Tama Kieves

Inspired & Unstoppable quote

Effective Date: May 20, 2018

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

At Tama Kieves International (“Tama Kieves”, “we”, “us”, “our”) we respect your privacy rights. We have created this privacy policy (“Privacy Policy”) to explain how we treat the information collected and received from your use of our Services (as defined in the Terms of Use, “TOU”, listed below) provided through the website, http://tamakieves.com and any other websites or applications we own, operate, or control (the “Website(s)”). This Privacy Policy applies only to the Services, and we are not responsible for the practices of persons, companies, institutions or websites that Tama Kieves International does not control, manage, or employ. Capitalized terms not defined herein have the meanings set forth in the TOU.

Please read this Privacy Policy as well as our TOU carefully, as they govern your use of Tama Kieves International. If you do not agree to this Privacy Policy, please do not use our Services.

Tama Kieves International is the data controller of your information. Please see the “Contact Information” section below for additional details.

Important Information About Using Our Services

Please understand that by submitting any information to us, you acknowledge that we may collect, use, disclose and retain such information in accordance with this Privacy Policy and our TOU, and as permitted or required by law. If you do not agree with these terms, then please do not provide any information to us. Tama Kieves International may offer social sharing features as part of its Services which, among other features, allows you to make your profile public.

What Information We Collect

We collect a variety of information that you provide directly to us. In general, we collect information from you through:

  • Using any of our Services, including registering for a User Account through the Website(s)
  • Making a purchase from us, including registering and enrolling in any Online Course
  • Signing up for email updates
  • Uploading or posting to public forums
  • Submitting requests or questions to us via forms or email
  • Requesting customer support and technical assistance

The types of data we collect directly from you include:

  • Name, address, telephone number and email address
  • Log-in credentials, if you register a User Account with us
  • Information about purchases or other transactions with us, such as your shipping address. Please note, however, that we do not collect, store, or transmit financial account information.
  • Instead, we use a third-party payment processor to process our payments
  • Information about your customer service and maintenance interactions with us
  • Demographic information, such as your gender, socio-economic status, and other personal information. Information you provide to us in connection with any application or admissions process, including, for example, educational and work experience, prerequisite knowledge, any pre-assessment you complete, your goals, and other information
  • User-generated content you upload or post to public forums through the Services. Information needed in order to comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others
  • Information from third parties about you in connection with any referral programs we may offer
  • Any other information you choose to directly provide to us

Participation in Online Courses. If you desire to participate in an Online Course, you will be asked to provide us with certain information necessary to conduct such an Online Course. This information may include, among other things, your name and email address. Tama Kieves International, or its third-party service providers, may also collect certain information from you in conjunction with assignments, exams and other assessments related to the Online Course. Tama Kieves International may also collect information from you or about your performance or accomplishments related to the course, such as project evaluations, teacher evaluations and other evaluations of your performance or accomplishments.

Profiles Services. You can choose to share additional information, such as your work experience, resume and transcript, your picture, and answers to questions about your experience, studies and work preferences, when you create a personal profile through participation in online programs. You can also share information by updating your Profile, uploading documents, or answering questions or surveys we email you or present to you through our Services. Collectively, the professional profile and the materials you provide through the services are referred to as simply your “Profile.”

Please note, that by electing to make your Profile public, you acknowledge that:

Your Profile and all the included information, materials, documents and pictures will be shared with, and publicly viewed by, other third parties also accessing the list of individuals in a particular program or online group (including without limitation, potential employers, recruiters, other students or persons, and us).

 

Information We Collect Through Automated Means

Analytics Information

When you use our Services, we and our service providers (which are third party companies that work on our behalf) may use cookies, and similar technologies to track, collect and aggregate certain information including, among other things, which pages of our Website(s) were visited, the order in which they were visited, when they were visited, the URLs from which you linked to our Website(s), and which hyperlinks were “clicked.” Collecting such information may involve logging the IP address, operating system and browser software used by each user of the Website. Through such information, we may be able to determine from an IP address a user’s Internet Service Provider and the general geographic location (city/state) of his or her point of connectivity.

We also use or may use these technologies to help us determine and identify repeat visitors, the type of content and sites to which a user of our Website(s) links, the length of time each user spends at any particular area of our Website(s), and the specific functionalities that users choose to use.

We use third-party web analytics services (such as those of Google Analytics) on our Website(s) to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. For more information about our use of cookies and similar technologies, including how you can install the Google Analytics Opt-out Browser Add-on to prevent Google from using your information for analytics, or otherwise control or disable cookies. This information is processed in a way which makes it unidentifiable: all we see are statistics and ‘heat maps’. We do not make, and do not allow Google to make, any attempt to discover the identity of those visiting our website. For more information about Google Analytics and their Privacy Policy, please visit: https://support.google.com/analytics/answer/6004245?hl=en

Online Advertising

We may allow third party companies, including advertising companies (such as Facebook, Google, Twitter, Quora and Bing), to place cookies on our website. These cookies enable such companies to track your activity across various sites where they display ads and record your activities so they can show ads that they consider relevant to you as you browse the Internet. These Cookies store information about the content you are browsing together with an identifier linked to your device or IP address.

These Cookies also allow us and third parties to know whether you’ve seen an ad or a type of ad, and how long it has been since you’ve last seen it. This information is used for frequency capping purposes, to help tailor the ads you see, and to measure the effectiveness of ads.

Do we use ‘cookies’?

We do not use cookies for tracking purposes

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, some features will be disabled. that make your site experience more efficient and may not function properly.

However, you will still be able to place orders .

Do Not Track Signals

Currently, we do not monitor or take any action with respect to Web browser signals or other mechanisms for the expression of choice regarding collection of information about an individual over time and across third-party web sites or online services (e.g., Web browser “do not track” signals).

Information We Collect from Social Media and Other Content Platforms

If you log-in to, or connect to, a third-party network (e.g., through a social network), or log-in to our Services, through a social network site (e.g., Facebook), you may allow us to have access to and store certain information from your social network profile. This includes your name, gender, profile picture, depending on your settings on such services. If you do not wish to have this information shared, do not use a social networking connection to access the Services. For a description of how social networking sites handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings.

Referral Programs

We may offer certain Users the opportunity to refer (Referrers) their friends (“Referees”) to the Site through a third-party referral program whereby both Referrers and Referees may obtain credits or other rewards through such referrals. To the extent we offer such programs, the Referrers may share information about the Referees, including email addresses for the purpose of sharing the referral offer. We may also share the Referrer’s email and name with the Referee as well as provide the Referer the confirmation of the Referee’s acceptance of the referral which may include Referee’s email in connection with providing any such referral program.

How We Use The Information We Collect

We use your information for various purposes depending on the types of information we have collected from and about you and the specific services you use, in order to:

  • Send you information in connection with the Services
  • Respond to your communications and requests
  • Manage and process Online Courses, including but not limited to tracking attendance, progress and completion; administering exams, projects, and other assessments; verifying a User’s identity as part of a proctored exam or exit interview for an Online Course; and monitoring performance during an exam to confirm that you are abiding by the applicable testing rules or requirements
  • Provide Services to you, such as services that you request in conjunction with the Online Courses
  • Contact you by email, postal mail, or phone (including via SMS messages) regarding Tama Kieves International and third-party products, services, surveys, research studies, promotions, special events and other subjects that we think may be of interest to you
  • Customize the content we provide through the Services
  • Help us better understand your interests and needs, and improve the Services
  • Engage in analysis, research, and reports regarding use of the Services
  • Secure the Services
  • Comply with any procedures, laws, and regulations which apply to us where it is necessary for our legitimate interests or the legitimate interests of others
  • Establish, exercise, or defend our legal rights where it is necessary for our legitimate interests or the legitimate interests of others

Combined Information. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.

Aggregate/Anonymous Data We may aggregate and/or anonymize any information collected through the Website so that such information can no longer be linked to you or your device (“Aggregate/Anonymous Information”). We may use Aggregate/Anonymous Information for any purpose, including without limitation for research and marketing purposes, statistical analyses of Website(s) usage, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors.

How We Share and Disclose Your Information

Tama Kieves International will share your information in the following ways:

  • Service Providers. We provide access to or share your information with operations and maintenance contractors and other third parties who perform services on our behalf. They have access to perform these services but are prohibited from using your information for other purposes. They provide a variety of services to us, including billing, sales, marketing, test proctoring, product content and features, advertising, analytics, research, customer service, data storage, security, fraud prevention, payment processing, and legal services.
  • Employers. We may share the information that we collect from you when you participate in an Online Course if the course is sponsored or paid for by your employer. For example, we may share with your employer pre-assessment results, the Online Courses you are interested in, your progress in the course, including project status, time spent actively involved in or with an Online Course or interacting with your Mentor, and/or evaluations and performance assessments. If you make your Profile public on the Website, and your employer has access to the Website, then your employer will have the ability to view your Profile information and materials. This information may be shared at any time during the course or afterwards.
  • Educational Institutions and Scholarship Partners. If you are taking a course sponsored or associated with a particular Educational Partner (e.g., such as a university or scholarship/sponsored partner), we may share information about you and your performance with the university or scholarship partner, including to report on your progress in the course. Information shared with our Educational Partners will be subject to the privacy policies and procedures of such partners.
  • Business Partners. With your consent, Tama Kieves International may share information that can be used to directly contact you with third party business partners, such as companies that may be offering products or services or other opportunities that may be of interest to you.

Protection of Tama Kieves International and Others.

By using the Website, you acknowledge and agree that we may access, retain and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process (e.g. a subpoena or court order) or law; (b) enforce our Terms of Use, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of Tama Kieves International, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, compliance with applicable law, and spam/malware prevention, and similar purposes.

Related Entities and Affiliates. We may share information with our affiliated companies that are under the common ownership or control of Tama Kieves International Business Transfers. As we continue to develop our business, we may buy, merge, or partner with other companies. In such transactions, (including in contemplation of such transactions) user information may be among the transferred assets. If a portion or all of Tama Kieves International’s assets are sold or transferred to a third-party, customer information (including your email address) would likely be one of the transferred business assets. If such transfer is subject to additional mandatory restrictions under applicable laws, Tama Kieves International will comply with such restrictions.

Aggregate/Anonymous Information. From time to time, Tama Kieves International may share Aggregate/Anonymous Information about use of the Services, such as, but not limited to, publishing a report on usage trends or survey results, as well graduation rates, careers studies and success rates, and other demographic information provided to us by our Students. The sharing of such data is unrestricted.

Data Subject Rights and Your Choices

You may have certain rights with respect to your information as further described in this section.

Your Legal Rights

If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the “Tama Kieves International Contact Information” section below at any time. Your local laws, such as in the European Union, may permit you to request that we:

  • provide access to and/or a copy of certain information we hold about you
  • prevent the processing of your information for direct-marketing purposes (including any direct marketing processing based on profiling)
  • update information which is out of date or incorrect
  • delete certain information which we are holding about you
  • restrict the way that we process and disclose certain of your information
  • transfer your information to a third-party provider of services
  • revoke your consent for the processing of your information

We will consider all requests and provide our response within the time period stated by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation.

To the extent that you make such a request, we require certain information to help verify your request and prevent fraudulent information and removal requests. Specifically, we ask that you provide the following pieces of information:

  • Username and email address associated with your Tama Kieves International User Account;
  • Online Courses currently or previously enrolled in;
  • Approximate date of User Account registration;
  • Information you want to view and/or request removed;
  • Country of residence; and
  • A statement under penalty of perjury that all information in your request is truthful and that this is your User Account or that you have the authorization to make the request on behalf of the owner of the User Account.

Depending on the circumstances and the information you request, we may require additional methods of verification in our discretion.

Marketing Communications

You may instruct us not to use your contact information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. In commercial email messages, you can also opt out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.
Retention of Your Information

We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.

Third Party Links and Features

The Services contain links to third-party websites such as social media sites, and also contain third-party integrations (such as the Facebook “like” button or Slack/Github integration) and functionalities. If you choose to use these sites or features, you may disclose your information not just to those third-parties, but also to their users and the public more generally depending on how their services function. Tama Kieves International is not responsible for the content or practices of those websites or services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third-parties.
Children’s Privacy

Tama Kieves International is intended for general audiences and not for children under the age of 13. If we become aware that we have inadvertently collected “personal information” (as defined by the United States Children’s Online Privacy Protection Act) from children under the age of 13 without legally-valid parental consent, we will take reasonable steps to delete it as soon as possible. We also comply with other age restrictions and requirements in accordance with applicable local laws.

 

International Users

Tama Kieves International stores information about visitors to our Website and users on servers located in the United States. By using our services, you consent to the storage of your information inside the United States. If you are using the services from outside the United States and the European Union, please know the information you submit will be transferred to and stored in servers in the United States or other countries. The data protection and other laws of the United States and/or other countries might not be as comprehensive as those in your country. By submitting your data and/or using our services, you acknowledge the transfer, storing, and processing of your information in and to the United States.

As described above, Tama Kieves International also may subcontract the processing of your data to, or otherwise share your data with, service providers and others in countries other than your country of residence, including the United States, in accordance with applicable law. Such third parties may be engaged in, among other things, the provision of services to you, the processing of transactions and/or the provision of support services. By providing us with your information, you acknowledge any such transfer, storage or use.

If we provide any information about you to any such non-European Union entities, we will take appropriate measures to ensure such companies protect your information adequately in accordance with this Privacy Policy. These measures include signing Standard Contractual Clauses in accordance with European Union and other data protection laws to govern the transfers of such data. For more information about these transfer mechanisms, please contact us as detailed in the “Artellaland Contact Information” section below.

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We have not enabled Google AdSense on our site but we may do so in the future.

 

How We Protect Your Information

We consider the confidentiality and security of your information to be of the utmost importance. Tama Kieves International takes a variety of technical, administrative, and physical measures to protect your information from disclosure to or access by third parties. Please note that we do not guarantee the security of information, as no method of internet transmission or storage is completely secure. Also note that we may retain and store your information in our databases and systems even after your Tama Kieves International account is deactivated as long as we have a legitimate purpose to do so and in accordance with applicable law.

California Privacy Rights

California residents have the right to receive, once a year from Tama Kieves International: (a) information identifying any third-party company(ies) to whom we may have disclosed (within the previous calendar year) “personal information” (as defined by California law) for that company’s direct marketing purposes; and (b) a description of the categories of personal information disclosed. If you are a California resident and wish to obtain such information, submit a request at [email protected]; when you request the information, use the phrase “California Shine the Light Request” to help us appropriately identify your question, and include your mailing address, state of residence and email address so we can provide a response.

Changes To Our Privacy Policy

Please note that we review our privacy practices from time to time, and that these practices are subject to change. Any change, update, or modification will be effective immediately upon posting on our Website(s). You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” included at the beginning of the document. If we make a material change to the Policy, you will be provided with appropriate notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy. Be sure to return to this page periodically to ensure familiarity with the most current version of this Privacy Policy.
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:

Users can visit our site anonymously.

Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.

Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes:

  • On our Privacy Policy Page

Can change your personal information:

  • By emailing us
  • By logging in to your account

How does our site handle Do Not Track signals?

We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?

It’s also important to note that we do not allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under the age of 13 years old.

 

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

  • Within 1 business day

We will notify the users via in-site notification

  • Within 1 business day

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

 

CAN SPAM Act

 

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

  • Send information, respond to inquiries, and/or other requests or questions
  • Process orders and to send information and updates pertaining to orders.
  • Send you additional information related to your product and/or service
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:

  • Not use false or misleading subjects or email addresses.
  • Identify the message as an advertisement in some reasonable way.
  • Include the physical address of our business or site headquarters.
  • Monitor third-party email marketing services for compliance, if one is used.
  • Honor opt-out/unsubscribe requests quickly.
  • Allow users to unsubscribe by using the link at the bottom of each email.


If at any time you would like to unsubscribe from receiving future emails, you can email us at [email protected] 
and we will promptly remove you from ALL correspondence.

 

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

Tama Kieves International USA

[email protected]

225 S Broadway, Suite 9040

Denver, CO 80209-9040

Terms of Use

INTRODUCTION AND ACCEPTANCE OF TERMS

Tama Kieves International (collectively, “we,” “us” or “Tama Kieves”) provides you access to the Tama Kieves International Services (defined below) subject to the terms and conditions described in this document (this “Terms of Use”) and any other guidelines, rules or licenses posted in connection with any Online Courses (defined below). This Terms of Use also includes our Privacy Policy, incorporated by this reference.

By using this Service, clicking “I Agree”, registering a User Account (defined below), purchasing an Online Course, or by indicating your agreement to this Terms of Use through a similar mechanism, you are agreeing to be bound by this Terms of Use. If you do not agree to this Terms of Use, do not use the Services. If you under the age of 18, but at least 13 years of age, you represent and agree that you are an emancipated minor or possess legal parental or guardian consent to use the Services and are fully able and competent to enter into all of the conditions, obligations, affirmations, representations and warranties set forth in this Terms of Use. The Services are not intended for, nor directed at, individuals under the age of 13 (or under the applicable age of consent in your jurisdiction); if you are under 13 years of age (or the applicable age of consent in your jurisdiction), do not use the Services.

By participating in any of our Online Courses or otherwise interacting with our Services, including, without limitation, through any communities, chat rooms, or other method or media used for the purpose of providing you the Service(s), you are also bound by Tama Kieves International’s Terms of Use constitute Tama Kieves International  policies hereby incorporated by this reference.

SERVICES

Tama Kieves International  provides many services (each a “Service” and together the “Services”) through its website(s) located at www.Tama Kieves International .com, as well as any other websites and applications owned, operated, or controlled by us (each a “Website” and collectively the “Websites”), including, without limitation, all information, content, services, and materials made available through any Website, social media channels, or other online or onsite channels that enable you to participate in any Tama Kieves International  online educational programs (collectively the “Online Courses”) and related services or any part thereof. For clarity, Tama Kieves International  offers certain Online Courses that are curated, specially designed, and produced which are referred to as “Nanodegree” programs. A verified certificate of accomplishment upon conclusion of the applicable Online Course (“Verified Certificate”), shall be awarded, in the sole discretion of Tama Kieves International  and the instructors for the Online Courses, to Students (defined below) who have completed the course to the satisfaction of Tama Kieves International  including without limitation being in compliance with all Tama Kieves International  policies.

Tama Kieves International  reserves the right, at any time and from time to time, to modify, discontinue, temporarily or permanently, the Services provided or any part or portion thereof, with or without notice to you. You agree that Tama Kieves International  shall not be liable to you or to any third party for any modifications, suspensions, or discontinuance of the Services, or any portion thereof. Nothing in this Terms of Use shall be construed to obligate Tama Kieves International  to maintain and support the Services or any part or portion thereof, during the term of this Terms of Use.

Tama Kieves International  and the instructors of the Online Courses further reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses, as well as the point value or weight of assignments, tests, quizzes, exams, projects, and other such evaluations of progress. By attending the Online Courses, Students acknowledge that Tama Kieves International  and the instructors maintain the right and ability to adapt, modify or revise the Online Courses as Tama Kieves International  and the instructors deem appropriate.

ACCESS AND USER ACCOUNTS

Access: There are different ways in which you may access or use the Services. In each and every instance, you are only authorized to use the Services if you agree to abide by all applicable laws, rules, regulations, as well as this Terms of Use. You may access the Services as:

a “Visitor,” meaning any individual that browses any of our Services, including, without limitation, through a mobile or other wireless device without being registered,
a “Student,” meaning that you have created a User Account (defined below) registered and have enrolled in and paid for access to the Online Courses and other Tama Kieves International ’s Services and/or services, content, and/or certification provided by Educational Partners and that you intend to complete the applicable program, including the homework assignments and exams, and other requirements related to those individual programs.
an “Attendee,” meaning that you have created a User Account and that you intend to audit the Online Courses, i.e., attend or view lectures online without accessing final projects or assessments required for certification, or completing the homework assignments, exams or other course work related to assessments for certification.
a “Mentor” meaning that you have a User Account and have entered into the Mentor Services Agreement with Tama Kieves International  to provide mentoring and project review services to Students.

The term “User” refers to a Visitor, Student, Attendee, Mentor, or any other person that participates, interacts with, or otherwise makes use of any of the Services and/or any Tama Kieves International  community (e.g., moderators, volunteers, or experts-in-residence).

User Accounts: In order to use, access, or take part in many of our Services, including the Online Courses or to provide Mentor Services, you must select a login identification (“User ID”) and a unique user password (“User Password”) (collectively, a “User Account”). You agree that you will never divulge or share access to your User Account with any third party for any reason.

In setting up your User Account, you may be prompted or required to enter additional information, including, but not limited, to your name and email address. Additional information may be required to confirm your identity upon setting up your User Account and/or thereafter, for example, to confirm identity prior to receiving a credential of completion of a Nanodegree program. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. 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 enrollment any Online Courses, or a Nanodegree programs, to the extent applicable.

MODIFICATION OF THIS TERMS OF USE

We reserve the right to change or modify this Terms of Use at our sole discretion at any time. We will notify you of any material changes to the terms and conditions of this Terms of Use or to any service or other feature of the Services and you must accept such changes in order to continue your use and access thereof. If you do not accept such changes your use and/or access to the Services will be terminated. Any change or modification to this Terms of Use will be effective immediately upon posting by Tama Kieves International  on its Websites or applications, or as of the date indicated in the updated Terms of Use.

VISITOR COMMUNICATIONS

If you are Visitor, we may contact you through our in-website and in-mobile app notification, messaging and chat services while you browse the Services. You consent to receive these notifications and messages. We also provide information on our Websites for you to contact us with questions or comments. If you use this information to contact us, you consent to receive any notifications, messages, or other communications in response to any such contact.

STUDENT AND ATTENDEE COMMUNICATIONS

Agreement to Receive Electronic Communications.

If you are a Student, Attendee, or Mentor, you expressly consent to electronically receive all communications, agreements, documents, notices and disclosures whether transactional or promotional in nature as described more fully in the Privacy Policy You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.

Agreement to Receive Autodialed or Pre-recorded Calls and SMS Messaging.

By agreeing to receive electronic communications and/or by providing us your telephone or mobile number in connection our Services, represent that you are the subscriber of the cellular service at the mobile number provided, or that you are authorized by the subscriber to sign up to receive communications by telephone or text message. You further consent to receive autodialed or prerecorded calls, SMS, and/or text messages from us so that we may (i) notify you about activity connected with your User Account and any use thereof; (ii) provide you with Services associated with the Websites or Online Courses; (iii) troubleshoot problems with your User Account; (iv) resolve disputes; (v) collect debts; or (vi) as otherwise necessary to service your User Account or enforce this Terms of Use, our policies, applicable law, or any other agreement we may have with you. With your consent, we may also use automated technology or a pre-recorded voice to contact you by phone or SMS with offers and promotions that may interest you. To opt out of receiving offers and promotions by phone or SMS, please text STOP in reply to any communication sent by us or to the phone number identified in connection with our Service from the device for which you no longer wish to receive communications. We won’t share your phone number with third parties for any other purposes, other than to provide services to Tama Kieves International  on our behalf as noted below, without your consent. We may share your phone numbers with our Affiliates or with our third-party service providers, such as provision of Services, customer support, billing or collections companies, who we have contracted with to assist us in pursuing our rights or performing our obligations under this Terms of Use, our policies, applicable law, or any other agreement we may have with you. Other than prohibited by law, you agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. Standard telephone minute and text charges may apply.

You further understand and consent that we may, upon notice at time of contact, monitor, or record telephone conversations between us (or our service providers) and you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
PRIVACY

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. 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.

USER CONDUCT POLICY

As a condition of accessing or using any of the Services and/or Online Courses, you are, prohibited from undertaking, and agree not to: (a) violate any applicable laws, regulations, or rules; (b) set up multiple User Accounts, (c) reproduce, duplicate, copy, sell, resell, display, publish, transfer, distribute, create derivative works of, or exploit for any commercial purposes any portion of the Services, the Online Courses, any Content (as defined below), or any other aspect of our operations, other than as expressly allowed under this Terms of Use; (d) reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services; (e) use Tama Kieves International ’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (f) use any high volume, automated, electronic, or third party means to access the Services including without limitation robots, crawlers, browser plug-ins, browser extensions, spiders, or scripts (“Add-ons”)); (g) frame the Services, place pop-up windows over its pages, or otherwise affect the display of its pages; (h) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (i) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; (j) directly, or through any Add-ons, scrape any part of the Websites and/or Services; and/or (k) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

In addition, you may not post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information (collectively, “Unauthorized Content”):  that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others; that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; that violates the rights of other Users of the Services; or that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.

To the extent you are registered or enrolled as a student in, or are otherwise attending, an Online Course provided by an Educational Partner or other institution with its own policy regarding student and/or employee conduct or an “honor code,” those terms shall apply to you as a student and/or employee of such institution.

Tama Kieves International’s INTELLECTUAL PROPERTY RIGHTS

The Services are owned and operated by Tama Kieves International and its licensors. All content or other material available through the Services, including, but not limited to, information on the Websites, on-line lectures, speeches, video or other lessons, applications, pre-assessments and assessments, quizzes, presentation materials, homework assignments, programming assignments, programs, code, licenses, and other images, text, layouts, arrangements, displays, illustrations, documents, surveys, materials, audio and video clips, HTML, and files (collectively, the “Content”), are the property of Tama Kieves International  and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.

Tama Kieves International logos, trademarks and service marks which may appear on the Website(s), throughout the Services and in Online Courses (“Marks”), are the property of Tama Kieves International and are protected under United States and foreign laws. All other trademarks, service marks, and logos used on the Services, with or without attribution, are the trademarks, service marks, or logos of their respective owners. In addition, elements of the Services are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Tama Kieves International.

From time to time, Tama Kieves International may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Tama Kieves International and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.

LICENSE TO USE THE SERVICES

Subject to your compliance with this Terms of Use, Tama Kieves International hereby grants 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 (as defined below) so that you may exercise the rights granted to you under the section entitled “Creative Commons license” below. You must abide by all copyright notices or restrictions contained on the Websites, in any Online Course, or in the Content. You may not delete any attributions, legal or proprietary notices on the Websites, in the Online Courses s, or on the Content.

In some instances, some of the Content belonging to our licenses and provided in connection with the Online Courses, may require you to agree to that licensor’s terms and conditions. Tama Kieves International has no control and is not responsible for those third-party services as further described in the Linking to Third Party Sites and Content section below.

LICENSE TO EDUCATIONAL CONTENT

As used herein, “Educational Content” means a sub-set of the Content containing the educational materials made available to you through the Online Courses, including such on-line lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, code samples, and other educational materials and tools. Such Educational Content will be considered the “Licensed Material” under the terms of the CC License (as defined below).

Tama Kieves International hereby grants you a license in and to the Educational Content subject to, as modified herein, the terms and conditions of the Creative Commons Attribution-NonCommercial- NoDerivs 3.0 License located at http://creativecommons.org/licenses/by-nc-nd/4.0 and successor locations for such license (the “CC License”) provided that, in each case, the Educational Content is specifically marked as being subject to the CC License.

Without limiting the generality of the terms of the CC License, the following are types of uses that Tama Kieves International expressly defines as falling outside of the definition of “non-commercial”:

(a) the sale or rental of (i) any part of the Educational Content, ((ii) any derivative works based at least in part on the Educational (Content, or (iii) any collective work that includes any part of the (Educational Content;
(b) the sale of access or a link to any part of the Educational (Content without first obtaining informed consent from the buyer (that the buyer is aware that the Educational Content, or such part (thereof, is available at the Website free of charge;
(c) providing training, support, or editorial services that use or (reference the Educational Content in exchange for a fee;
(d) the sale of advertisements, sponsorships, or promotions placed (on the Educational Content, or any part thereof, or the sale of (advertisements, sponsorships, or promotions on any website or blog (containing any part of the Educational Material, including without (limitation any “pop-up advertisements”;
(e) the use of Educational Content by a college, university, school, or other educational institution for instruction where tuition is charged; and
(f) the use of Educational Content by a for-profit corporation or non-profit entity for internal professional development or training.

USER CONTENT

Tama Kieves International may provide Users with the ability to upload forum posts, chat with other Users, User discussions as well as post content, discussions, materials, media, and other information through profile pages and throughout the Services for social interaction or for use with the Websites or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). Tama Kieves International is not responsible that User Content and does not guarantee that any such User Content is accurate, truthful, up to date, reliable, or appropriate and disclaims any and all liability to you to the fullest extent of the law related to such User Content. You understand and agree that your reliance and/or reference to such User Content is solely at your own risk. Tama Kieves International does not claim ownership of any User Content you, or other User, may submit or make available for inclusion on the Websites or Online Courses. Accordingly, subject to the license granted to Tama Kieves International below, you will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content that you submit, post, or share via our Services.

With respect to any User Content you submit to Tama Kieves International  (including for inclusion on the Websites or Online Courses) or that is otherwise made available to Tama Kieves International, you hereby grant Tama Kieves International an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Websites or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to Tama Kieves International  above shall be exclusive. Tama Kieves International reserves the right to remove any User Content at any time and for any reason.

To the extent that you provide any User Content through any of the Services, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Tama Kieves International to use such User Content as provided above, (b) your User Content is accurate and reasonably complete, (c) as between you and Tama Kieves International, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, (d) such User Content does not violate and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices and (e) your User Content shall comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content, including, but not limiting to, laws regarding the transmission of technical data exported from the United States or the country in which you reside.

With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
FORUM, BLOG, AND CHATROOM SERVICES

You may be able to post messages to, and interact with other Users, Tama Kieves International staff, or Tama Kieves International service providers through, User forums, chat rooms, or blogs within the Services, in connection with your participation in any Online Courses (each a “Forum”). Your use of these Forums is subject to and governed by this Terms of Use. 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 Tama Kieves International in any manner (unless expressly stated otherwise by Tama Kieves International) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by Tama Kieves International in any manner, though Tama Kieves International reserves the right to do so at any time at its sole discretion in accordance with this Terms of Use. You acknowledge and agree that any Services Tama Kieves International provides to you via such Forums 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 of Use and is provided for educational purposes only.

SOCIAL SHARING AND Tama Kieves International PROFILES

To the extent you utilize any features of our Service that allow for public and/or social sharing of Forum content, User Content, or Profiles (as defined in our Privacy Policy), you understand that such information may be made available to third parties. While we attempt to limit access to your such content to legitimate Users, and ask that potential employers keep your information confidential, we cannot guarantee that other third parties will not gain access to this database. Additionally, we cannot guarantee control of the use made of socially shared information by third parties who access information you’ve shared our Profiles database. Once socially shared information, including, but not limited to, your Profile, has been disclosed, we are not able to retrieve it from the third parties who accessed it or ensure the destruction of it by those third parties.

You should not put sensitive information or other information you would not want made public, in your Profile or otherwise share that information socially. If you do include such information in your Profile or otherwise publicly share your information, then you agree that it is at your own risk and recognize that we cannot control third parties’ access to such information. You should not socially share or otherwise provide any of the following information or data in your Profile: (i) racial or ethnic origin, (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union or political party (v) physical or mental health or biometric or genetic details (vi) addictions, sexual activities (vii) criminal offences or proceedings (viii) information relating to unlawful or objectionable conduct, or (ix) any Social Security Number or national identification number.

You also should be aware that your Profile or other information you share socially may be visible and/or monitored by your current employer if they have access to the Website(s). In addition, if your employer has sponsored or paid for your Online Course, your access to our career services offering may be disabled.

PAYMENT TERMS

By enrolling in an Online Course or purchasing any of our Services and providing Tama Kieves International  with your payment information, you hereby agree to these payment terms. To purchase any services or products offered by Tama Kieves International  through the Services, you must have Internet access and a current valid accepted payment method as indicated during sign-up process (“Payment Method”). You agree to Tama Kieves International , or its third-party payment provider, storing and accessing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Tama Kieves International  Services as they become due, whether on a one-time, installment, or subscription basis. Fees may vary based on your location, the type of Payment Method used, where your Payment Method was issued, or other contractual arrangements. Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Tama Kieves International  does not support all payment methods, currencies or locations for payment and may vary such offerings from time to time. Additionally, you understand and agree that not all promotions and pricing are available to all Students, and that specific additional terms and conditions (such as the Special ND Terms) may apply to certain promotional programs, pricing, or geographic locations.

Term-Based Payments: For Online Courses that are provided on a term basis, there will be a fee for each term set forth on the applicable Online Course information and enrollment page. Payment requirements may be flat-fee and upfront for each term or in installments as indicated on the applicable Online Course enrollment page. In some instances, you will be permitted to pre-enroll in an Online Course before the Online Course commences on the Website(s).

Except as otherwise required by law or subject to contractual obligations, Users enrolling in term-based programs have seven (7) days from the first date the Online Course begins in any individual segment to disenroll and request a full refund by going to your account settings and canceling or by contacting us at [email protected] Kieves International .com. Fees paid for such programs are thereafter non-refundable for that Term, even if the User selected to pay for the term in installments. For a multi-term Nanodegree program, you may subject to enrollment obligations for additional terms. To the extent you choose to enroll in further terms for a Nanodegree program, the same seven (7) day disenrollment option shall apply to each term. Please note that, for multi-term Nanodegree programs, if you do not complete all terms, you may not eligible to receive a credential of completion if you do not complete and pay for the Nanodegree. Please reviews the specific terms of each Nanodegree program for any such requirements. After the seven (7) days, you are still able to disenroll at any time by going to your account settings, however, you will lose access to certain Services and features, such as Mentor services, and shall not receive a refund.

Subscription Based Payments: BY SELECTING A SUBSCRIPTION BASED ENROLLMENT, YOU EXPRESSLY AUTHORIZE Tama Kieves International  TO AUTOMATICALLY CHARGE THE APPLICABLE RECURRING MONTHLY FEE AND ANY AND ALL APPLICABLE TAXES TO YOUR PAYMENT METHOD UNLESS AND UNTIL YOU DISENROLL, ARE REMOVED, OR GRADUATE. Refer to our cancellation policy here:  ADD LINK.

We reserve the right to modify, terminate, or otherwise amend the fees and features associated with your subscription. If we notify you in advance of at least fifteen (15) days, your continued use of Tama Kieves International  and the Online Course after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may terminate your subscription by disenrolling. If you accept the new subscription, its terms and conditions with these Terms will apply for all future months.

Refunds: You hereby acknowledge and agree that Tama Kieves International  will not offer refunds on any fees and charges related to your purchase of any products or Services. This includes any partially used or unused periods for which you have already paid. We do not guarantee refunds for lack of usage or dissatisfaction. For subscription-based enrollments, upon the termination of your subscription—whether by disenrollment or graduation—you will not be charged for future monthly fees. However, you will not be issued a refund for the most recently (or any previously) charged fees. If you purchase any Online Course or Service through a mobile purchase or third-party marketplace (e.g., in-app purchases through the Apple App Store, Android App Store or purchases made through certain alternative payment services), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by Tama Kieves International . Except as otherwise explicitly stated by Tama Kieves International , the third-party marketplace will be solely responsible for making refunds under its refund policy, and Tama Kieves International  will have no refund obligations. Tama Kieves International  disclaims any responsibility or liability related to any third-party marketplace’s refund policy or the third party’s compliance or noncompliance with such policy.

Taxes: When you purchase any Online Course or other Service or product from Tama Kieves International , you agree to pay not only the applicable fee, but also all applicable sales, use, value added, transaction taxes, or other government-required fees and charges that Tama Kieves International  determines it is required to collect (“Taxes”). Please note that Tama Kieves International  will calculate the “estimated Taxes” at checkout and that, upon confirmation, you may be responsible for a different total. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You hereby authorize Tama Kieves International  to modify and charge any Taxes owed by you upon confirming the tax rate. Please also note that where VAT collection is required, if any, VAT will be calculated and added at checkout. You hereby agree to indemnify and hold Tama Kieves International  harmless against any and all claims by any tax authority for any underpayment of any Taxes, including, without limitation, VAT, and any related penalties and/or interest.

Credit Card Billing: Credit card payments are processed by our third-party payment processor(s), including as Stripe and/or PayPal. By agreeing to this Terms of Use, you agree to be bound by Stripe’s Terms of Service or PayPal’s Terms of Service as applicable. Any breach of those terms will be treated as a breach of these Terms. If you have selected a subscription-based enrollment or implemented an installment plan, you will be automatically charge your credit card monthly for the cost of the Online Course and any applicable taxes. If you have selected a subscription-based enrollment or implemented an installment plan, you will be automatically charged to the Payment Method for the cost of the Online Course and any applicable taxes. If any fee is not paid in a timely manner, or our processors are unable to process your transaction using the credit card information provided, we reserve the right to terminate your account or suspend or terminate your access to the Online Course as we deem appropriate. If your payment details change, your card provider may provide us with updated card details and you agree to our collection of such details. We may use these new details in order to help prevent any interruption to the Services. If you would like to use a different payment method or if there is a change in payment method, please visit your account settings to update your billing information.

IDEA AND FEEDBACK SUBMISSIONS

Any ideas and/or feedback you may have regarding our Services may only be submitted subject to the Tama Kieves International  Unsolicited Ideas and Submissions Policy through our email address: [email protected]

SERVICES AVAILABILITY AND LIMITATIONS

You acknowledge and agree that Tama Kieves International ’s Services, including paid services and products, are not available at all times, and that certain usage limits may apply. Please refer to the applicable FAQ for additional information about limitations and hours of availability. You also understand that Tama Kieves International , at its sole discretion, may limit, suspend, or terminate your use of any of the Services, including, without limitation those related to the Online Courses, such as access to Mentors, evaluation services, career services, records of Online Course completion, or other Tama Kieves International  Services. You also understand that Tama Kieves International  may modify or discontinue any or all of the Services related to its Online Courses at its sole discretion.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES AND ALL CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE SERVICES AND ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES, ONLINE COURSES, AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SERVICES, WEBSITES, , CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITES OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SERVICES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF SERVICES.
LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Tama Kieves International  BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS TERMS OF USE (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS OR USER’S RELIANCE ON OR USE OF ANYTHING LEARNED IN ANY ONLINE COURSE IN ANY MANNER) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. Tama Kieves International ’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS TERMS OF USE WILL NOT EXCEED THE GREATER OF TWENTY U.S. DOLLARS ($20) OR THE AMOUNT OF FEES RECEIVED BY Tama Kieves International  FROM THE COMPLAINING USER FOR THE USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, A USER’S USE OF CODE OR SKILLS LEARNED DURING ON AN ONLINE COURSE WHICH USER UTILIZES IN ANY MANNER); THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT Tama Kieves International  WOULD NOT ENTER INTO THIS TERM OF USE OR MAKE THE SERVICES AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.

SOME OF THE ABOVE LIMITATIONS MAY NOT TO APPLY TO YOU AS NOT ALL JURISDICTIONS ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

LINKING TO THIRD-PARTY SITES AND CONTENT

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. Tama Kieves International  does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do 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. Tama Kieves International  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.

INDEMNITY

You agree to indemnify, defend and hold harmless Tama Kieves International , its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Services in violation of this Terms of Use, (b) your use or attempted use of any code, program, data, information or any other Content provided through the Services in a manner inconsistent with this Terms of Use, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on or through the Services, including without limitation any claim of infringement of intellectual property or other proprietary rights.

TERMINATION OF RIGHTS

You agree that Tama Kieves International , 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 Tama Kieves International  believes that you have (a) breached this Terms of Use; (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 this Terms of Use or any applicable code of conduct, including, without limitation the Honor Code or Code of Community Conduct. You agree that any deactivation or termination of your access to the Services may be affected without prior notice to you and that Tama Kieves International  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 Tama Kieves International  may retain and store your information on Tama Kieves International ’s systems notwithstanding any termination of your account or the Online Courses as set forth in our Privacy Policy.

COPYRIGHT INFRINGEMENT CLAIMS & DISPUTE PROCEDURE

Tama Kieves International  respects the rights and intellectual property of others, and we ask our Users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Tama Kieves International ’s Copyright Agent with the following information:

  1. a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
    2. a description of where and/or specific link to the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses;
    3. your address, telephone number, and email address;
    4. a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
    5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf; and
    6. an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest.

TRADE REGULATIONS

Accessing the Services from territories where the Services, or any content or functionality of the Services, or portions thereof, including, but not limited to, functionality discussed in the Privacy Policy, is illegal is expressly prohibited. If you choose to access, purchase, or use the Services, in any manner, you: (i) acknowledge and agree that you do so at your own initiative and at your own risk; and (ii) represent and warrant that you are doing so in compliance with all applicable laws, regulations and orders, including, without limitation, the laws of the United States, and the member states of the European Union and the European Free Trade Association, pertaining to the export, re-export, transfer or resale of products or the provision of services.

MISCELLANEOUS PROVISIONS

This Terms of Use is governed by, construed, and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within California and without giving effect to any principles of conflict of laws. You agree that any lawsuit or other action brought by Tama Kieves International , you or any third party to enforce this Terms of Use, or in connection with any matters related to any of the Services or Online Courses, shall be subject only to the jurisdiction of the courts located in Santa Clara County, California. Tama Kieves International  may freely transfer or assign any portion of its rights or delegate its obligations under this Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under this Terms of Use without the prior written consent of Tama Kieves International. Tama Kieves International  makes no representations that the Services operate (or are legally permitted to operate) in all geographic areas, or that the Services, or information, services or products offered through the Services are appropriate or available for use in other locations. If any provision of this Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. Tama Kieves International  shall have no liability under this Terms of Use to the extent arising from any failure of Tama Kieves International  to perform any of its obligations under this Terms of Use 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 Tama Kieves International ’s reasonable control. Tama Kieves International  shall not be responsible for damage or other problems caused by any unauthorized change to this Terms of Use made by way of hacking or cracking this page.

Any delay or failure on the part of Tama Kieves International  to enforce any rights under this Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. The section titles herein are displayed for convenience only and have no legal effect. This Terms of Use constitutes the entire agreement between you and Tama Kieves International  relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Services by Tama Kieves International  or through a specific writing between you and Tama Kieves International .

Any notice which may be required to be given to us under this Terms of Use may be sent to us by writing or emailing to the following addresses:

Tama Kieves International USA

[email protected]

225 S Broadway, Suite 9040

Denver, CO 80209-9040