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Cafe JumpStart offers affordable online courses and certificate programs (collectively, “Courses”, and each a “Course”) and e-books (“Guides”) on a wide variety of subjects. 

These Terms of Service (“Terms”) apply to your use of and participation in CAFE JUMPSTART’s Courses and Memberships, as well as all other products and services offered from CAFE JUMPSTART from time to time, including but not limited to Guides (collectively, the “Services”). Our Services also include the use of any websites operated by CAFE JUMPSTART (each, a “Website”), including CafeJumpStart.com.

1. Acceptance of this Agreement

By using the Services, you agree to be bound by these Terms which is incorporated herein by reference (the Terms and Privacy Policy together, the “Agreement”). If you do not accept and agree to be bound by all the terms of this Agreement, then you may not use the Services. 

We may make changes to these Terms from time to time without notice to you. The most recent version of this Agreement will be posted to the Website and will be the version that applies to your use of the Services. By continuing to use the Services after any changes to this Agreement are posted to the Website, you agree to be bound by those changes. Therefore, you should check the Website regularly for the most recent version of this Agreement.

2. Eligibility

You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that:

• you are at least 18 years of age.
• you are accepting this Agreement and you confirm that you have the right and capacity to enter into this Agreement; and
• you will comply with this Agreement.

We are under no obligation to accept any individual’s application for registration in a Course and may accept or reject any application for registration in our sole and complete discretion. 

3. Your CAFE JUMPSTART Accounts

You are solely responsible for maintaining the confidentiality of the password (the “Password”) used to sign into your CAFE JUMPSTART account (the “Account”) and for all activities that occur through your Account. Your Account may only be used by you. You may not share your Password or otherwise allow anyone else to use your Account. If you think someone has gained access to your Account, you must immediately contact us. Notwithstanding anything else in these Terms, we are not responsible for any unauthorized access to your Account. In addition, we reserve the right to delete or change your Password and shall have no liability to you for any loss or damage caused by such action.

You may request deletion of your Account by contacting us through the contact information provided on the Website.

4. Intellectual Property

Our Services include course materials, lesson plans, interactive exercises, Guides, software, photographs, images, text, graphics, Sample Materials (as defined below) and other materials provided by us or by third parties (collectively, the “Materials”). CAFE JUMPSTART retains all right, title, and interest, including all intellectual property rights, in and to the Materials. Except as explicitly set out in these Terms, you may not sell, transfer, assign, license, sublicense, or modify the Materials or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Materials in any way for any purpose. You must retain all copyright and other proprietary notices contained in the Materials. The use or posting of the Materials on any social media page or other website for any purpose is expressly prohibited. The Websites use and display registered and unregistered trademarks, service marks and logos (collectively, “Trademarks”) of CAFE JUMPSTART and other third parties. You may not use the Trademarks without our prior written consent and nothing on the Websites should be construed as granting any license to use the Trademarks. 

5. Licenses

Our Limited License to You

CAFE JUMPSTART grants you a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable, non-sublicensable license to access and view the Materials for which you have paid all required fees, solely for personal, non-commercial, educational purposes. In addition to the foregoing, you also may: 

1. display and promote any certificates which we provide to you in connection with your successful completion of one or more Course(s); and 
2. modify, reproduce, distribute and use in your own business certain sample materials (such materials, the “Sample Materials”) provided by CAFE JUMPSTART for use in your business, provided that: (I) you may not sell the Sample Materials to any party; and (ii) you are solely responsible for your use of the Sample Materials. CAFE JUMPSTART expressly disclaims any liability whatsoever related to your modification, reproductions, distribution, and use of the Sample Materials.

CAFE JUMPSTART explicitly reserves all other rights not expressly granted herein. Nothing in these Terms shall be construed to grant you the right to reproduce the Materials or Services for commercial purposes. Use of the Services or Materials in a manner that is not expressly authorized hereunder is a material breach of this Agreement.

User Materials and Your License to Us

The Website may enable you to post or submit materials (including without limitation product reviews and photos) to the Websites (collectively, “User Materials”). You expressly acknowledge and agree that once you submit User Materials to the Website, it will be accessible by others, and that there is no confidentiality or privacy with respect to such User Materials, including, without limitation, any personally identifying information that you may make available. YOU ARE ENTIRELY RESPONSIBLE FOR ALL USER MATERIALS THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES.

You retain all copyrights and other intellectual property rights in and to your own User Materials. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your User Materials and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us the right, but not the obligation, to use your User Materials to advertise and promote the Websites, CAFE JUMPSTART, and our products and services. 

By submitting User Materials, you are representing that you are the owner of the User Materials or are making your posting or submission with the express consent of the owner of the User Materials, that you have the rights necessary to grant the license to the User Materials under the prior paragraph, and that its use by CAFE JUMPSTART as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libellous, defamatory, or obscene material or content that violates this Agreement.6.

6. Access to Materials

Individuals enrolled in our Courses are granted a lifetime access license to the Materials provided in connection with such Course, meaning that once you purchase a Course, you will have access to the associated Materials for life, provided that your Account is in good standing and that CAFE JUMPSTART’s business activities remain ongoing. However, we reserve the right to revoke any license to access and use the Materials at any point in time if we decide in our sole discretion to disable access to the Materials for legal, policy or business reasons.

7. Rules for Use of Services

When using the Services, you agree to comply with the rules (the “Rules”) in this Section 6 and that you will not use the Services for any unlawful purpose. Without limiting the generality of the foregoing, you will not:

• use the Services or any content contained in the Services for any commercial purposes without our prior written consent.
• copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Services without our prior written consent.
• interfere with or attempt to interrupt the proper operation of the Websites using any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means.
• use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
• frame or inline link any of the content of the Websites or incorporate into another website or other service any of our material, content or intellectual property.
• use meta tags or code or other devices containing any reference to CAFE JUMPSTART or the Services (or any Trademark of CAFE JUMPSTART) to direct any person to any other website for any purpose.
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services, or cause others to do so.
• use or develop any third-party applications that interact with the Services.
• probe, scan or test the vulnerability of our Services or any system or network.
• encourage or promote any activity that violates this Agreement.
• use the Services for any harmful or nefarious purpose.
• use the Services to damage CAFE JUMPSTART.
• use the Services to spam, solicit money from or defraud any individuals.
• impersonate any person or entity or post any images of another person without her or his permission.
• post any User Materials that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
• post any User Materials that is hate speech, threatening, sexually explicit or pornographic.
• post any User Materials that incites violence or contains nudity or graphic or gratuitous violence.
• post any User Materials that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
• solicit Passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other individuals or disseminate another individual’s personal information without his or her permission; or
• use another individual’s Accounts or share your Accounts with another individual.

We reserve the right, in our sole and absolute discretion, to deny you access to the Services or any portion thereof, without notice, and to remove any content that does not adhere to the Rules or otherwise violates this Agreement.

8. Fees, Payment and Refunds

As consideration for any purchase you make from CAFE JUMPSTART, you shall pay CAFE JUMPSTART all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provide to us for the full payment of the fees and any applicable taxes, and you hereby consent to the same. You also consent to automatically billing of your payment method for any payment plans or automatically renewing subscriptions.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Password). You hereby authorize CAFE JUMPSTART to obtain or determine updated or replacement expiration dates for your credit card if the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. 

If you are not satisfied with a Course for any reason, then within 30 days of your purchase of that Course, you may request, and we will grant you, a full refund of all fees paid by you for such Course. In such circumstances, we reserve the right to remove your access to all Materials provided to you in connection with such Course and you must return the same to us without making any copies, derivative works, or other reproductions thereof. Notwithstanding the foregoing, all fees paid by you for a Course shall become non-refundable upon your completion of the final examination for such course, whether such examination within 30 days of your purchase of such Course. 

Some of CAFE JUMPSTART’s subscription services terminate upon expiry of the initial subscription term and must be renewed by you if you wish to continue accessing such services. Other subscriptions until you terminate or cancel the subscription. If you cancel a subscription, then you may use the subscription until the end of the period for which you have already made payment, following which your subscription will automatically terminate. Notwithstanding the termination of the subscription, CAFE JUMPSTART will retain the full amount of the final payment received from you in respect of such subscription.

9. Third Party Websites

The Websites may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. 

10. Disclaimers

the websites and the materials are provided on an “as is” and “as available” basis without any warranties of any kind, including that the websites will operate error-free or that the websites, their servers, or the materials are free of computer viruses or similar contamination or destructive features. cafe jumpstart expressly disclaims any warranties and conditions of any kind to the maximum extent permitted by applicable law, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, stability, accuracy, or noninfringement. cafe jumpstart makes no representation or warranty that the services or materials: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe. some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. cafe jumpstart is not responsible for any third-party conduct or user materials on the websites.

the websites or materials may contain technical inaccuracies or typographical errors or omissions. unless required by applicable laws, we are not responsible for any such typographical, technical, or pricing errors listed on the websites. the websites may contain information on certain products and services, not all of which are available in every location. a reference to a product or service on the websites does not imply that such product or service is or will be available in your location. we reserve the right to make changes, corrections, and/or improvements to the websites at any time without notice.

you hereby irrevocably and unconditionally release and forever discharge cafe jumpstart from all claims, demands, and rights of action, whether now known or unknown, that relate to any interactions with, or acts or omission of, the services, the materials, or cafe jumpstart. if you are a Australia resident, you hereby waive Australia civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favour at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

11. limitation of liability

to the maximum extent permitted by applicable law, cafe jumpstart will in no event whatsoever be liable to you or any third  party for any lost profit or any direct, indirect, consequential, exemplary, incidental, special or punitive damages arising from this agreement or the services, materials or third party sites and their services and products, even if cafe jumpstart has been advised of the possibility of such damages. access to, and use of, the services, the materials or third-party sites and their products and services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom. notwithstanding anything to the contrary contained herein, cafe jumpstart’s liability to you for any damages arising from or related to this agreement, the services and materials (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of: (a) fifty Australian dollars ($50) or (b) amounts you have paid cafe jumpstart in the prior 12 months (if any). some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all the exclusions and limitations in this section may not apply to you.

12. Termination

We reserve the right, in our sole discretion, to deactivate your Account and to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website and Materials at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability. 

If you breach Section 4, 5 or 7 of these Terms, then your permission to access and/or use the Services automatically terminates and you must immediately destroy any copies you have made of the Materials.

Sections 4, 5, 6, 8, 9, 10, 11, and 13 of this Agreement shall survive any termination of this Agreement. 

13. Final Terms

All rights not granted to you are reserved by CAFE JUMPSTART. 

All intellectual property in the Materials and Services is owned by CAFE JUMPSTART. 

This Agreement is the final, complete and exclusive agreement between you and CAFE JUMPSTART and supersedes all prior agreements between us.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our consent. We may assign the Agreement without restriction in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or bankruptcy or other operation of law, without your consent.

If we need to contact you about this Agreement, you: (1) agree to receive electronic messages from us; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other messages we send to you electronically satisfy all legal requirements as if they were in writing. We agree that these Terms of Use and all related documents are in English.