreement to Arbitrate, this Agreement will prevail. JAMS is independent from us, and you may obtain copies of the current JAMS Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting JAMS at 1920 Main Street, Suite 300, Irvine, CA 92614 1-800-352-5267 or www.jamsadr.com
C. FILING FEES
We will reimburse you for the filing fee if your claim prevails, requires remedial action from us, and if arbitration was a reasonable route to resolve the dispute.
D. LOCATION OF ARBITRATION
If your claim is for $7,500 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules, and any in-person hearing will be held in the United States county where you live or work, Delaware, USA, or any other location you and we mutually agree to.
E. SETTLEMENT AWARDS AND FEE REIMBURSEMENT
If you prevail, and the arbitrator issues an award that exceeds our best written settlement offer that we made prior to 30 days into the arbitration (or if we did not make a settlement offer before that point), then we will pay you the amount of the award. Also, if you prevail, and the arbitrator issues an award that exceeds our best written settlement offer that we made prior to 30 days into the arbitration (or if we did not make a settlement offer before that point) and the amount of the award is less than $7,500, we will reimburse you for arbitration fees and your reasonable attorneys’ fees and costs.
F. EXCEPTIONS TO ARBITRAL CLAIMS
As an exception to this Section, you may assert claims on an individual basis, if they qualify under applicable rules, in Small Claims court. Also, either you or we may bring claims to enforce intellectual property rights without first engaging in arbitration or the informal dispute resolution described in this Section.
G. CLASS ACTION WAIVER
YOU AND THE WISEMAN INSTITUTE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.YOU FURTHER AGREE WITH THE WISEMAN INSTITUTE LLC THAT NEITHER YOU NOR THE WISEMAN INSTITUTE LLC WILL JOIN ANY ARBITRAL CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY IN A LAWSUIT, ARBITRATION OR OTHER PROCEEDING; THAT NO ARBITRAL CLAIM WILL BE RESOLVED ON A CLASS-WIDE BASIS; THAT NEITHER YOU NOR THE WISEMAN INSTITUTE LLC WILL ASSERT AN ARBITRAL CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE; AND BOTH PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable or that arbitration can proceed on a class basis, then this Agreement to Arbitrate shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
H. NO RIGHT TO JURY TRIAL
YOU AND THE WISEMAN INSTITUTE LLC ALSO HEREBY WAIVE THE RIGHT TO A JURY TRIAL EVEN IF THIS AGREEMENT TO ARBITRATE IS HELD NOT TO APPLY. YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL IN THE EVENT THAT EITHER PARTY SELECTS ARBITRATION TO RESOLVE THE DISPUTE UNDER THIS AGREEMENT.
I. 30 DAY OPT OUT RIGHT
You have the right to opt-out and not be bound by the arbitration and the class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address:
The Wiseman Institute
ATTN: ARB OPT OUT
P.O. Box 10784
5221 Franconia Road
Alexandria, Virginia, 22310 USA
OR email us at the address: [email protected] with subject line "ARB OPT OUT" and your account email address.
The notice must be sent within 30 days of your purchase. If you do not opt-out, you shall be bound to the terms in this section. If you choose to opt out, The Wiseman Institute LLC also will not be bound. If you choose to opt out, The Wiseman Institute LLC also has the right to decide to refund your purchase and refuse to offer its Service to you.
In no event shall the Company be liable for any damages (including,
without limitation, damages for loss of data or profit, or due to
business interruption) arising out of the use or inability to use the
materials on the School and/or site, even if the Company or an authorized
of the Company has been notified orally or in writing of the possibility
of such damage. Because some jurisdictions do not allow limitations on
implied warranties, or limitations of liability for consequential or
incidental damages, these limitations may not apply to you.
21. ENTIRE AGREEMENT
22. GOVERNING LAW
Any claim relating to the School’s website shall be governed by the laws
of the Company's jurisdiction without regard to its conflict
of law provisions.
24. SUSPECTED BREACH OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY
We believe that all media we use has been properly paid for and licensed to us. If you believe we have infringed upon your copyright or other intellectual property, please let us know right away. We will review and respond to legitimate requests at our earliest opportunity, and we will immediately remove any content that we agree infringes upon your copyright. Further requests, such as for compensation, will be reviewed by our legal team. If you submit a false claim or request, we reserve the right to counter-sue for damages and all of our legal costs borne by our company in connection to your false claim. In some cases, this may amount for $100,000 or more, based on case studies of the legal actions of other digital companies.
Or mailed to:
The Wiseman Institute
P.O. Box 10784 5221
Alexandria, Virginia, 22310 USA
Information sent to us direct to email or mail may have a variable response time. We highly recommend using the existing support resources to find solutions to your questions.