TERMS OF USE
Welcome, and thank you for your interest in NAN EDICATION LLC, EIN 99-2776492, located at 150 Sunny Isles Blvd Apt 802, Sunny Isles Beach, FL 33160 (also «NEllc» «we», or «us»). These Terms of Use apply to our website at https://nan.education along with our related websites, our Professional Education Courses, Consultations and other services provided by us (the “Service”, the «Product»). These Terms of Use are a legally binding contract between you and NAN EDICATION LLC regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY:
BY CREATING AN NAN EDICATION L.L.C. SITE ACCOUNT (“ACCOUNT”), OR OTHERWISE ACCESSING OR USING THE PRODUCT, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE PRODUCT, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRAVICY POLICY FOR THE SERVICE (THE “PRIVACY POLICY”) AND OTHER POLICIES AND ADDITIONAL TERMS WE REFERENCE BELOW (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE TO USE THE SERVICE (AS OUTLINED IN THESE TERMS), OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND NAN EDICATION ENL.L.C.’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY AND BETWEEN NAN EDICATION LLC AND YOU TO BE BOUND BY THESE TERMS.
1.
NAN EDUCATION L.L.C. Service Overview.
1.1
NAN EDUCATION L.L.C. is a mission-driven online course provider. Through the Service, you may:
1.2
“Partners” means the educational institutions and individuals who cooperate with NEllc in creating and perfomong courses and/or programs. If you are enrolled in the paid or verified track of a Course offered through our Service your satisfactory completion of such Course, as determined in our or a Partner’s sole discretion, may result in you being awarded a verified Certificate or Diploma of achievement (a “Certificate”) confirming your successful completion of the Course.
2.
Eligibility.
You must be at least 18 years old to use our Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service complies with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3.
Accounts and Registration.
To access most features of our Service, you must register for an Account. When you register for an Account, you will be required to provide us with some information about yourself, such as your name, email address, date of birth, country or region of residence, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your Account and password, which includes not sharing your password or letting anyone else access or compromise your Account and restricting access to the Service from your compatible mobile device(s) and computer(s). You accept responsibility for all activities that occur under your Account. If you believe that your Account is no longer secure, then you should immediately notify us at law@nan.education
4.
Certification.
4.1
Professional licensure and certification requirements may vary by state and country, and job requirements vary by employer. NEllc does not guarantee licensure, certification, or qualification for any profession or job based on your completion of a course offering through the Service. You are advised to research, understand, and comply with the requirements in the applicable state and/or country in which you work or intend to work, and to investigate whether the course in which you intend to enroll meets your academic and/or professional needs before enrolling.
5.
General Payment Terms.
You are responsible for paying all fees charged by or for NEllc and applicable taxes in a timely manner with a payment mechanism associated with the applicable product or service. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged and, as applicable, any other terms and conditions associated with your purchase (e.g., expiration dates for course entitlements). When purchasing a product an installment payment can be used as a method of payment in which the total amount owed is divided into equal payments made over a specified period. In case of non-payment or incomplete payment of the Product, the NEllc has the right to unilaterally terminate its obligations from the sixth day of delay. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as provided in our Refund Policy or as required by law.
5.1
Price. NAN EDICATION LLC reserves the right to determine pricing for the Service. NEllc will make reasonable efforts to keep pricing information published on the Service up to date. NEllc may change the fees for any feature of the Service, including additional fees or charges, if NEllc gives you advance notice of changes before they apply. NAN EDUCATION L.L.C., at its sole discretion, may make promotional offers with different features and different pricing available to any of NEllc’s business partners or customers. These promotional offers, unless made to you, will not apply to you, and we reserve the right to revoke a promotional offer in the event that we determine you are not eligible. Unless otherwise indicated, the fees charged by NEllc or any of its third-party payment processors for the Service are inclusive of all value added taxes, goods and services taxes, duties, levies, or charges, as determined and applicable based on the tax laws in your country.
5.2
Authorization. You authorize NEllc to charge all sums for any purchases you make within the Service as described in these Terms or otherwise published by NEllc, including all applicable taxes, to the payment method specified in your Account. If you pay any fees with a credit card, then NEllc may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
5.3
Refund Policy
Payment for the educational course may be refunded within a specified period of time by any lawful means.
Notwithstanding anything to the contrary below, please note that we have no obligation to offer you a refund after you earn a Certificate or if you complete a Course but are unsatisfied with your final grade, in each case, regardless of whether your refund request was received during the applicable refund period.
5.3.1
Eligibility for Refunds
Students are eligible for a refund if a written request for a refund is submitted to NEllc within fourteen (14) days of:
a. The date of full payment for the Course,
or
b. The start date of the Course, whichever is later.
However, no refunds are available more than 6 months after your payment.
5.3.2
Calculation of Refund Amount
The refund amount will be proportionally reduced based on the actual period of study completed by the Student as of the date of the refund request submission. The non-refundable portion of the tuition, corresponding to the actual study period, will be calculated from the course start date to the date of receipt of the refund request by NEllc. Reservation Fee: A non-refundable reservation fee will be deducted from the refund amount to cover the expenses incurred for reserving a spot in the course. Operational Expenses: NEllc will additionally account for the amount of operational expenses paid. These expenses may include, but are not limited to, advertising costs, digital platform fees, and payments to tutors and consultants.
5.3.3
Refund Process
The student must submit a written refund request to NEllc via email within the time frame specified in Section 5.3.1. The request must include the student's name, course information, payment date, reason for the refund, and a reference to the contractual provision entitling the student to a refund.
The company will review the refund request and calculate the amount to be refunded based on the criteria outlined above. The student will be notified of the refund decision and the calculated refund amount within ten (10) business days from the receipt of the refund request.
5.4
Delinquent Accounts.
a. NEllc may suspend or terminate access to the Product for any Account for which any amount is due but unpaid more than 5 days.
b. If your payment method is not valid at the time a Subscription Fee is due and you do not resolve the issues with payment during any applicable grace period that may be provided by NEllc, then NEllc reserves the right to suspend your subscription to the applicable Subscription Offering(s) and unenroll you entirely from all applicable Offering(s).
6.
Ownership; Proprietary Rights.
6.1
The Product is owned and operated by NEllc. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by NEllc (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of NEllc or their third-party licensors (including, as applicable, Partners). Except as expressly authorized by NEllc or directly by the applicable copyright holder, you may not make use of the Materials. There are no implied licenses in these Terms and NEllc reserves all rights to the Materials not granted expressly in these Terms.
6.2
Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
7.
Prohibited Conduct.
BY USING THE PRODUCT, YOU AGREE NOT TO:
a. use the Product for any illegal purpose or in violation of any local, state, national, or international law;
b. harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;
c. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
d. interfere with security-related features of the Product, including by: (a) disabling or circumventing features that prevent or limit use, printing or copying of any content;
e. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Account without permission, or falsifying your age or date of birth;
f. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section (Ownership; Proprietary Rights) or any right or ability to view, access, or use any Materials; or
g. attempt to do any of the acts described in this Section (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section (Prohibited Conduct).
8.
Modification of Terms.
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service.
9.
Term, Termination, and Modification of the Service.
9.1
Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 9.2 (Termination).
9.2
Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. For more info, contact us at law@nan.education
10.
Limitation of Liability.
10.1
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE NEllc ENTITIES OR OTHER PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCT OR ANY MATERIALS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY NEllc ENTITY OR ANY OTHER PROVIDER HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
10.2
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
10.3
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11.
Dispute Resolution and Arbitration.
11.1
Generally. Except as described in Section 11.2 (Exceptions) and 11.3 (Opt-Out), you and NEllc agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.11.2
Exceptions. Although we are agreeing to arbitrate most disputes between you and us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.11.3
Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 11 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending an email to NEllc. Once NEllc receives your Opt-Out Notice, this Section 11 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 11.11 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.11.4
Arbitrator. This arbitration agreement, and any arbitration between you and us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting NEllc.11.5
Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). NEllc’s address for Notice is: NEllc, Attention: NEllc Legal Department, 150 Sunny Isles Blvd apt 802, Sunny Isles Beach, FL 33160. The Notice of Arbitration must: (a) identify the name and email address of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or NEllc may commence an arbitration proceeding.11.6
Arbitration Proceedings. Any arbitration hearing will take place in the county and state of NEllc’s registration unless we agree otherwise or you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c). During the arbitration, the amount of any settlement offer made by you or NEllc must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.11.7
No Class Actions. YOU AND NEllc AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS PARTNER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and NEllc agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.11.9
Enforceability. If Section 11.7 (No Class Actions) or the entirety of this Section 11 (Dispute Resolution and Arbitration) is found to be unenforceable, or if NEllc receives an Opt-Out Notice from you, then the entirety of this Section 11 (Dispute Resolution and Arbitration) will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 11.11 (Governing Law) will govern any action arising out of or related to these Terms.11.10
Consumer Protection. You may have rights under applicable consumer protection laws that cannot be excluded, restricted, or modified by these Terms. Nothing in these Terms is intended to supersede your statutory rights as a consumer.11.11
Governing Law. These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. You and NEllc submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Miami Dade county, Florida for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Florida.11.12
Privacy Policy. Please read the Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy will be reviewed and updated from time to time. When we do make material changes, we will give notice via the NEllc Site or by otherwise notifying you. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.11.13
Consent to Electronic Communications. By using our Service, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.11.14
Contact Information. The Service is offered by NAN EDICATION LLC, EIN 99-2776492, located at 150 Sunny Isles Blvd apt 802, Sunny Isles Beach, FL 33160. You may contact us by sending correspondence to that address or by emailing us at law@nan.education11.15
International Use. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.11.16
Sanctions. You hereby represent and warrant that you are not: (a) currently the subject or target of any U.S. sanctions or included on any government’s sanctions list(s); or (b) prohibited from accessing or paying for the Service due to U.S. sanctions laws or regulations applicable to your location or country of residence.11.17
No Professional or Medical Advice; No Doctor-Patient Relationship.