Terms and Conditions & Privacy Policy
Effective Date: July 9th, 2024
Introduction
Welcome to Fibonacci LLC ("we," "us," or "our"). By using our website and enrolling in our online course, you agree to comply with and be bound by the following Terms and Conditions and Privacy Policy. Please review them carefully. If you do not agree with these Terms, you should not register for the course or use our website.
Section 1: Terms and Conditions
Course Enrollment and Pricing
Pricing:
○ The online course's price listed on our website is the current price at the time of enrollment. We reserve the right to change the price at any time without notice.
Payment and Refund Policy:
○ Payment for the online course is required in full at the time of enrollment.
○ If you cancel within 3 days of the payment date, you are entitled to a full refund.
After 3 days, payments are non-refundable.
○ To request a refund, please contact us at info@kerkacademy.com within the specified period. Once a refund request is processed, access to the course will be suspended, and the account will be deleted.
Access and Duration:
○ The educational period for the online course is 6 months from the payment date.
○ You will have access to the online course materials for 6 months from the payment date. After this period, access will be terminated.
Eligibility
Age Requirement:
○ Participation in the online course is open to individuals who are 18 years of age or older. By registering, you confirm that you meet this eligibility requirement.
Registration Information:
○ You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Participation and Conduct
Professional Conduct:
○ You agree to participate in the online course in a professional and respectful manner. Disruptive behavior, harassment, or any other actions deemed inappropriate by Fibonacci LLC will not be tolerated and may result in revocation of access without refund or recourse.
User Conduct:
○ You agree not to engage in any activity that disrupts or interferes with the course or the servers and networks connected to our platform.
○ You may not use the course materials for any unlawful purpose or in a way that infringes the rights of others.
Interactive Features:
○ Any interactions on our platform, including bulletin boards, chats, or other forums, must adhere to our standards of conduct. We reserve the right to remove or alter any user-created content at any time for any reason.
Intellectual Property
Ownership of Materials:
○ All educational materials, including but not limited to videos, documents, and presentations provided as part of the online course, are the intellectual property of Fibonacci LLC
○ You may not copy, distribute, modify, or create derivative works from any of our materials without our prior written consent.
License to Use:
○ We grant you a limited, non-exclusive, non-transferable license to access and use the course materials for your personal, non-commercial use during the course period.
○ You may not share your login credentials or course materials with others.
Content Submitted by Users:
○ By posting or submitting any material (including, without limitation, comments, blog entries, photos, and videos) to us via the Site or other platforms, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material in any manner or medium, now known or hereafter developed, for any purpose.
Disclaimer of Warranties
No Warranty:
○ The course materials are provided "as is" without any warranties of any kind, either express or implied, including but not limited to warranties of accuracy, completeness, or fitness for a particular purpose.
○ We do not warrant that the course materials will be error-free or that any defects will be corrected.
Limitation of Liability
Exclusion of Liability:
○ To the fullest extent permitted by law, Fibonacci LLC will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to or use of the course materials.
Modification of Terms
Changes to Terms:
○ We reserve the right to modify these Terms at any time. We will notify you of any changes by updating the "Effective Date" at the top of these Terms.
○ Your continued participation in the course after any such changes constitutes your acceptance of the new Terms.
Governing Law and Dispute Resolution
Applicable Law:
○ These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
Dispute Resolution:
○ Any dispute shall be subject to binding arbitration in New York, NY. You may only resolve disputes with us on an individual basis and not as part of a class action.
Class Action Waiver:
○ You agree to waive any right to a class action and will resolve disputes on an individual basis.
Severability
Severability:
○ If any provision of these Terms is found to be unenforceable or invalid, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
Entire Agreement
Entire Agreement:
○ These Terms constitute the entire agreement between you and Fibonacci LLC regarding your participation in the online course and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.
Contact Information
Questions or Concerns:
○ If you have any questions or concerns about these Terms, please contact us at: Fibonacci LLC, info@kerkacademy.com
Section 2. Privacy Policy
Information We Collect
Personal Information:
○ We collect personal information that you voluntarily provide to us when registering for our online course, subscribing to our communications, or making a purchase. This may include:
■ Name
■ Email Address
■ Phone Number
■ Postal Address
■ Payment Information (e.g., credit card details)
■ Any other information you voluntarily provide
Automatically Collected Information:
○ We may collect certain information automatically as you navigate through our Site. This includes:
■ Your IP address
■ Browser type and version
■ Operating system
■ Pages you visit on our Site and the links you click
■ The time and date of your visit
○ We may also use cookies, web beacons, and similar tracking technologies to enhance your experience and gather usage data.
How We Use Your Information
To Facilitate Online Course Participation:
○ We use your information to manage your enrollment, send you reminders, updates, and other relevant information about the course.
Communication:
○ We may use your information to communicate with you regarding your participation, provide customer support, and respond to your inquiries.
Marketing and Promotions:
○ With your consent, we may use your information to inform you about other services and offerings from Fibonacci LLC that may be of interest to you.
Data Analytics:
○ We may analyze data to improve our website, course offerings, and overall service delivery.
Compliance:
○ We use your information to comply with applicable laws and regulations and to protect our rights and property.
Disclosure of Your Information
Third-Party Service Providers:
○ We may share your information with third-party service providers who assist us in operating our Site, conducting our business, or providing services to you. These providers are obligated to protect your information and may not use it for any other purpose.
Legal Obligations:
○ We may disclose your information when required by law or to protect our rights, property, or safety, or that of others.
Business Transfers:
○ In the event of a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred to the acquiring entity.
Advertising Partners:
○ We may share non-personally identifiable information with third-party advertisers to deliver targeted advertisements.
Third-Party Links and Services
● Our Site may include links to third-party websites or offer services provided by third parties. This Privacy Policy does not cover the practices of these third-party websites or services, and we are not responsible for their privacy practices. We encourage you to review the privacy policies of these third parties.
Data Security and Storage
● We implement appropriate technical and organizational measures to safeguard your personal information from unauthorized access, disclosure, alteration, or destruction. Your information is stored securely and is only accessible by authorized personnel.
Your Rights
● Access: You have the right to request access to the personal information we hold about you.
● Correction: You may request corrections to any inaccurate or incomplete personal information.
● Deletion: You have the right to request the deletion of your personal information, subject to certain exceptions.
● Objection: You may object to the processing of your personal information for certain purposes.
● Withdrawal of Consent: You may withdraw your consent to our processing of your personal information at any time.
To exercise any of these rights, please contact us at info@kerkacademy.com
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Children's Privacy
● Our Site and services are not directed to children under the age of 18. We do not knowingly collect personal information from children under 18. If we become aware that we have inadvertently collected such information, we will take steps to delete it. If you are a parent or guardian and believe we have collected your child's information, please contact us.
Use of Cookies and Tracking Technologies
● Cookies: We use cookies to enhance your experience on our Site. You can choose to disable cookies through your browser settings, but this may affect your ability to use certain features of our Site.
● Google Analytics and Facebook: We use Google Analytics and Facebook advertising features to track and analyze site usage and improve our services. You can opt out of Google Analytics by visiting Google’s ad settings, and you can manage Facebook advertising settings through your Facebook account.
Changes to This Privacy Policy
● We may update this Privacy Policy from time to time. We will notify you of any significant changes by posting the updated policy on our Site and updating the "Effective Date" at the top of this document. Your continued use of the Site after any changes indicates your acceptance of the updated Privacy Policy.
Contact Us
● If you have any questions about this Privacy Policy or our data practices, please contact us at:
○ Fibonacci LLC
○ Email: info@kerkacademy.com