TERMS AND CONDITIONS OF USEShay AlsaidLLC, a Limited Liability Company
Welcome to our website. This site is maintained as a service to our customers. By using this site, you (or sometime referred to as “user”) agree to comply with and be bound by the following terms and conditions of use, which apply specifically to [Parts 1 and 2 of]our MicrobladingBusiness Essentials Course(the “Course”). Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of the site www.SHAYALSAID.COMand www.TRAININGMICROBLADING.COM(together, the "Site") and describe the terms and conditions applicable to your access of and use of the Site, specifically to the Course. This Agreement may be modified at any time by Shay AlsaidLLC (the “Operator”)upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent versionof these terms at any time at www.SHAYALSAID.COMand www.TRAININGMICROBLADING.COM.Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. Ownership.All content included on this site is and shall continue to be the property of the Operatoror its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by orthrough your use of this Site.
4. Intended Audience. This Course and the related websitesareintended for those who are 18 years of age and overand have purchased and enrolled in the Course. .
5. Payment Policy.The full cost of the Microblading Bundle course including part one and part two is $2700, which can be split into 4 payments of $675 or one full payment of $2500. Once this payment is received you will begin the pre-course, which includes a short introduction of what to expect until the Course begins. Once the payment is received, we will ship you your kit and Course materials. You acknowledges and agree that the cost of the Course may change from time to time, and will refer to the website for current costs, process and payment policies
athttps://www.shayalsaid.com/how-it-works, If you purchase the pre-course and decide at a later date not to continue, you will not need to submit the second payment, but you will still be charged for the first payment.
6. Trademarks. Any registered and/or unregistered trademarks found on the site, which may include names, slogans and/or logos are the property of Operator and fully protected under the Federal Lanham Actand applicable common law. No use of these trademarks may be used for other purposes without prior written approval by Operator.Other productand company names mentioned on this Site may be trademarks of their respective ownersand fall under the same protections.
7. Site Use. Operator grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion ofthe Operator and we may terminate your use of this website at any time.
8. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agree that information provided by you is truthful and accurateto the best of your knowledge.
9. Indemnification. You agree to indemnify, defend and hold Operatorand our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
10. User Obligations.
10.1 You acknowledge and agree that the use of the website and its materials is entirely voluntary and not the subject of any state or federal general educational requirements. The purpose of the material is to certify you as a microblading artist and to teach you the fundamental business and marketing skills to operate as a microblading artist, however, you acknowledge and agree that participation in this course does not guarantee success.
10.2 User acknowledges and agrees to the following:i)User is 18 years of age or older;
ii)Each User mayonly log on from one device, if you must log on from a second device, you must email us for prior approval before doing soor it could result in termination from the Course and additional charges;
iii)Each Course purchase is for 1 student only; there will be assignments, discussions and test designed for 1 student per account; 2 or more students using the same account will result in automatic termination iv) During the scheduled 2 hour live call exam, only 3 people are allowed in on the call;
v)Redistribution or sharing any of the Powerpoint presentations, videos or any information provide in this Course is prohibited and will result in termination from the Course and additional charges;
vi) The platform used to create this Course can detect suspicious and prohibited usage and reselling this Course will result in copyright violations and legal proceedings against you;
vii) Any misuse of this Course as deemed by Operator in its sole discretion could result in automatic termination and the loss of full purchase amount and possibly copyright infringement charges;
viii) Once you select your start month, you will make best effortsto adhere to schedule provided with the understanding that if you are unable to do so, we may not be able to accommodate your revised schedule;
ix) Once your class begins, you will only be able to access it for the following 160 days in order to complete it;x) If you need to reschedule your start date from the month that you initially enrolled in, please email us at [email protected] the subject line “Schedule Change”, however, we cannot guarantee our ability to accommodate you;
xi) If the course ends before you complete all your assignments, you may email us at [email protected] request to retake the assignment, however, we cannot guarantee our ability to accommodate you;
xii) If you are unable to schedule your video call during the 3rdweek of the month (or otherwise), please contact us at [email protected] try and schedule an alternate timehowever, we cannot guarantee our ability to accommodate you; and
xiii)Delivery times of the Microblading Certificateas provided on the website at https://www.shayalsaid.com/how-it-worksare approximate and may vary. We cannot guarantee your success in the Course or a return on investment due to factors beyond our control, including but not limited to your performance in the Course and conditions in your local market. For further information on the Course, processes, payment schedule and policy and other details, please refer to the website at https://www.shayalsaid.com/how-it-works. In the event of a conflict between the website and these Terms of Services, these Terms of Service will prevail, with the exception of current Course costs, in which case, the website will prevail.
11.1 THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. OPERATOR DISCLAIMSALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITEAND ANY ANCILLARY MATERIALS PROVIDED.
12. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL OPERATOR BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
14. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
[ENTER INFO]15. Applicable Law. You agree that this agreement shall be subject to the laws of the State ofMichigan, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you andOperatoror its affiliates
16. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.17. Waiver. The failure of Operator to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement byOperatormust be in writing and signed by an authorized representative of the Operator. 18. Termination. Operatormay terminate this Agreement at any time, with or without notice, for any reason.19. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its ownactions.
21. Each student is responsible for learning and practicing on their own, Shay alsaid llc. is not responsible for any dissatisfaction or misuse or misunderstanding of the course. Refunds or returns are not accepted on any digital material purchased.