This e-Learning Program Service Agreement (hereinafter the “Agreement”) is entered into by and between N&M Beauty Corporation (hereinafter “N&M”) located at 5 E 57th St, 11 floor, New York, NY, 10022 and the Consumer (hereinafter “Consumer”). N&M is a professional corporation that provides training to licensed professionals in the beauty, health and medical fields using e-Learning online educational services (“Services”).
The Consumer is an individual seeking to obtain e-Learning training from N&M.
By clicking the checkbox, the Consumer agrees to the E-Learning Service Agreement as follows:
a. The Consumer hereby engages N&M to provide online training courses in English, Russian, Portuguese and Spanish.
b. Online training courses include, but are not limited to, lashes training, microblading training, powder training, laser training, brow training and makeup training.
II. Engagement/Licensing Disclaimer
a. N&M is a non-degree granting educational institution. While it provides skills training for employment, it is not licensed by the New York State Education Department. Any training workshop provided. N&M is not for credit nor does it follow State established curricula. N&M provides educational materials and guidance; it does not award accredited degrees, licenses, or certificates.
b. N&M does not guarantee Consumer’s ability to practice on live models as part of the services.
c. N&M does not guarantee employment to the Consumer after the completion of online educational training.
a. The Consumer agrees to pay N&M an amount for the selected online training course set forth in the course description on the N&M website.
b. All payment is due before the start of an online training course.
c. All sales are final and non refundable.
IV. Refund Notification
a. N&M will not issue any refunds for training materials purchased by the Consumer.
V. Personal Liability
a. The Consumer executing this Agreement agrees to be personally liable for all monies to do N&M. Consumer is liable under this Agreement for interest, penalties, or attorneys’ fees assessed for non-payment.
b. N&M does not provide legal, professional or commercial advice. N&M does not accept any legal liability or responsibility for any loss or damage whatsoever arising out of completion of its workshops or reliance on the content of the training courses.
VI. Limitation of Liability
a. To the maximum extent permitted by law, N&M shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any party other than the applicable N&M party, including without limitation, any defamatory, offensive, or illegal conduct; or (c) unauthorized access, use, or alteration of your content or information.
b. N&M shall not be liable for any damages nor injuries sustained by individuals for whom the Consumer provides cosmetic services for after the completion of N&M’s online training courses.
a. You agree to indemnify, defend, and hold harmless N&M from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
VIII. Copyright Notification
a. All materials, names, and terms within the e-Learning Program are the property of N&M, except where otherwise noted. Nothing on the N&M website and course materials should be construed as granting, by implication, or otherwise, any license or right to use any of these materials, names, terms, and trademarks displayed on this website.
b. None of the material may be copied, reproduced, distributed republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of N&M.
c. Any unauthorized use of any material contained on this website may violate copyright laws, the laws of privacy and publicity, and communications regulations and statutes. N&M enforces its intellectual property rights to the
fullest extent of the law.
IX. Confidential Information
a. “Confidential Information” means any information that any Party designates as being confidential or which, under the circumstances surrounding disclosure, ought to be treated as confidential. Confidential Information includes, but shall not be limited to: corporate information pertaining to the structure, capitalization and shareholders of N&M or any third-party corporation introduced to the Student by N&M; compensation plans; financial information; marketing plans; business plans; customer agreements and lists; and any other information pertaining to the business, operations, finances and employees of N&M and introduced third-party corporations.
b. The Receiving Party shall not disclose any Confidential Information to third parties except upon the express written consent of the Disclosing Party.
c. Each Party shall take reasonable security precautions, at least as great as the precautions it takes to protect its own confidential information, to keep
confidential the Confidential Information.
a. If any term of this Agreement is found to be unenforceable or contrary to law, it will be modified to the least extent necessary to make it enforceable, and the remaining portions of this Agreement will remain in full force and effect.
XI. Anti-Discrimination Policy
a. N&M is committed to maintaining a healthy, safe and secure environment for students, faculty and staff. It will enforce policies prohibiting all forms of sex discrimination, including sexual misconduct in the form of sexual assault, sexual coercion, sexual exploitation, dating violence, domestic violence and stalking.
b. N&M affords equal opportunity to all persons registering for its services without regard to race, color, creed, sex, religion, national origin, citizenship, age, physical or mental disability, veteran status, sexual orientation, predisposing genetic characteristic, domestic violence victim status, or any other classification protected by federal, state or local law.
XII. Jurisdiction and Venue
a. This Agreement is to be construed pursuant to the laws of the State of New York. Consumer agrees to submit to the jurisdiction and venue within New York State in the County of Kings without regard to conflict of laws and provisions, for any claims, disputes, or controversies between ASA and Consumer arising, directly or indirectly, out of or relating to this Agreement any alleged breach thereof, shall be resolved by final and binding Arbitration administrated by National Arbitration and Mediation (“NAM”) in accordance with NAM’s Comprehensive Dispute Resolution Rules and Procedures and the Fee Schedule in effect at the time the claim is filed with NAM. Any award of the Arbitrator(s) is final and binding and may be entered as a judgment in any court of competent jurisdiction. The parties shall be entitled to discovery sufficient to adequately arbitrate the claims and defenses, including access to essential documents and witnesses, as determined by the arbitrator. ASA is entitled to attorney’s fees and costs incurred for the arbitration if they are the prevailing party. The award of the arbitrator, which may include equitable relief, shall be final, and judgment may be entered upon it in accordance with the applicable law in any court having jurisdiction thereof. Any demand for arbitration shall be in writing and must be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date that institution of legal or equitable proceedings based upon such claim dispute or other matter would be barred by the applicable statute of limitations. All previously unasserted claims arising under federal, state or local statutory or common law and all disputes relating to the validity of this contract, as well this Arbitration provision, shall be decided by final and binding Arbitration. Any award of the Arbitrator(s), is final and binding, and may be entered as a judgment in any court of competent jurisdiction. In the event a court having jurisdiction finds any portion of this agreement unenforceable, that portion shall not be effective and the remainder of the agreement shall remain in effect.
b. Consumer agrees to consult applicable local, state, and federal laws and provisions regarding the necessary requirements and certifications for any performing cosmetic procedures.
CONSUMER ACKNOWLEDGES THAT CONSUMER HAS READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. CONSUMER R REPRESENTS TO ASA THAT CONSUMER UNDERSTANDS THOSE TERMS AND CONDITIONS AND AGREES TO BE BOUND BY THEM.
By clicking the checkbox and paying for N&M e-Learning online educational services, the Consumer agrees to the E-Learning Service Agreement in its entirety.