Terms of service
Last Updated: July 6, 2021
Welcome to the SESH Corp. (“SSH”) platform. We provide video analysis and coaching workshop-based skill learning and career development services through our website located at www.gosesh.com and www.getempath.com (the “Site”), our mobile device application (the “App”) and our live, on-premise educational sessions (“Live Courses”). Please read these Terms of Service (the “Terms”) carefully because they govern your use of the Site, App, Live Courses and all our other products and services (collectively, the “Services”). These Terms are a legal contract between you, a user of at least 18 years of age or a single company, organization, or entity (“you”), and the SESH Corp. (“SSH” or “we” or “us”) regarding your use of the Services. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
1. Agreement to Terms. By accessing, browsing, using or subscribing to, or registering for the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If at any time you do not agree to these Terms, please terminate your use of the Services. SSH’s acceptance is expressly conditioned upon your assent to all of the terms and conditions of these Terms, to the exclusion of all other terms.
3. IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SSH THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 19 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
4. Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
5. Who May Use the Services?
a. Eligibility. You may use the Services only if you are 18 years or older and capable of forming a binding contract with SSH and are not barred from using the Services under applicable law.
b. Registration and Your Information. If you want to use certain features of the Services, you’ll have to create an account (“Account”) with SSH. You can do this by following the instructions on the Site or App and providing certain information about yourself.
c. Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
6. Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
7. Restrictions. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Access to the SSH Content (defined below) and the Services from territories where their contents are illegal is strictly prohibited. You are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy. Any use of any of SSH Materials other than for private, non-commercial use is strictly prohibited. You will not use the Services in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Services. You will not take any action that imposes an unreasonable or disproportionately large load on SSH’s infrastructure. You will not intentionally interfere with or damage the operation of the Services or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services. You will not attempt to gain unauthorized access to the Services, or any part of it, other accounts, computer systems or networks connected to the Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You agree neither to modify the Services in any manner or form, nor to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services.
a. Subscriptions. SSH requires payment of a fee for use of the Services (or certain portions thereof) by purchasing a subscription (“Subscription”) for such use. You may choose to purchase a monthly Subscription (“Monthly Subscription”) or a discounted annual Subscription (“Annual Subscription”) for use of the Services. If you purchase a Subscription, you will be charged the monthly or annual Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”).
b. General. When you purchase a Subscription or a Live Course Fee as described in the Additional Terms below (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
c. Monthly Subscriptions. If you purchase a Monthly Subscription, you will be charged the Monthly Subscription Fee, at the beginning of your Subscription and each month thereafter, at the then-current Subscription Fee. We (or our third-party payment processor) will automatically charge you each month after commencement of your Monthly Subscription, using the Payment Information you have provided, until you cancel your Monthly Subscription. By agreeing to these Terms and electing to purchase a Monthly Subscription, you acknowledge that your Monthly Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Monthly Subscription by you or SSH. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
d. Annual Subscriptions. If you purchase an Annual Subscription, you will be charged a one-time payment for access to the Services for a year. For Annual Subscriptions, SSH will send you a reminder no less than thirty (30) days and no more than sixty (60) days before the Annual Subscription ends that that you may renew your Annual Subscription for another year by paying the Annual Subscription Fee. SSH will not automatically charge you the Annual Subscription Fee for another annual Subscription year unless you expressly provide consent, in which case SSH will charge the Annual Subscription Fee on the last day of your then-current Annual Subscription term.
e. Subscription Freeze. You may suspend your subscription upon prior notice to SSH (“Subscription Freeze”) for a period of one (1) consecutive month, upon written request to SSH via email at: firstname.lastname@example.org at least three (3) days prior to the date of the next recurring billing cycle for your Subscription (in case of an Annual Subscription with up-front payment, three (3) days before Fees for the renewal term are billed). You shall not be permitted, without SSH’s expressed prior written approval, to: (i) exercise a Subscription Freeze more than three (3) times per year; and/or (ii) execute consecutive Subscription Freezes (back-to-back). SSH reserves the right to charge additional fees for extending your Subscription Freeze over three (3) months. If you choose to exercise a Subscription Freeze, then: (1) your Subscription and related rights and license to use the Service under these Terms shall not apply during the Subscription Freeze; (2) the Subscription Freeze shall not be counted in the Subscription term, which shall be extended by the total Subscription Freeze exercised by you during your Subscription term; (3) you shall not be charged the monthly Fees applicable to the Subscription Freeze (except if such Fees have been paid upfront, according to your Subscription Plan); and (4) your registration to any Sessions or Session Packages scheduled to take place during the Subscription Freeze shall be cancelled by SSH; and (5) upon the conclusion of the Subscription Freeze, your Subscription shall automatically be reactivated, and you shall continue to be charged the Fees.
f. Cancelling Subscriptions. You may cancel a Transaction for an Annual Subscription for a full refund within ten (10) calendar days of your initial purchase. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR ANNUAL SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Monthly Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Monthly Subscription period. EXCEPT AS SET FORTH ABOVE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To cancel, you can send an email to email@example.com or submit a ticket at www.gosesh.com. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then-current Subscription period and will then terminate without further charges.
9. Content Ownership, Responsibility and Removal.
a. Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials;; (ii) “User Content” means any Content that Account holders (including you) post, generate, provide or otherwise made available through the Services; and (iii) “SSH Content” is all Content that is posted, generated, provided or otherwise made available through the Services (other than User Content).
b. Our Content Ownership. SSH does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. SSH and its licensors exclusively own all right, title and interest in and to the Services and SSH Content, including all associated intellectual property rights. You acknowledge that the Services and SSH Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or SSH Content.
c. Rights in User Content Granted by You. By posting, generating, providing or otherwise making available any User Content available through the Services you hereby grant to SSH a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense (through multiple tiers), to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
d. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by SSH on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
e. Removal of User Content. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
f. Rights in Content Granted by SSH. Subject to your compliance with these Terms, SSH grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
10. Rights and Terms for App
a. Rights in App Granted by SSH. Subject to your compliance with these Terms, SSH grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. SSH reserves all rights in and to the App not expressly granted to you under these Terms.
b. Accessing App from App Store. The following terms apply to any App accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
i. These Terms are concluded between you and SSH, and not with the App Provider, and SSH (not the App Provider), is solely responsible for the App.
ii. The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
iii. In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of SSH.
iv. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
v. In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, SSH will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
vi. The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
vii. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
viii. You must also comply with all applicable third party terms of service when using the App.
11. General Prohibitions and SSH's Enforcement Rights. You agree not to do any of the following:
a. Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
b. Use, display, mirror or frame the Services or any individual element within the Services, SSH’s name, any SSH trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without SSH’s express written consent;
c. Access, tamper with, or use non-public areas of the Services, SSH’s computer systems, or the technical delivery systems of SSH’s providers;
d. Attempt to probe, scan or test the vulnerability of any SSH system or network or breach any security or authentication measures;
e. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by SSH or any of SSH’s providers or any other third party (including another user) to protect the Services or Content;
f. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by SSH or other generally available third-party web browsers;
g. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
h. Use any meta tags or other hidden text or metadata utilizing a SSH trademark, logo URL or product name without SSH’s express written consent;
i. Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
j. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
l. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
m. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
n. Impersonate or misrepresent your affiliation with any person or entity;
o. Violate any applicable law or regulation; or
p. Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
12. Links to Third Party Website. The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
13. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Subject to the cancellation and refund policies in Section 8.f, you may cancel your Account at any time by sending an email to us at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 8.f, 9.b, 15, 16, 17, 18, 19, 20 and 21.
14. Warrant Disclaimers. THE SERVICES AND SSH CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any SSH Content.
15. Indemnity. You will indemnify and hold harmless SSH and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with: (i) your access to or use of the Services or SHH Content; (ii) your User Content; or (iii) your violation of these Terms.
16. Limitation of Liability. NEITHER SSH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR SSH CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SSH OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL SSH’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO SSH FOR USE OF THE SERVICES OR CONTENT OR, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SSH, ONE HUNDRED DOLLARS ($100), AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SSH AND YOU.
17. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 19 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and SSH are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and SSH each waive any objection to jurisdiction and venue in such courts.
18. Dispute Resolution. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 19 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and SSH are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and SSH each waive any objection to jurisdiction and venue in such courts.
a. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and SSH agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and SSH are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
b. Exceptions and Opt-out. As limited exceptions to Section 19(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at email@example.com or by regular mail at 800 Wilshire Blvd, Los Angeles, CA 90027, USA within thirty (30) days following the date you first agree to these Terms.
c. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
d. Claims. If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
e. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
f. Class Action Waiver. YOU AND SSH 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. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Section 19 shall be null and void.
19. Severability. With the exception of any of the provisions in Section 19.f, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
20. General Terms. With the exception of any of the provisions in Section 19.f, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
a. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between SSH and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between SSH and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without SSH’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. SSH may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
b. Notices. Any notices or other communications provided by SSH under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
c. Waiver of Rights. SSH’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SSH. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
d. Free Trial. If SSH provides you with access to the Services on a trial, courtesy or evaluation basis or the Service is labeled as “Pre-Release,” “Limited Release,” or “Beta” or otherwise described as experimental, untested, or not fully functional (“Free Software”), then this section of the Terms shall also apply. To the extent that any provision in this section is in conflict with any other term or condition in this Terms, this section shall supersede such other term(s) and condition(s) with respect to such Free Software, but only to the extent necessary to resolve the conflict. All Free Software is provided as is, without any warranty, indemnity, maintenance or support, express or implied, subject to any statutory rights that cannot be excluded or limited by law. Accordingly, you acknowledge that any use of the Free Software is entirely at your own risk.
e. Contact Information. If you have any questions about these Terms or the Services, please contact SSH at firstname.lastname@example.org.
21. Additional Terms for Live, On-Premise Courses.
a. General. In addition to the Services made available through our website and our App, SSH offers Live Courses that can be attended in conjunction with or separate to the Site and App. You may elect to attend Live Courses and can sign-up for Live Courses through the Site or App, or by contacting email@example.com. If you purchase a Monthly Subscription or Annual Subscription for the Services, you may attend an unlimited number of Live Courses offered by SSH during your Subscription term at no extra cost. Attendance of Live Courses is on a “first to sign-up, first serve” basis, and the maximum number of participants in each Live Course may be determined by SSH at its sole and absolute discretion. SSH reserves the right to cancel your attendance of any Live Course, at any time and at its sole discretion.
b. Payments for Live Sessions/Refunds. If you would like to attend Live Courses on an ad-hoc, one-off basis without purchasing a Subscription, you will be required to pay the one-time Live Course fee (“Live Session Fee”) and all related fees and applicable taxes for each Live Course you sign up for and attend. Some Live Course Fees bundle Live Courses into a package for a discount. Live Session Fees will provide you some limited Site and App services, which will be communicated to you at the time of purchase. To the extent applicable, Live Session Fees are subject to Section 8.b. SSH may revise the pricing for the Live Session Fees at any time. Live Session Fees cannot be refunded to you, but if you cancel your attendance of Live Session within forty-eight (48) hours before the Live Session starts, you may reschedule the Live Course at a future session, subject to availability. If you have a complaint about a Live Session you attend, please email us at firstname.lastname@example.org and we may refund you the Live Course Fee (or applicable portions thereof) at our sole discretion.
c. Materials. As part of the Live Courses offerings, we may recommend the use or provide certain materials and supplies to you (“Materials”). The use of Materials is at your own risk and you agree that SSH will not be liable in any way for losses or damages, including without limitation, personal injury or property damages, in connection with the use of any Materials whether obtained by you or supplied by us. Materials are provided solely for your personal use in conjunction with the Services, and you agree not to copy, distribute, modify, share, post online, or otherwise provide the Materials to anyone else.
d. Video Release. Live Sessions are filmed, and a video recording of each completed Live Course (each, a “Live Session Recording”) will be accessible on the Services for other users of the Services, including you, after the Live Course is complete. By attending a Live Session, you acknowledge that your likeness, image and voice (collectively, your “Appearance”) may be recorded and captured in a Live Session Recording. You grant to us and our designated contractors, representatives, agents, assigns, licensees and successors a non-exclusive, royalty-free, worldwide, irrevocable and perpetual right, transferrable license, permission and consent, with the right to sublicense (through multiple tiers): (i) to film and/or record you (the “Recordings”); and (ii) to use your Appearance, in or by means of any format and media now known or later discovered, including, but not limited to, by means of online and electronic media, for the purpose of making available each completed Live Session Recording on the Services (including the Site and App) and also for promotional, marketing and advertising purposes (collectively, the “Purpose”). We will use your Recordings and your Appearance solely for the Purpose, and not for any defamatory or derogatory purpose. You agree that the Recordings (excluding your Appearance) are and will remain the exclusive property of SSH. You understand and agree that: (1) all rights and licenses granted by you to SSH in this Section 22(e) shall be irrevocably vested in SSH and not subject to rescission or revocation by you or any other party; and (2) your rights and remedies with respect to any alleged breach by SSH of this Section 22(e) shall be limited to a claim of damages in an action at law and you may not seek, obtain, or enforce any injunctive or equitable relief against SSH (such as obtaining an injunction to stop the use or distribution of the Recordings, or my Appearance) or seek any termination or rescission of the release granted in this Section 22(e).
e. Conduct. When you attend a Live Session, you agree not to do the following:
i. Be disruptive during the Live Session or disrespectful of other attendees or the instructor of the Live Course;
ii. Loiter in the Live Session classroom space once the Live Session is finished;
iii. Leave your personal belongings in the Live Session classroom once the Live Session is finished;
iv. Harm or damage in any way property belonging in the Live Session classroom, or remove any equipment, furniture or materials from the Live Session classroom;
v. Commit waste or make use of the Live Session classroom in a way that creates nuisance or which is offensive; and
vi. Use the ethernet/internet services provided during the Live Session for any unlawful or illegal purpose, including sending unsolicited commercial email (spam).