Terms and Conditions

1. Welcome to AIBrain!

1.1 Introduction

These terms and conditions ("Terms", "Agreement") are an agreement between AIBrain Inc. ("AIBrain", "we" or "us") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the aischool.aibrain.com Website and any of its products or services (collectively, "Website", “Online Course”, “Course”, or "Services").

By purchasing the Online Course, or by indicating your agreement to these Terms and Conditions through a similar mechanism, you are agreeing to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Services.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY GOVERN YOUR USE OF THE SITE AND SERVICES, PARTICULARLY SECTION 12 (BINDING ARBITRATION; CLASS ACTION WAIVER), WHICH AFFECTS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US.

1.2 Modifications to Terms of Service

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Services' user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on the Service from time to time.

1.3 Privacy

At AIBrain, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

2. Beta Disclaimer

2.1.  Special Conditions Applied to Beta

YOU ARE BEING GRANTED RIGHTS UNDER THIS AGREEMENT FOR THE PURPOSE OF TESTING AND PROVIDING INPUT AND OTHER FEEDBACK TO AIBRAIN REGARDING ITS BETA ONLINE COURSE AND SERVICES.

THE BETA ONLINE COURSE LICENSED HEREUNDER IS BELIEVED TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF THIS BETA TESTING AGREEMENT IS TO OBTAIN FEEDBACK ON THE SERVICE AND THE IDENTIFICATION OF SHORTCOMINGS. YOU ARE ADVISED TO NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICE AND/OR ACCOMPANYING MATERIALS.

2.2  No Warranties For Beta

THE BETA ONLINE COURSES IS PROVIDED “AS IS”. AIBRAIN MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE BETA COURSE, INCLUDING ANY REPRESENTATION THAT THE SERVICES THEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, AIBRAIN DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF THE COURSE. FOR THE AVOIDANCE OF DOUBT, ALL BETA ONLINE COURSES ARE PRE-RELEASE, ARE EXPECTED TO CONTAIN MISTAKES AND ARE NOT EXPECTED TO MATCH THE SAME LEVEL OF QUALITY OF A FINAL, GENERALLY AVAILABLE SERVICE OFFERING. THE BETA COURSE MAY BE SUBSTANTIALLY MODIFIED PRIOR TO PUBLIC AVAILABILITY OR WITHDRAWN AT ANY TIME. ACCORDINGLY, ACCESS TO AND USE OF THE BETA COURSE IS ENTIRELY AT YOUR OWN RISK AND RESPONSABILITY. IN NO EVENT SHALL AIBRAIN BE LIABLE FOR ANY DAMAGE WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE BETA COURSE, EVEN IF AIBRAIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE ADVISED TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF ANY BETA SERVICE.

 

3. Access and Use of the Service

3.1 Use Description

The AIBrain service, and any content viewed through our Website, is solely for your personal and non-commercial use. With your Online Course purchase we grant you a freely revocable, worldwide, non-exclusive, non- transferable, non-sublicensable limited right and license

(a) to access, internally use and display the Services, including the Content, at your location solely as necessary to participate in the Online Courses as permitted hereunder, and

(b) to download the Educational Content (including online lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, code samples, and other educational materials and tools) so that you may exercise the rights granted to you under the Creative Commons Attribution-NonCommercial- NoDerivs 3.0 Licence (http://creativecommons.org/licenses/by-nc-nd/4.0) and successor locations for such license (the "CC License")

You may not rent, lease, distribute, or resell content or material from the Online Course, or use the Online Course as the basis for developing a competitive service (or contract with a third party to do so), or remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary notices on the Websites, in the Online Course, or on the Content.

3.2 Your Registration Obligations

You may be required to register with AIBrain in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

3.3 User Account, Password and Security

You may never use another's account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, (“User Account”) and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify AIBrain of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. AIBrain will not be liable for any loss or damage arising from your failure to comply with this Section.

You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Services and your enrolment any Online Courses to the extent applicable.

3.4 Modifications to Service

AIBrain reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. None of AIBrain or its affiliates, employees, or other agents shall have any liability to you or to any third party for any modification, suspension, or discontinuance of the Service. We have no obligation to retain any of your account or submitted content for any period of time beyond what may be required by applicable law. If your use of a paid Service is terminated, a refund may be available under our Refund Policy in Section 5.3.

3.5 General Practices Regarding Use and Storage

In connection with your use of the Services we may collect, store, use, share, and/or process certain information about you and your interaction with our Services. You acknowledge that AIBrain may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on AIBrain’s servers on your behalf. You agree that AIBrain has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that AIBrain reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that AIBrain reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. For further explanation on how we treat information collected and received from you when you use the Services and/or participate in our Online Courses, please see our Privacy Policy.

4. Conditions of Use

4.1 User Conduct

As a condition of accessing or using any of the Services and/or Online Courses, you are, prohibited from undertaking, and agree not to:

In addition, you may not post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information:

4.2 Special Notice for International Use; Export Controls

The technology and software underlying the Service or distributed in connection therewith are the property of AIBrain, our affiliates and our partners (the “Software”).  Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.

4.3 Commercial Use

Unless otherwise expressly authorized herein or by AIBrain in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

5.   Payment Terms / Refund Policy

5.1 Fee

AIBrain reserves the right to charge fees for use and access to the Online Course. AIBrain reserves the right to revise fee amounts at any time, at its sole discretion, under this Agreement or after the Services are made widely available and incorporated into an AIBrain service.

5.2 Payment Method

By enrolling in the Online Course and providing AIBrain with your payment information, you hereby agree to these payment terms. To purchase any Online Courses offered by AIbrain, you must have Internet access and a current valid accepted payment method during sign-up process. You agree to AIBrain, or its third-party payment provider, storing and accessing your payment information.

5.3 Refund for Regular Courses

After the Online Course officially starts and you receive access to the Online Course content and associated services, you are entitled to a full refund during the first 2 days after program start.  No refund will be issued after that time. To qualify for a full refund, you must return the hardware within 14 calendar days from the day of the program start. Hardware must be unopened and in the same condition that you received it. Your item must be in the original packaging. You are responsible for paying for your own shipping costs for returning your hardware. You are not entitled to a refund if the hardware has been used or damaged in any way.

5.4 Refund for Beta Courses

For all Beta courses, you are entitled to a full refund only until the day of the program start.  No refund will be issued after the Course has commenced. To qualify for a full refund, you must return the hardware within 14 calendar days from the day of the program start. Hardware must be unopened and in the same condition that you received it. Your item must be in the original packaging. You are responsible for paying for your own shipping costs for returning your hardware. You are not entitled to a refund if the hardware has been used or damaged in any way.

5.5 Promotions and Discount

If you have been provided with a promotion code and you would like to make use of it when you register for a Course, you will have to indicate this when registering for the relevant Course, and agree to be bound by the terms and conditions of the promotion code. Should you register without utilising the promotion code, the promotion code will become redundant and you will not be entitled to receive the benefit of the promotion code, including a refund of any part of the Course fee, once payment has been received by AIBrain. In addition, promotion codes are non-transferable and non-refundable - if you request a Course deferral, the promotion code shall no longer apply to the fee payable for the deferred Course.

5.6 Credit Card Billing

Credit card payments are processed by our third-party payment processor(s), including Stripe and/or PayPal. By agreeing to these Terms and Conditions, you agree to be bound by their respective Terms of Service as applicable. Any breach of those terms will be treated as a breach of these Terms and Conditions.

6. Course Assessment and Certificate

All courses are based on continuous assessment, unless stipulated otherwise for a specific Course. Depending on the course, assessment can be based on assignments or exams.

6.1 Assignment submission

Assignments are due to be submitted on the date and time as indicated in the Course calendar or as otherwise indicated by your dedicated Lab Instructor.

6.2 Final results

Your final result or completion status may be subject to a moderation process. If you have outstanding fees or amounts owing, your final result will be withheld until such time as your fees have been settled in full. If you are dissatisfied with your academic standing (final result for the Course) you are within your rights to submit an appeal. 

6.3 Certificate

AIBrain awards certificates of completion upon successful completion of the Online Course. The certificates will be issued in your legal name provided to us during the registration process. The certificates are issued in the sole discretion of AIBrain. No certificate will be issued to you if you do not meet the stipulated requirements for the award of a certificate. If you are found guilty of plagiarism where a satisfactory explanation is not given, AIBrain may decide not to issue a certificate to you. No changes can be made to the standard form or wording of a certificate for any reason.

7.  Intellectual Property Rights

7.1 Service Content, Software and Trademarks

You acknowledge and agree that the Service may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by AIBrain, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Online Course, in whole or in part. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by AIBrain from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by AIBrain.

The AIBrain name and logos are trademarks and service marks of AIBrain. Other AIBrain, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to AIBrain. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of AIBrain Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of AIBrain Trademarks will inure to our exclusive benefit.

7.2 Third Party Material

Under no circumstances will AIBrain be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that AIBrain does not pre-screen content, but that AIBrain and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, AIBrain and its designees will have the right to remove any content that violates these Terms and Conditions or is deemed by AIBrain, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

7.3 User Content Transmitted

With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights, and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights including but not limited to infringement of intellectual property. By uploading any User Content you hereby grant and will grant AIBrain, its affiliated companies and partners (including but not limited to AIBrain instructors, practitioners and other third parties providing instructional information through the Services, collectively “partners”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to AIBrain, its affiliated companies or partners are non-confidential and AIBrain, its affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that AIBrain may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of AIBrain, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7.4  Forum, Blog, and Chatroom Services 

You may be able to post messages to, and interact with other Users, AIBrain staff, or AIBrain service providers through, user forums, chat rooms, or blogs within the Services, in connection with your participation in any Online Courses. Your use of these Services is subject to and governed by this Terms of Conditions. By using any of the communications methods available on the Online Courses, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by AIBrain in any manner (unless expressly stated otherwise by AIBrain) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by AIBrain in any manner, though AIBrain reserves the right to do so at any time at its sole discretion in accordance with this Terms of Conditions. You acknowledge and agree that any Services AIBrain provides to you may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered "Content" under this Terms and Conditions.

 

8.  Third-Party Sites, Contents and Terms

Some content may require users to agree to third party licensor’s terms and conditions. AIBrain has no control and is not responsible for those third-party services.

You acknowledge that AIBrain Services utilize the YouTube API Services. As required under our Privacy Policy, you warrant and represent that you have read and agree to the YouTube Terms of Service and the Google Privacy Policy, as updated and amended from time to time.

The Websites and/or Online Courses may contain links to pages or content on third-party websites ("Linked Sites"), and those Linked Sites may contain content or offer products and/or services for sale. AIBrain does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that

(a) AIBrain has no responsibility for the accuracy or availability of information provided by Linked Sites, and

(b) AIBrain does not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Websites or Online Courses at any time for any reason or for no reason.

AIBRAIN WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES.

We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.

 

9. Indemnity and Release

To the fullest extent permitted by law, you agree to release, indemnify and hold AIBrain and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms and Conditions or your violation of any rights of another.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

 

10. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, AIBRAIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

AIBRAIN MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

 

11. Limitation of Liability  

11.1 No liability for Course outcomes

AIBrain will not, under any circumstances, be liable for any costs, claims or damages that you may sustain or suffer as a result of registering for and/or participating in any Course or other service offered by us which is not relevant, suitable or does not meet yours and/or any relevant industry or commercial body's requirements. Under no circumstances do we guarantee your suitability for a particular Course based on the levels of difficulty. We cannot, under any circumstances, be held liable to you for any costs, claims or damages, if after the completion of a course you are not able to obtain employment or a promotion within your chosen field of study, or any other outcome you may believe completing a Course will assist you to attain.

11.2 Limitation of liability

To the maximum extent permitted by law, you agree that we will not be liable for any cost, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss (such as loss of profits, business, goodwill, revenue or anticipated savings) or other damages of any kind, penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts that you or any third party might suffer that relates to or arises from these Terms, your participation in a Course, or termination of a Course for any reason, whether or not anyone anticipated or should have anticipated that damages would occur. In no event shall AIBrain's aggregate liability to you for any and all claims exceed the total amount of fees received from you in the six months preceding any cause of action.

11.3 Force Majeure

AIBrain shall have no liability under these Terms and Conditions to the extent arising from any failure of AIBrain to perform any of its obligations under these Terms and Conditions due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event not within AIBrain’s reasonable control. AIBrain shall not be responsible for damage or other problems caused by any unauthorized change to these Terms and Conditions made by way of hacking or cracking this page.

 

12. Binding Arbitration; Class Action Waiver

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

12.1 Initial Dispute Resolution

We are available by email at education@aibrain.com to address any concerns you may have regarding these Terms and Conditions or your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

12.2 Agreement to Binding Arbitration

If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the Section above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Conditions (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms and Conditions, including, but not limited to, any claim that all or any part of these Terms and Conditions is void or voidable. You may choose to engage in arbitration hearings by telephone/Skype/Zoom. Arbitration hearings not conducted by telephone/Skype/Zoom shall take place in a location reasonably accessible from your primary residence, or in Santa Clara County, California, U.S.A., at your option. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Terms and Conditions shall be subject to the Federal Arbitration Act.

The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures or by calling 1-800-352-5267. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250), we will pay the additional filing cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.

12.3 Class Action and Class Arbitration Waiver

You and AIBrain each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and AIBrain each expressly waive our respective right to file a class action or seek relief on a class basis.

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND AIBRAIN REGARDING ANY ASPECT OF THE SERVICE (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

12.4 30 Day Right to Opt-Out

You can opt out of this agreement to arbitrate by sending a written request to education@aibrain.com within thirty (30) days of first accepting these Terms and Conditions, or within thirty (30) days of any subsequent modification to the arbitration agreement set forth in this Section. Your request to opt-out of arbitration must include your (i) name, (ii) mailing address, (iii) email address, and (iv) express request to opt-out from the arbitration agreement set forth in this Section. If you opt-out of this agreement to arbitrate consistent with the procedure set forth above, all other terms set forth in these Terms and Conditions shall continue to apply to your use of the Services.

12.5 Exclusive Venue for Litigation

To the extent that the arbitration provisions set forth in this Section do not apply, or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Santa Clara County, California. The parties expressly consent to exclusive jurisdiction in Santa Clara County, California for any litigation other than small claims court actions. In the event of litigation relating to these Terms and Conditions, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

13. Termination of Rights

You agree that AIBrain, in its sole discretion, may deactivate your User Account or otherwise terminate your use of the Services, or any part thereof, for any reason or no reason, including, without limitation, if AIBrain believes that you have

(a) breached these Terms and Conditions;

(b) infringed the intellectual property rights of a third party;

(c) posted, uploaded or transmitted Unauthorized Content to the Services; or

(d) violated or acted inconsistently with the letter or spirit of these Terms and Conditions or any applicable code of conduct.

You agree that any deactivation or termination of your access to the Services may be affected without prior notice to you and that AIBrain shall not be liable to you nor any third-party for any termination of your User Account or access to the Online Courses or Services. You also acknowledge that AIBrain may retain and store your information on AIBrain’s systems notwithstanding any termination of your account or the Online Courses as set forth in our Privacy Policy.

 

14. Disputes Between Users

You agree that you are solely responsible for your interactions with any other user in connection with the Services and AIBrain will have no liability or responsibility with respect thereto. AIBrain reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

 

15. General Provisions

These Terms of Service constitute the entire agreement between you and AIBrain and govern your use of the Services, superseding any prior agreements between you and AIBrain with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms and Conditions will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Section 12 above, you and AIBrain agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Santa Clara County, California. The failure of AIBrain to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. You may not assign this Terms and Conditions without the prior written consent of AIBrain, but AIBrain may assign or transfer this Terms and Conditions, in whole or in part, without restriction. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Under no circumstances shall AIBrain be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

AIBrain Contact Information

If you would like to contact us to understand more about this Terms and Conditions or wish to contact us concerning any matter relating to it, you may do so by sending an email to education@aibrain.com