The Free Enterprise Institute
(FEI)
Online
Course Subscription Agreement.
BY CLICKING ON THE “I AGREE” OPTION
BELOW, YOU BECOME A PARTY TO THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS
TERMS. IF YOU DO NOT AGREE TO
THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE “I AGREE” OPTION, AND DO NOT PLAY
ANY OF THE COURSE CONTENT.
1. 1. PARTIES, PURPOSE, AND GENERAL TERMS
1.1.
Definition. The parties to
this Online Course Subscription Agreement (“the Agreement”, “this Agreement”)
are The Free Enterprise Institute (FEI) and you (the subscriber).
1.2.
Purpose. The purpose of
this Agreement is to set forth the terms and conditions under which FEI will
make its educational products (online course content) and pertinent support
services available to you, and the terms and conditions under which you may use
those products and services.
1.3.
General Terms. This
Agreement does not transfer ownership rights of any description in the course
content, or any related materials, to you or any third party. You may not
reproduce any of the course content for any purpose except as otherwise
specified in this Agreement. You may not modify or create derivative works based
on the course content. You may not distribute the course content to any persons
or entities. Your usage of the course content is a temporary grant of license to
play the course for yourself and no others. You must observe all proprietary
notices and conditions pertaining to the course content and take all necessary
steps to protect the intellectual property rights associated therewith.
2. THE PARTIES OBLIGATIONS
2.1. FEI’s Obligations. FEI’s principal
obligation under this Agreement is to deliver any online course (or any portion
thereof) for which you have paid the tuition. We also have some ancillary
obligations for the following:
a)
Courses that have ongoing qualification requirements (sections 4.3 through 4.6
and 5.3 through 5.6)
b)
Providing video player software updates as needed (section 3.2)
c)
Providing limited technical support (section 3.7)
d)
Providing limited course content support (section 3.8)
e)
Communications regarding your subscription (as specified in the relevant
sections of this Agreement)
f)
Certain refund obligations pursuant to the guarantee or certain subscription
cancellations or termination
g)
Honor all other terms of this Agreement.
2.2. Subscriber’s Obligations. You (the
subscriber) have certain obligations under this Agreement:
a) Use
the most recent version of the FEI Player application to play the course(s) (see
section 3.2).
b)
Adhere to the default course schedule (one session per two weeks, minimum
frequency); you may play sessions with greater frequency, but any frequency less
than one session per two weeks will cause your subscription to become
inactive.
c)
Reactivate your subscription within the allotted time if you allow it to become
inactive (see section 3.10).
d) Be
responsive to notices and other communications (see section 3.14).
e)
Honor all other terms of this Agreement.
2.3. Acceptance of Enrollments. FEI is under
no obligation whatsoever to accept any enrollment in any course. Unless
specified by a separate written agreement, course enrollments are exclusively
limited to individual persons. Enrollments are accepted by FEI on the basis of a
prospective enrollee’s qualifications. Qualification for enrollment is solely
determined by FEI, and is not subject to appeal or dispute by any subscriber or
prospective subscriber. The general qualifications for enrollment in FEI courses
are:
• Curiosity
• Rationality
• Aspiration
• Intellectual honesty
FEI
may, at its discretion, apply additional qualification criteria based on the
rational and moral principles taught in FEI courses. FEI does not consider race,
religion, color, creed, sexual preferences, marital or parental status, gender,
or physical disabilities in the qualification process. However, because the
course content is presented in an audio/visual format, FEI has no ability to
accommodate persons with severe visual or auditory impairments, which the
audio/visual format naturally precludes. Due to the nature of the course
content, prospective enrollees must be at least 18 years of age. FEI may make
special provision for younger subscribers under certain special
circumstances.
3. USE OF VIDEO PLAYER AND CONTENT.
3.1. Online Video Player Use Restrictions. Use of the online video
player is intended only for your personal playing of the courses and sessions
that you have been approved to take by FEI. Your use of the video player to play
the course for others who are not subscribers is expressly prohibited and
constitutes a breach of this Agreement.
3.2. Video Player Software Updates. We will
update the software from time to time as needed for maintenance, security, and
performance or feature enhancements. Our updating of the software requires no
action on your part, except the use of a compatible Internet (web)
browser.
3.3. Content Ownership and Copyright. Any
course to which you subscribe is a product of the Free Enterprise Institute
(FEI), and is the intellectual property of Andrew J. Galambos (AJG), whose
proprietary interests are represented by The Andrew J. Galambos and Suzanne J.
Galambos Natural Estates Trust (“the Trust” or “AJGNET”). Your subscription to a
course does not constitute a transfer of any copyright or ownership rights to
you for any of its content. In no case, whether specified by law or interpreted
by the jurisdiction of courts, shall the moral ownership of any portion of the
course content (as established by the fact of authorship), be transferred to
subscriber under this or any successor Agreement. All course content is
©Copyright (year) – The Andrew J. Galambos and Suzanne J. Galambos Natural
Estates Trust or The Free Enterprise Institute. (The year of copyright
declaration for any given course is specified in the end titles of Part B of
every session of the course.)
3.4. Content Use Restrictions. Your use of the content of the
course is governed by sections 3.4.1 through 3.4.7, which sections specify the
proprietary rights reserved by FEI in the administration and disposition of the
intellectual property in the course, including all course materials.
3.4.1. Playback. Playback of sessions is only
allowed from two devices (computer and/or mobile device) with Internet access.
Simultaneous login and playback from more than two devices is electronically
limited, and requires special permission from the Online Course Manager.
Playback of courses and sessions is limited to those subscribers with paid
tuition. You may not play any session or part of any session for another
individual. You may not disclose your login password or user password to any
other person. It is your responsibility to make certain that no one else has
access to the course content while the course is playing on your device.
Playback of courses and sessions for other individuals or groups without express
written permission from FEI is a violation of this agreement and may result in
early termination of your subscription.
3.4.2. Personal Notes. Your subscription
to this course entitles you to hear and view the course presentation and take
written or electronic notes on the content for your personal use only.
You are not permitted to make audio, video, photographic, or other copies of any
course or any portion of any course. The notes and the media upon which they are
written or stored by you are your property; however, any of the intellectual
property that is contained in such notes that is the unique, original
intellectual property of AJG shall remain the property of AJG. Your possession
of that property under this Agreement does not constitute a transfer of any
ownership rights or copyright to you.
3.4.3. Disclosure and Publication. You may not disclose or in any
way publish any part of the unique, original content of any FEI course without
the explicit written permission of FEI. Such methods of disclosure include
written, printed, or electronic disclosures of any kind, including disclosure
via text (pamphlets, books, essays, monographs…etc.), audio recordings, video
recordings, graphic images, or any other form or method of recording or
reproduction that is currently extant or that might be developed in the future.
Such methods also include postings to Internet blogs, social networking media
(such as Facebook®, Twitter®, Instagram®…etc.), emails, or discussion groups not
currently authorized or sponsored by FEI.
In any
case, any such disclosure of the content of any courses that results in
disclosure to any individuals who are not currently enrolled in those courses as
subscribers under the terms of this Agreement or any predecessor or successor
Agreement constitutes “publication” under this section 3.4.3 and will result in
the immediate termination of your subscription under section 6.2 of this
Agreement.
3.4.4. Teaching the Course Content. You may not explain,
clarify, interpret ,or otherwise
“teach” the content of this or any other FEI course to any individuals or groups
without an explicit written agreement between you and FEI. The right to teach
the course content, to authorize the teaching of that content, or to provide
support for, interpretation of, or comprehension of that content is reserved
exclusively to FEI and authorized FEI staff and support associates by the owner
of the intellectual property (AJGNET).
3.4.5. Communications Between Subscribers. FEI encourages subscribers of
FEI courses to communicate with each other regarding the course content in
private or FEI-sponsored communications that do not violate any of the
provisions of this agreement, especially sections 3.4.3, 3.4.4, 3.5.3, and
3.6.
This
section 3.4.5 also covers communications between subscribers and qualified
graduates. The term “qualified graduate” of an FEI course refers to subscribers
who have successfully completed the online version of that course—especially
V-50DD or V-201DD—or who have otherwise been explicitly determined by current
FEI staff to be qualified graduates.
Please
note that FEI students who attended earlier live or tape presentations of FEI
courses do not necessarily or automatically qualify as graduates. Attendance at
course lectures does not ensure comprehension of their content, or the ability
to apply the principles they teach. FEI reserves the exclusive right to
determine whether an individual is a qualified graduate.
3.4.6. Promotion. Notwithstanding the constraints
of sections 3.4.3, 3.4.4, 3.4.5, 3.5.3, and 3.6, FEI encourages you to engage in
private discussions whose purpose is to promote FEI courses by stimulating
curiosity and questions about subjects explained in FEI courses as part of the
process of qualifying individuals for enrollment in those courses. Effective
methods for promoting the courses within the spirit of this Agreement are
covered in the courses themselves. Additional information is available from info@fei-ajg.com .
3.4.7. Course Materials. Certain FEI courses may be
supplemented by additional course content items that are not included within the
body of the online audio-visual (video) course presentation that you will view
and hear via the FEI Video Portal. Such additional course materials may include
but are not limited to the following items, which may take the form of online
forms, PDF* documents or other electronically distributed content, or other
forms of communication or distribution:
*NOTE: PDF = Portable Document Format. If an instruction from FEI specifies that you must download a PDF file and open it in Adobe Reader, you must follow that instruction. Many of the PDFs in the FEI system have interactive features that will not work when opened in a browser. If you don’t already have Adobe Reader installed, it’s a free download at
http://get.adobe.com/reader/ .
• Course
Completion Checklist – Some FEI courses provide a “Course Completion
Checklist” that enables subscribers to manage their own progress through the
course.
• Study
Guides – FEI may make available to you various study guides that focus your
attention on key points that will aid your comprehension of the course
content.
• Comprehension
Test Questionnaires – Certain courses (such as V-50DD and V-201DD) may
require your completion of comprehension tests as a part of the ongoing
qualification process (e.g., see sections 4.3 and 5.3).
• Other
Resources – At the time of preparation of this Agreement, FEI is developing
and may continue to develop other resources to assist you in your study of the
course content. Such resources may include any of the following:
o
Personal consultations and communications via phone, email, or Internet
conferencing
o Other
proprietary information resources
The
contents of all FEI course materials and communications are covered by a
“proprietary notice” under this Agreement, which means that they are proprietary
in nature and are covered by the applicable content ownership and copyright
terms of section 3.3, and the applicable content use restriction terms of
sections 3.4.1 through 3.4.4. Where such course materials are documents
(including but not limited to PDFs or other documents transmitted
electronically), they may include specific proprietary notices contained in the
body of the document.
To the
extent that your use of such course materials results in your creation of notes,
questionnaire responses, communications, or other content that is uniquely your
own, such content shall remain your intellectual property. You may use any of
that property in any way that is consistent with the terms of this Agreement;
however, you may not use it in any way that constitutes a violation of
any of the proprietary rights of FEI or AJGNET as defined by this Agreement.
Specifically, you may not use it in any way that constitutes a disclosure or
publication as defined in section 3.4.3.
3.5. Purposes of the Courses. The generalized purpose of
FEI courses is to provide individuals with knowledge tools that will equip them
to create constructive, profitable applications of the principles taught in the
courses. That profitability includes financial gain, but also includes
stabilized, durable personal, business, and social relationships that enhance
your long-term security. FEI’s specific intentions regarding the purposes of
courses V-50DD and V-201DD are listed in sections 3.5.1 through 3.5.3.
3.5.1. To assist you, the subscriber, in
expanding your understanding of volitional science in general and primary
property theory in particular (“AJG’s theory”)
3.5.2. To use that improved understanding
in morally (i.e., contractually) applying AJG’s theory
3.5.3. The purpose of the courses is not
to motivate you to take any of the following actions:
• “Get
the theory out there”; as emphasized by AJG in numerous FEI courses, it is not
necessary to reach the masses in order to effect the most durable, constructive
societal changes. The methods by which you can achieve such changes are covered
in the course content.
•
Support or oppose any political party or candidate, or become involved in
political action of any kind
3.6. Licensure. Your tuition covers the
disclosure of the content of the course to you. The tuition does not
cover the authorship, publication rights, or use of these ideas without
appropriate contractual licensure, as specified by primary property theory. Any
usage requires your negotiation of an NRD usage license with the Trust, as
described in Course V-201DD. PLEASE NOTE THAT FEI IS
NOT A LICENSING AGENCY. Proposals for licensed usage must be
submitted directly to the Trust. The Trust will not accept, review, or consider
any proposals for licensed usage from any subscriber who is not a qualified
graduate of an FEI-approved version of Course V-201. Proposals from qualified
V-201 graduates must conform to the specifications for licensed NRD usage
detailed in Course V-201DD. FEI has the exclusive right to make a determination
as to a graduate’s qualifications, and such determination is not subject to
dispute by any current or former FEI student, past associate, course enrollee,
graduate, or subscriber, except as provided by contract with FEI or AJGNET.
3.7. Technical Support. FEI will provide
limited technical support for delivery of the course content to all subscribers
as specified in section 3.9.
3.8. Course Content Support. FEI provides
courses designed for self-education. We provide enough resources within the
course and its supporting materials to enable any truly motivated subscriber to
understand the course content. Nevertheless, we understand that new ideas often
require some assimilation time, and that support from those who already
understand those ideas can greatly accelerate your comprehension. Therefore, FEI
offers course content support to varying degrees depending on the course. For
example, V-50DD and V-201DD have ongoing qualification requirements, and
therefore require more support. Courses like V-111DD do not have such
requirements, and therefore require less support, which typically can be
provided in a single post-course support session. Sections 3.8.1 through 3.8.3
provide additional detail regarding course content support.
3.8.1. Comprehensive Support. We provide
limited “comprehensive” support for the V-50DD and V-201DD course content as
specified in sections 4.3 and 5.3 . Comprehensive
support is included in the tuition for each module of V-50DD and V-201DD.
3.8.2. Advanced Support. In some cases, advanced support
may be available to subscribers who desire more intensive personalized support
to increase their comprehension of the course content, especially those who
intend to develop successful, profitable applications of FEI courses.
The
availability of advanced support depends upon subscriber demand, and the
availability of qualified FEI support associates. Therefore, FEI cannot
guarantee that advanced support will be available to every subscriber. Please
see the FEI website for information about the availability of advanced support,
or send an email inquiry to support@fei-ajg.com .
3.8.3. Support Limitations. FEI will endeavor to provide
support for your comprehension as specified in sections 3.8, 4.3, and 5.3.
However, FEI is not a consulting service for applications development. Please
see sections 4.6 and 5.6 for additional information.
Please
note that FEI does not provide answers to questions that are answered within the
courses themselves. For example, in most cases, questions that you might ask in
V-50DD are either answered later in the course, or are answered in V-111DD,
V-201DD, or in more advanced courses. Under no circumstances do you have any
right under this Agreement to demand that FEI provide you with clarification,
interpretation, revision, or explanation of the course content beyond the scope
of the course materials or the course syllabus.
3.9. Service Interruptions. FEI does not maintain its own
data servers and “Internet pipeline” infrastructure for storage and access to
FEI digital course content. Those services are contracted by FEI to reliable
third parties who meet FEI’s requirements for proprietary security.
Nevertheless, such services are not under FEI’s direct control on a 24/7 basis.
Service interruptions might occur during the subscription period for reasons
beyond FEI’s immediate and direct control. If you are experiencing connection
difficulties you can contact support personnel via an e-mail request to support@fei-ajg.com . In the
event FEI cannot provide you with access to any sessions of the course due to
circumstances beyond its control, FEI will offer you the following options
specified in sections 3.9.1 through 3.9.3, subject to the stipulation in
paragraph 3.9.4 in the event of catastrophic interruption of service. It is your
obligation to specify which one of the three options you prefer.
3.9.1. Refund for Service
Interruptions. FEI will pay
you a pro-rata refund for those sessions of the course not heard by you,
calculated at the per session rate of the subscriber’s tuition divided by the
number of sessions in the course. Your subscription will be canceled by FEI upon
payment of the refund.
3.9.2. Credit for Service
Interruptions. FEI will
credit your customer account for the unheard sessions calculated as specified in
paragraph 3.9.1 (above). You may apply the credit toward the tuition for other
courses, or toward the purchase of other FEI products and services. Your
subscription will be canceled by FEI upon issuance of the credit.
3.9.3. Delay Pending Restoration of
Access. You may delay your continued hearing of the course until such time
as FEI is able to restore access. If the delay before access is restored extends
more than one week, FEI will adjust the default course schedule accordingly. In
this case, FEI will provide you with monthly e-mail updates on the status of
restoration of access. As compensation for the temporary loss of access, FEI
will credit your customer account at the rate of 1% of your tuition per month
(0.0333% per day) of lost access, calculated from the time of lost access to the
time of restored access, rounded to the nearest whole day. You may apply the
credit toward the tuition for other courses, or toward the purchase of other FEI
products and services.
3.9.4. Cancellation Due To Loss of
Services. In the event of a catastrophic loss of infrastructure services due
to acts of war, natural disasters, social upheaval, or other conditions outside
of FEI’s control, FEI reserves the right to cancel the subscriptions of all
subscribers affected by such conditions and refund a pro-rata portion of the
tuition for all course sessions not yet heard by the subscriber. FEI’s right to
cancel such subscriptions supersedes subscriber’s right to select one of the
options in paragraphs 3.9.1 through 3.9.3. In the event such infrastructure
services are restored, FEI may, at its option, restore such canceled
subscriptions upon subscriber’s payment of the same pro-rata portion of the
tuition based on the amount of the full-course tuition at the time of
restoration.
3.10. Inactive Subscriptions. As specified
in the FEI Online Course Manual, any session you’re currently playing will be
available for a two-week period. If you do not complete the session within the
two-week period, the session availability will expire, and your subscription
will become inactive. Within one month after expiration, FEI will send you a
reactivation notice. You may reactivate your subscription at no charge within 30
days of the date of the notice. FEI will send a second notice 30 days after the
first notice. At that point you may reactivate your subscription by paying a
$20.00 reactivation fee within 30 days following the date of the second
notice.
FEI
reserves the right to cancel any subscription that remains inactive for more
than 60 days following the date of the first notice. Such cancellation will not
be subject to refund of your tuition, and shall be subject to the provisions of
paragraph 3.14.4.
3.11. Discontinuation/Cancellation of
Subscription. Either you or FEI may cancel your subscription as specified in
sections 3.11.1 and 3.11.2, respectively. Cancellation of your subscription by
you or by FEI under any provision of this Agreement does not release you from
the proprietary constraints with regard to FEI’s intellectual property as
specified in sections 3.3 through 3.6.
3.11.1. Cancellation by Subscriber. You
may elect to discontinue your enrollment at any time during the course. However,
if you elect to discontinue your enrollment before you have heard every session
of the course, you will void the standard guarantee and forfeit the tuition for
any sessions you have not played. For courses with “step sequence” subscription
plans (for example, V-50DD and V-201DD), discontinuation of your enrollment
before completion of any module will void the guarantee for that module and
forfeit the tuition for any sessions you have not played. (See section
4.5.)
3.11.2. Cancellation by FEI. FEI may
cancel your enrollment at any time if any of the following conditions are
true:
a) You
are in violation of any part of this Agreement.
b) You
make demands upon FEI or any of its staff that exceed the products or services
we are obligated to deliver under this Agreement (see section 2.1)
c) You
satisfy any of the conditions in section 6.2 under “Termination for
Cause”.
If FEI
cancels your enrollment, our decision is final and is not subject to dispute by
you or anyone else on your behalf. We will notify you of the cancellation and
will refund a pro-rata portion of your tuition for any sessions you have not
played in whole or in part, except as stipulated in section 3.10 for inactive
subscriptions.
3.12. System Requirements. It is your obligation to
determine whether your computer or mobile device and Internet connection meet
the minimum system requirements as detailed in the FEI Online Course Manual. The
manual will be available to you via a hyperlink that you will receive from FEI
following receipt of your tuition. Those requirements are also available from
FEI via e-mail request to support@fei-ajg.com .
3.13. Standard Guarantee. FEI guarantees your satisfaction
under the following “standard guarantee”, which applies to all FEI courses
except Courses V-50DD and V-201DD. (Those courses are covered by separate
guarantees in sections 4.5 and 5.5, respectively.)
The
Standard Guarantee: If, after hearing every session of this course in its
entirety, you do not agree that the course was worth your tuition, FEI will
refund your tuition in full, subject to the conditions in sections 3.13.1 and
3.13.2.
3.13.1. If the reason for your
dissatisfaction pertains to the content of the course, you are under no
obligation to state any reason for invoking the guarantee. You may communicate
such reasons to FEI if you wish, but it is not a requirement of the standard
guarantee. This condition is consistent with FEI’s past guarantee policy. For
the purposes of this guarantee, “content” means any of the ideological or
intellectual content. “Content” does not include the duration or format of the
course presentation.
3.13.2. If the reason for your
dissatisfaction pertains to any aspect of the online course other than
its content, FEI respectfully requests that you submit in writing a reasoned
explanation as to why you do not believe you received value commensurate with
the tuition. This condition represents a change from past FEI policy, which
previously did not request any explanation for a customer’s dissatisfaction with
the course. The current policy aims to improve FEI online course delivery
services through our valued customers’ market feedback on aspects of FEI courses
other than their content.
All
refund requests should be submitted via e-mail to support@fei-ajg.com . The
guarantee shall be effective for a period of thirty (30) days following the date
on which you complete the last session of the course.
3.14. Responsibility For Communication. FEI
assumes full responsibility for its obligations to communicate with the
subscriber in fulfillment of all FEI requirements under this Agreement, and we
expect the subscriber to accept the same responsibility for fulfillment of all
subscriber requirements. That responsibility includes the following
communication requirements, as specified in paragraphs 3.14.1 through
3.14.4.
3.14.1. Contact Information. Subscriber
will ensure that FEI has all current contact information necessary to effect
expeditious communications regarding this Agreement.
3.14.2. Method of Communication. All
communications under this Agreement shall be via e-mail unless the subscriber
specifies telephone communication as the preferred method. The use of other
communication methods is subject to mutual agreement between FEI and the
subscriber.
3.14.3. Mail Filters. Subscriber shall
ensure that all spam filters, junk mail filters, or other mail filtering methods
are configured to pass all messages from the fei-ajg.com domain to the
subscriber’s mail inbox.
3.14.4. Notifications and
Acknowledgments. In the case of e-mail communications, all FEI e-mail
messages automatically request a receipt acknowledgment. Likewise, FEI uses a
mail client that supports message-displayed receipt requests. If you do not use
a mail client that supports message-displayed receipts, we will assume that you
have received and displayed all messages we send. If a message from FEI requires
a response or other acknowledgment, we will specify the required acknowledgment
in the message, usually within a specified time frame. If you do not provide the
requested acknowledgment or otherwise respond within the specified time frame,
your subscription in the relevant course(s) shall stand suspended for a period
of 30 days, after which FEI will cancel your subscription unless you have
requested a reactivation as specified in section 3.10. In the event your
subscription is canceled under this paragraph 3.14.4, the continuing obligations
specified or referenced in section 6.1.1 regarding the proprietary rights of
FEI, Licensor, and any other service providers specified or referenced in this
Agreement shall still apply.
3.14.5. Interpretation of This
Agreement. Subscriber assumes full responsibility for communicating with FEI
regarding all matters of interpretation of this Agreement. If you have any
questions regarding the meaning or implementation of any provision or aspect of
this Agreement, please address all such questions to support@fei-ajg.com .
4. ADDITIONAL TERMS APPLICABLE TO COURSE V-50DD
(NOTE:
If you are subscribing to V-201DD, please go to Section 5. If you are not
subscribing to either V-50DD or V-201D, please go to Section 6.)
>For
reasons that are mentioned in V-50DD and covered in depth in V-201DD, certain
contractual terms necessarily apply to the disclosure of the content of those
courses. This Section 4 covers the specific terms applicable to V-50DD
subscribers.
4.1. V-50DD Course Structure and Tuition Schedule.
V-50DD is a 19-session course presented in four modules with a “step sequence”
subscription plan. The sequence is described in section 4.1.1. The tuition
schedule is in section 4.1.2.
4.1.1. Structure of the Course. The
structure of the four V-50DD modules is as follows:
•
Module 1: Sessions 1–3 (7.4 hours)
•
Module 2: Sessions 4–6 (7.9 hours)
•
Module 3: Sessions 7–12, Workshop Session 1 (19.3 hours)
•
Module 4: Sessions 13–16, Workshop Sessions 2 and 3 (15.4 hours)
Advancement
from each module to the next requires payment of the next module’s tuition and
completion of the applicable ongoing qualification requirements (see section
4.3).
4.1.2. Tuition Schedule. All subscribers
pay the full tuition for Module 1. After Module 1, the tuition schedule includes
discounted fees for graduate repeat enrollments (GRE) and additional family
members (AFM) where one family member has paid the full tuition.
|
Full
Tuition |
GRE
|
AFM
|
Module
1: |
$100.00 |
$100.00 |
$100.00 |
Module
2: |
$100.00 |
$50.00 |
$50.00 |
Module
3: |
$200.00 |
$100.00 |
$100.00 |
Module
4: |
$200.00 |
$100.00 |
$100.00 |
4.2. Initial Qualification. The prerequisites
for initial subscription to V-50DD are curiosity, rationality, intellectual
honesty, acceptance of the FEI Online Course Subscription Agreement ("the
Subscription Agreement"), completion of the V-50DD
enrollment form, payment of the Module 1 tuition, and final approval of
your enrollment by FEI.
Most
new enrollments are approved by FEI; however, FEI reserves the right to reject
any enrollments by subscriber candidates whom FEI deems unqualified for
enrollment for any of the causes specified in section 6.2. Such candidates are
disqualified from enrollment in any FEI course.
4.3. Ongoing Qualification. The course content
is sequential; that is, your comprehension of the later content depends on your
understanding of the earlier content. It is neither in your interest nor in
FEI’s interest for any subscriber to misunderstand the course material. We
presume that you wouldn’t be taking the course if you weren’t interested in
understanding it. We can guarantee your satisfaction, but we can’t guarantee
your comprehension.
To
assist subscribers in ensuring their own understanding of the course material,
FEI uses comprehension tests based on the course content. The purpose of the
tests is to help subscribers measure their understanding, and thereby ensure
that they are qualified to advance through the syllabus and curriculum. In that
way subscribers can build their continuing comprehension of the course material
on a more solid foundation.
All
V-50DD subscribers must complete ongoing qualification to advance through the
course, or to advance to subsequent courses with a V-50DD prerequisite. The
ongoing qualification process for V-50DD requires that each subscriber complete
a comprehension test in accordance with the following schedule:
• After
Module 1, as qualification for advancement to Module 2
• After
Module 2, as qualification for advancement to Module 3
• After
Module 3, as qualification for advancement to Module 4
• After
Module 4, as qualification for advancement to any other course with a V-50DD
prerequisite
Each
test must be completed within 15 days following completion of the last session
in the preceding module before you can move on to the next module. For example,
if you complete Module 1 (Session 3) on November 14, you must complete the
corresponding test on or before the following November 29.
FEI
will make the test questions available to subscribers at the beginning of each
module via a download link in the V-50DD Course Completion Checklist. The tests
will be the equivalent of an “open-book test”, wherein the purpose of the test
questions is to check your understanding, not to determine whether you can
memorize individual factoids that require no comprehension of their relevance to
a larger context. We believe that your understanding of the course content and
your recognition of the key concepts will be facilitated by knowing what to look
for in advance.
As an
additional aid in your comprehension of the course content, FEI may make various
study guides available for the course modules. Your use of the study guides is
optional; completing them is not a requirement for advancement through and
beyond the course. Nevertheless, we advise any subscriber who is undertaking a
serious study of the course content to take advantage of the study
guides.
4.3.1. Processing of Comprehension Tests.
Upon receipt of your comprehension test, FEI will endeavor to process each test
as quickly as possible to facilitate your most rapid progression through the
syllabus or curriculum. It is FEI’s intention to process all tests within 15 to
30 days after receiving them; however, the period required for processing will
depend on the number of tests submitted and the available FEI staff resources.
In general, we will process the tests in the order in which we receive
them.
4.3.2. Advancement Per Test Results. The
FEI curriculum is designed as a self-directed course of study. We will not issue
“grades” for the tests. If your test responses indicate a general understanding
of the course material sufficient to qualify for advancement, we will simply
notify you to that effect. No subscriber may advance without FEI’s explicit
written notice of qualification.
4.3.3. Comprehension Test Answers. Some comprehension test
questions are simple queries that provide you with the opportunity to articulate
your comprehension of the concepts in the course, in your own words. There aren't
necessarily any "right" or "wrong" answers to such
questions. Rather, they provide FEI with information about how to guide you
toward a better understanding of the course content, either in a comprehensive
support session (section 4.3.4), or in the post-course review session (section
4.3.5).
Other
questions are designed to query your comprehension of fundamental concepts upon
which much of the remaining course content depends. If you don't understand
those concepts, it's unlikely that you will understand or receive the
maximum value from the remainder of the course, or from subsequent courses for
which it is a prerequisite. As such, those questions do have right and wrong
answers. But be of good cheer; the purpose of those questions is not to "flunk
you" if you answer incorrectly. Because we have designed the questions to
focus on general concepts, it is often the case that there are multiple ways to
answer correctly.
For
that reason, FEI has prepared a version of each module's test that contains
sample answers to the test questions that require concept-specific answers. FEI
does not require perfect comprehension. Some subscribers have to see the
whole puzzle before they can make sense out of the individual pieces and see how
they fit together. The tests are designed as an indicator of your comprehension
of fundamental principles. Unless your test responses indicate that a
comprehensive support session (see section 4.3.4) would be beneficial, we will
simply notify you that you have qualified for advancement per section 4.3.2 with
a Notice of Qualification message that includes a download link for the test
with sample answers. It will be your responsibility to check your own answers
against the sample answers and ensure that you understand any differences in
principle.
If you
have questions about your test answers, or the sample test answers, or any other
questions about the course content, please keep a record of those questions. You
will have an opportunity to discuss them with an FEI support associate in the
post-course review session (see section 4.3.5).
4.3.4. Comprehensive Support Session. In
the event that your test responses indicate that your comprehension of
fundamental principles as described in section 4.3.3 would benefit from
additional clarification, FEI will notify you. You must contact FEI within 15
days following such notification to schedule a comprehensive support session to
discuss the item(s) in question if you wish to qualify for advancement. The
outcome of the support session will determine your qualification for
advancement. FEI reserves the exclusive right to determine each subscriber’s
qualification for advancement, and such determination shall be final and not
subject to dispute by the subscriber. No subscriber may advance without FEI’s
explicit written notice of qualification.
4.3.5. Post-Course Review Session. If you
complete all modules of the course and submit a complete test for each module,
your tuition includes a post-course review session. The purpose of the review
session is to provide you with an opportunity to discuss any questions you have
accumulated about the test questions for each course module, or the course
content in general. It also provides both you and FEI with an opportunity to
confirm your understanding of concepts addressed in test questions to which your
answers indicated you might need additional clarification not provided by the
tests with sample answers.
Additionally,
the conference provides both you and FEI with the opportunity to make the
personal connection that is missing from the online course format, especially if
you have not received comprehensive support up to that point.
4.4. Discontinuation/Cancellation of
Enrollment. You may elect to discontinue your enrollment within the 15-day
period specified in section 4.3.4. If you fail to contact FEI
to schedule a comprehensive support session or to discontinue your enrollment
within the required 15-day period specified in section 4.3.4, we will cancel
your enrollment. You may still invoke the guarantee within the 30-day period
specified under section 4.5. Please note that cancellation of your subscription
by you or by FEI under any provision of this Agreement does not release you from
the proprietary constraints with regard to FEI’s intellectual property as
specified in sections 3.3 through 3.6.
4.5. V-50DD Guarantee. If, after hearing every
session of any module of Course V-50DD in its entirety, you do not agree that
the course content in that module was worth your tuition, FEI will refund your
tuition for that module in full, subject to the conditions in paragraphs 4.5.a)
through 4.5.e).
a) You
must exercise the guarantee by notifying FEI in writing at support@fei-ajg.com within
30 days or one month of your completion of the last session in the most recently
completed module.
b) If
you fail to exercise the guarantee as specified in paragraph 4.5.a), the
guarantee shall be null and void, and you unconditionally release FEI from all
further claims by you in connection with your subscription.
c) Your
payment of the tuition for any subsequent module constitutes a waiver of the
guarantee for the previous module and your de facto agreement that the course
content in the previous module was worth your tuition. In that case, you
unconditionally release FEI from all claims by you in connection with your
subscription to the previous module.
d)
FEI’s payment of the tuition refund for any module automatically cancels your
enrollment in the course and unconditionally releases FEI from all further
claims by you in connection with your subscription.
e)
Cancellation of your enrollment under paragraph 4.5.d) unconditionally releases
FEI from any obligation to accept your enrollment in any other FEI
course.
4.6. V-50DD Support. FEI will provide
technical support for delivery of the course content to all V-50DD subscribers
as specified in sections 3.9 and 3.10. Support for
comprehension of the V-50DD course content is limited to the provisions
specified in sections 4.3 through 4.3.5. It is FEI’s intention to provide
additional support through the FEI website or through other means as the demand
for such support evolves via interaction with V-50DD subscribers. Support for
interpretation for application of the course content is available on an
individual, case-by-case basis for a negotiable consultation fee; however, in
most cases, there is not likely to be a need for application of the V-50DD
course content.
The
reason why that is true is explained in V-50DD, but until subscribers reach that
point in the course, the simplest explanation is that V-50DD provides only an
overview of the problem and the solution, and does not contain enough
information to enable subscribers to understand the problem or the solution in
sufficient depth to make proper applications of the theory. The in-depth
analysis of the problem is contained in Course V-111DD, and the in-depth
description of the solution is contained in Course V-201DD. On that basis, any
request for consultation services for application of the content of V-50DD is
premature.
5. ADDITIONAL TERMS APPLICABLE TO COURSE
V-201DD
(NOTE:
If you are not subscribing to V-201DD, please go to Section 6.)
For
reasons that are mentioned in V-50DD and covered in depth in V-201DD, certain
contractual terms necessarily apply to the disclosure of the content of those
courses. This Section 5 covers the specific terms applicable to V-201DD
subscribers.
5.1. V-201DD Course Structure and Tuition
Schedule. V-201DD is a 46-session course plus three workshop sessions,
presented in three modules with a “step sequence” subscription plan. The sequence is
described in section 5.1.1. The tuition schedule is in
section 5.1.2.
5.1.1. Structure of the Course. The
structure of the three V-201DD modules is as follows:
•
Module 1: Sessions 1-16, Workshop Session 1 (~54 hours)
•
Module 2: Sessions 17-33 (~50 hours)
•
Module 3: Sessions 34-46, Workshop Sessions 2 and 3 (~39 hours)
Advancement
from each module to the next requires payment of the next module’s tuition and
completion of the applicable ongoing qualification requirements (see section
5.3).
5.1.2. Tuition Schedule. The tuition
schedule includes discounted fees for graduate repeat enrollments (GRE) and
additional family members (AFM) where one family member has a full subscription.
|
Full
Tuition |
GRE
|
AFM
|
Module
1: |
$500.00 |
$310.00 |
$310.00 |
Module
2: |
$500.00 |
$310.00 |
$310.00 |
Module
3: |
$500.00 |
$310.00 |
$310.00 |
5.2. Initial Qualification. Prospective
V-201DD subscribers must qualify for enrollment by fulfilling the following
course prerequisites:
•
Successful completion of V-50DD
•
Successful completion of V-111DD
In some
cases the V-50DD or V-111DD prerequisites may be waived by FEI for individuals
who have completed earlier versions (live or tape course presentations) of V-50,
V-111, and V-201, and have consistently demonstrated by their behavior an
ability to apply the principles of the theory to their interactions with others.
However,
in all cases, qualification for enrollment in V-201DD shall be dependent upon
subscribers’ comprehension of the prerequisite course material, as determined
solely and exclusively by FEI. Additionally, FEI reserves the right to reject
any enrollments by subscriber candidates whom FEI deems unsuitable for
enrollment for any of the causes specified in section 6.2. Such candidates are
disqualified from enrollment in any FEI course.
5.3. Ongoing Qualification. The ongoing
qualification process for V-201DD is similar to V-50DD (see section 4.3) in its
use of comprehension tests to assist subscribers in ensuring their understanding
of the course material. The test for each module will be available to
subscribers at the beginning of the module for your use as a guide in focusing
your comprehension as you play the course.
Each
subscriber will complete three comprehension tests at the following points in
the course:
• After
Module 1, as qualification for advancement to Module 2
• After
Module 2, as qualification for advancement to Module 3
• After
Module 3, as qualification for advancement to any other course with a V-201DD
prerequisite
Each
test must be completed within 15 days following completion of the last session
in the preceding module before you can move on to the next module. For example,
if you complete Module 1 (Workshop Session 1) on July 14, you must complete the
corresponding test on or before the following July 29.
5.3.1. Processing of Comprehension Tests.
Upon receipt of your comprehension test, FEI will endeavor to process each test
as quickly as possible to facilitate your most rapid progression through the
syllabus or curriculum. It is FEI’s intention to process all tests within 15 to
30 days after receiving them; however, the period required for processing will
depend on the number of tests submitted and the available FEI staff resources.
In general, we will process the tests in the order in which we receive
them.
5.3.2. Advancement Per Test Results. The
FEI curriculum is designed as a self-directed course of study. We will not issue
“grades” for the tests. If your test responses indicate a general understanding
of the course material sufficient to qualify for advancement, we will simply
notify you to that effect. No subscriber may advance without FEI’s explicit
written notice of qualification.
5.3.3. Comprehension Test Answers. Some comprehension test
questions are simple queries that provide you with the opportunity to articulate
your comprehension of the concepts in the course, in your own words. There aren't
necessarily any "right" or "wrong" answers to such
questions. Rather, they provide FEI with information about how to guide you
toward a better understanding of the course content, either in a comprehensive
support session (section 5.3.4), or in the post-course review session (section
5.3.5).
Other
questions are designed to query your comprehension of fundamental concepts upon
which much of the remaining course content depends. If you don't understand
those concepts, it's unlikely that you will understand or receive the
maximum value from the remainder of the course, or from subsequent courses for
which it is a prerequisite. As such, those questions do have right and wrong
answers. But be of good cheer; the purpose of those questions is not to "flunk
you" if you answer incorrectly. Because we have designed the questions to
focus on general concepts, it is often the case that there are multiple ways to
answer correctly.
For
that reason, FEI has prepared a version of each module's test that contains
sample answers to the test questions that require concept-specific answers. FEI
does not require perfect comprehension. Some subscribers have to see the
whole puzzle before they can make sense out of the individual pieces, and see
how they fit together. The tests are designed as an indicator of your
comprehension of fundamental principles. Unless your test responses indicate
that a comprehensive support session (see section 5.3.4) would be beneficial, we
will simply notify you that have qualified for advancement per section 5.3.2
with a Notice of Qualification message that includes a download link for the
test with sample answers. It will be your responsibility to check your own
answers against the sample answers and ensure that you understand any
differences in principle.
If you
have questions about your test answers, or the sample test answers, or any other
questions about the course content, please keep a record of those questions. You
will have an opportunity to discuss them with an FEI support associate in the
post-course review session (see section 5.3.5).
5.3.4. Comprehensive Support Session. In
the event that your test responses indicate unsatisfactory comprehension of
fundamental principles as described in section 5.3.3, FEI will notify you. You
must contact FEI within 30 days following such notification to schedule a
comprehensive support session to discuss the item(s) in question if you wish to
qualify for advancement. The outcome of the support session will determine your
qualification for advancement. FEI reserves the exclusive right to determine
each subscriber’s qualification for advancement, and such determination shall be
final and not subject to dispute by the subscriber. No subscriber may advance
without FEI’s explicit written notice of qualification.
5.3.5. Post-Course Review Session. If you
complete all modules of the course and submit a complete test for each module,
your tuition includes a post-course review session. The purpose of the review
session is to provide you with an opportunity to discuss any questions you have
accumulated about the test questions for each course module, or the course
content in general. It also provides both you and FEI with an opportunity to
confirm your understanding of concepts addressed in test questions to which your
answers indicated you might need additional clarification not provided by the
tests with sample answers.
Additionally,
the conference provides both you and FEI with the opportunity to make the
personal connection that is missing from the online course format, especially if
you have not received comprehensive support up to that point.
5.4. Discontinuation/Cancellation of
Enrollment. You may elect to discontinue your enrollment within the 30-day
period specified in section 5.3.4, in which case that same 30-day period shall
constitute the 30-day period in which to invoke the guarantee, as specified
under section 5.5. If you fail
to contact FEI to schedule a comprehensive support session or to discontinue
your enrollment within the required 30-day period specified in section 5.3.4, we
will cancel your enrollment. You may still invoke the guarantee within that same
30-day period, as specified under section 5.5. Please note that cancellation of
your subscription by you or by FEI under any provision of this Agreement does
not release you from the proprietary constraints with regard to FEI’s
intellectual property as specified in sections 3.3 through 3.6.
5.5. V-201DD Guarantee. If, after hearing
every session of any module of Course V-50DD in its entirety, you do not agree
that the course content in that module was worth your tuition, FEI will refund
your tuition for that module in full, subject to the conditions in sections
5.5.a) through 5.5.e).
a) You
must exercise the guarantee by notifying FEI in writing at support@fei-ajg.com within
30 days of your completion of the last session in the most recently completed
module, or within any of the 30-day periods specified in sections 5.3.1, 5.3.4,
or 5.4 if you choose to exercise the guarantee during the test remediation
process specified in those sections.
b) If
you fail to exercise the guarantee as specified in section 5.5.a), the guarantee
shall be null and void, and you unconditionally release FEI from all further
claims by you in connection with your subscription.
c) Your
payment of the tuition for any subsequent module constitutes a waiver of the
guarantee for the previous module and your de facto agreement that the course
content in the previous module was worth your tuition. In that case, you
unconditionally release FEI from all claims by you in connection with your
subscription to the previous module.
d)
FEI’s payment of the tuition refund for any module automatically cancels your
enrollment in the course and unconditionally releases FEI from all further
claims by you in connection with your subscription.
e)
Cancellation of your enrollment under paragraph 5.5.d) unconditionally releases
FEI from any obligation to accept your enrollment in any other FEI
course.
5.6. V-201DD Support. FEI will provide
technical support for delivery of the course content to all V-201DD subscribers
as specified in sections 3.9 and 3.10. Support for comprehension of the course
content is limited to the provisions specified in sections 5.3 through 5.3.5. It
is FEI’s intention to provide additional support through the FEI website or
through other means as the demand for such support
evolves via interaction with V-201DD subscribers. Support for interpretation and
application of the course content is available on an individual, case-by-case
basis for a negotiable consultation fee.
5.7. V-201DD Proprietary Notice. In addition
to the proprietary terms specified in sections 3.4 through 3.6, Course V-201DD
carries its own “proprietary notice” terms, which are covered in Module 1,
Session 3A of the course, and are included here for reference as follows:
“A
number of new and revolutionary concepts of business corporation structures,
operational procedures, accounting procedures, and new types of business with
entirely new purposes are disclosed in course V-201.
“It is
understood that these are being disclosed to the enrolled members of the class
for the express purpose of encouraging the practical utilization of these ideas
as soon as possible.
“However,
because these new concepts represent proprietary innovations of the author of
the course, they are subject to negotiated usage* by satisfactory graduates of
the course.”
*NOTE:
The term “negotiated usage” refers to the requirement for NRD licensed usage as
specified in section 3.6. The term “satisfactory graduates” means those who, in
the sole opinion of FEI, are qualified to contract for usage.
6. TERM AND TERMINATION.
6.1. Term.
This Agreement and the License granted under this Agreement become effective
when you agree to this Agreement by clicking on the “I AGREE” button below, or
on the “I AGREE” option when it is presented by the FEI Video Portal. Unless sooner terminated as
set forth in Section 6.2 below, the Agreement shall continue in effect
throughout the period of your paid subscription, except as stipulated in
paragraphs 6.1.1 through 6.1.3.
6.1.1. Term of Software and Content Use
Provisions. The provisions that pertain to your use of the software and
content and the associated copyright, ownership and licensure rights, as
specified in sections 3.1 through 3.6, shall apply as an irrevocable condition,
irrespective of the term, termination, or cancellation of your
subscription.
6.1.2. Term of Guarantee. The term of this Agreement
specified in section 6.1 shall not include any guarantee period specified or
referenced in section 3.13.
6.1.3. Extension by Agreement. The term of this Agreement may
be extended by FEI under certain circumstances that FEI may specify at its sole
option, provided such extension shall work to the mutual benefit of FEI and
subscriber.
6.2. Termination for Cause. This software License will
terminate automatically if you fail to comply with any of the terms of this
Agreement, including but not limited to, payment of any amounts due under this
Agreement. Additional terms governing FEI’s termination of your course
subscription for cause are specified in sections 6.2.1 and 6.2.2.
6.2.1.FEI reserves the right to terminate
the subscription of any subscriber or reject the enrollment of any prospective
subscriber (where applicable) for any of the following causes:
a)
Violation of any of the provisions in sections 3.4, 3.5.3, or 3.6, or violation
of any of the proprietary rights of FEI specified, covered, referenced, or
implied in those sections
b)
Violation of any of the other terms of this Agreement
c) Any
action by subscriber that FEI, in its sole judgment, deems to be hostile,
antagonistic, provocative, uncooperative, slanderous, libelous, defamatory, or
that interferes with property
d) Any
case wherein subscriber knowingly or unknowingly makes false statements
(especially about FEI or AJGNET) in public or in private, violates any law,
breaches any uncoerced agreement, or exceeds the authority or rights of
subscriber as defined by this Agreement
e) Any
action by subscriber that imposes demands upon FEI for correspondence or
communication with subscriber in matters not related to the delivery of an
online course or the administration of subscriber’s online course subscription;
such demands include but are not limited to correspondence or communication with
subscriber regarding changes in the course content, format, or
configuration.
f) Any
direct, indirect, or implied threat against FEI or any of its staff or other
subscribers, as interpreted solely by FEI
g) Any
case wherein subscriber has purchased, promoted, or otherwise provided market
support for any unauthorized disclosure of AJG’s ideas, whether printed, oral,
electronic, audio-visual, or by any other means of publication or disclosure
without the explicit authorization of FEI or AJGNET
h) Any
actions by subscriber that constitute violations of any of the principles
contained in any portion of any version of Courses V-50 or V-201 or their
predecessor courses that FEI or AJG has disclosed to subscriber, irrespective of
the method, format, or time of disclosure
NOTE: The principles referenced in paragraph 6.2.1.h are fundamental statements of the same principles that underlie the proprietary terms already stated in this Agreement. However, FEI does not expect any subscriber to agree to comply with principles he/she has not yet heard. Therefore, paragraph 6.2.1.h) applies specifically to actions by subscribers who have received disclosure of those principles.
6.2.2.In the event of termination for
cause:
a) FEI
will refund any pro-rata portion of the tuition paid for sessions of the course
not yet played in whole or in part by subscriber.
b)
Subscriber will forfeit any right to invoke any applicable guarantee for
sessions already heard by subscriber.
c)
FEI’s payment of the refund shall constitute a full release of FEI from all
claims by subscriber under this Agreement, independent of the concurrence of
subscriber at the time of termination.
d)
Termination for cause by FEI under any provision of this Agreement does not
release subscriber from the proprietary constraints with regard to FEI’s
intellectual property as specified in sections 3.3 through 3.6.
6.3. Rights on Termination. Licensor has and reserves all
rights and remedies that it has by operation of law or otherwise to enjoin the
unlawful or unauthorized use of the Software, including the withholding of
access codes necessary to operate the Software upon termination of this
Agreement. On termination, you
must cease using the Software, and promptly destroy all copies in your
possession.
7. WARRANTIES, DISCLAIMER, AND LIMITATIONS.
7.1. Warranty. FEI warrants that it is licensed
by AJGNET and has the right to be a party to this Agreement without violating
the rights of any third party. Any media (online video course content) delivered
in connection with this Agreement is warranted to be approved as authentic by
AJGNET, who is the sole intellectual property owner of the course content,
except as otherwise specified in the end credits for each course session.
7.2. Disclaimer. Notwithstanding the warranties
stated in paragraph 7.1, the course content is provided “as-is” and without any
other warranties of any kind, express or implied, oral or written, including,
without limitation: (a) any warranty that the content or its online video player
are error-free, will operate without interruption, or is compatible with all
equipment and software configurations; (B) any and all implied warranties of
merchantability; (c) any and all warranties of fitness for a particular purpose;
(d) any and all warranties of noninfringement.
7.3. Limitation of Liability. To the maximum extent allowed by
law, neither FEI nor AJGNET are liable for any indirect, incidental, special, or
consequential damages for your use of the FEI Video Portal or its content,
including the loss of profits, revenue, data, illusions, delusions, prejudices,
sanity, superstitions, belief in political or religious myths or propaganda,
whether such loss is incurred by you or by any third party, whether in an action
in contract or tort based on a warranty, even if FEI/AJGNET or any other person
or entity has been advised of the possibility of such damages. FEI’s liability
for damages under this Agreement shall not exceed the amounts actually paid by
you to FEI under this Agreement.
8. [Reserved For Future Content.]
9. DISPUTES. All disputes under this Agreement
shall be subject to resolution via binding arbitration pursuant to the rules of
the American Arbitration Association.
10. MISCELLANEOUS.
10.1. Complete Agreement. This Agreement
represents the complete agreement between the parties concerning the online
course subscriptions it covers, and supersedes any and all prior agreements or
representations.
10.2. Amendments. This Agreement may be
amended by FEI at its sole discretion without consulting you; however, you shall
not be bound by any proposed amendments unless you agree to the amended
Agreement in full. If you do not agree, you must notify FEI in writing before
you login to your user account and play any portion of any session of any course
in which you are enrolled under the amended Agreement. In that case, FEI will
cancel your subscription and refund a pro-rata portion of the tuition for any
sessions you have not played in whole or in part for any course(s) in which you
are enrolled. FEI’s payment of the refund unconditionally releases FEI from all
further claims by you in connection with your subscription.
10.3. Acceptance. If you already have paid
your tuition before accepting this Agreement and before playing any session of
any course and if, after reading this Agreement you do not accept it, then FEI
will cancel your enrollment and refund your tuition in full.
10.4. Enforceability. As taught in Courses
V-50 and V-201, “contract enforcement” is an oxymoronic term in rational and
moral systems of volitional interaction; however, the state imposes its own
jurisdictional imperatives that private contracts have only limited ability to
supersede. Therefore, the Agreement must accommodate certain state requirements
as to its “enforceability”. If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be reformed only to the
extent necessary to make it enforceable.
This Agreement shall be governed by and construed under California law as if
this agreement had been entered into between California residents and fully
performed within California.
10.5. Transfer of Rights and Obligations.
You may not assign, sublicense, or transfer your rights or delegate your
obligations under this Agreement without Licensor’s and FEI’s prior written
consent. This Agreement shall
be binding upon the successors and assigns of the parties to this
Agreement. Nothing in this
Agreement shall be deemed to create an employer-employee, principal-agent,
partnership, or joint venture relationship.
Neither party shall have the authority to enter into any contracts on behalf of
the other party. In the event
of any dispute between the parties arising out of this Agreement, the prevailing
party shall be entitled, in addition to any other rights and remedies it may
have, to recover its reasonable attorney’s fees and costs.
11. AGREEMENT.
By clicking on the “I AGREE” option below, you agree to the above terms.
|