ONLINE COURSE ENROLLMENT AGREEMENT

These Terms of Use govern your use of and access to the Ebers School of Aromatherapy  Sites. By accessing or using the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, or by otherwise accepting these Terms of Use, you agree to these Terms of Use. If you violate or do not agree to these Terms of Use, your access to and use of the Ebers School Of Aromatherapy – Ebers consulting LLC Sites is unauthorized.

In these Terms of Use:

• When we say “Ebers School Of Aromatherapy – Ebers consulting LLC ”, we mean Ebers School Of Aromatherapy – Ebers consulting LLC , LLC. and any subsidiaries and affiliates of Ebers School Of Aromatherapy – Ebers consulting LLC (including any that Ebers School Of Aromatherapy – Ebers consulting LLC may form or acquire in the future). We also refer to Ebers School Of Aromatherapy – Ebers consulting LLC as ‘we’, ‘us’, and ‘our’.
• When we say “Ebers School Of Aromatherapy – Ebers consulting LLC Sites”, we mean ebersaromaschool.com , and all related services, content, functionality, and transactions offered by Ebers School Of Aromatherapy – Ebers consulting LLC on or through www.ebersaromaschool.com
• When we say “you” or “your” we mean users of the Ebers School Of Aromatherapy – Ebers consulting LLC Sites.
• When we say “Terms of Use”, we mean these Terms of Use and all other terms and policies on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites.

IMPORTANT: BY USING THE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC SITES, YOU AGREE TO RESOLVE ANY DISPUTE WITH EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC THROUGH BINDING ARBITRATION, NOT IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS. CERTAIN EXCEPTIONS AND WAIVERS ARE DETAILED IN SECTION 15.

While all of these Terms of Use contain important points, please note the warranty disclaimers and limitations on Ebers School Of Aromatherapy – Ebers consulting LLC ’s liability explained in sections 10 and 11 in particular.

We’ll continue to update these Terms of Use over time as we explain in section 16.

1. Account Registration

To make a purchase on ebersaromaschool.com, you must register for an account here. You must be at least 18 years old to register for an account.. You agree that all of your registration information will be true and complete, and you will keep your account information current and up-to-date. You agree to keep your ebersaromaschool.com username and password confidential, and to access the Ebers School Of Aromatherapy – Ebers consulting LLC Sites from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms of Use. You will be responsible for all purchases made, and anything else that occurs, through your account. Please notify us immediately of any suspected unauthorized activity on your account by sending an email to info@localhost.

2. Placing an Order on Ebers School Of Aromatherapy – Ebers consulting LLC

 By my checkmark next to “I accept” terms and conditions, also referred to here as the Enrollment Agreement, when I subscribe, I understand fully in respect to online classes, the tuition is fully non-refundable.

(1) Online course subscription plans are offered as a convenience for the student, however, please note when you sign up you are agreeing to pay in full for the course. You must complete your payment plan in order to be qualified to receive a certificate of completion (in addition to other course requirements such as quizzes, homework assignments, and case studies).

(2) Refunds for online programs are available with 24 hours of registration or prior to login to the program, once logged in and have access no refunds will be available.

Due to Covid 19 Pandemic courses and workshops can be postponed and will communicate this via official email

(3) All supplies required to perform case studies and complete classroom assignments is at the additional expense of the student, but is not required for your enrollment. Additional supplies is the responsibility of the student.

(4) A certificate of completion for the hours studied will be granted only to students who complete the full payment, all coursework activities, case studies, research paper, and pass the quizzes throughout the course.

Pricing errors, out-of-stock and other errors occasionally occur on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites. We reserve the right to cancel any orders containing pricing errors Should this happen with your order, we’re very sorry for the inconvenience. Please contact us so we can try to figure out what happened and do our best to make sure it doesn’t happen again. In addition, if any item you request becomes unavailable on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, we may cancel your order.

Taxes

Items sold on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites may be subject to tax. Prior to submitting your purchase request, you will see an estimate of the tax to be collected on your order. This tax amount will depend on various factors, including the items purchased, the shipment destination, and the identity of the seller(s). Any applicable tax will be applied to the item price you pay for taxable items, less any savings amounts.

Title and Risk of Loss

Title to the items purchased by you on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites (and the related risk of loss on these items) passes to you upon delivery of the items to the common carrier used by Ebers School Of Aromatherapy – Ebers consulting LLC .

Returns and Refunds

Refunds for online programs are available with 24 hours of registration or prior to login to the program, once logged in and have access no refunds will be available.

Credits

Your account may contain Credits which can be used for payment of an eligible purchase made on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites.

Ebers School Of Aromatherapy – Ebers consulting LLC is committed to providing all participants in Ebers School Of Aromatherapy – Ebers consulting LLC a positive experience

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Please note, the International Federation of Aromatherapists do not recommend that Essential Oils be taken internally unless under the supervision of a Medical Doctor who is also qualified in clinical Aromatherapy.

The information on the Ebers School of Aromatherapy Website is obtained from current and reliable sources but makes no representation as to its comprehensiveness or accuracy. Nothing contained herein should be considered as a recommendation by Ebers School of Aromatherapy as to the fitness for any use. As the ordinary or otherwise use(s) of this product is outside the control of Ebers School of Aromatherapy, no representation or warranty, expressed or implied is made as to the effect(s) of such use(s) (including damage or injury), or the results obtained.

The liability of Ebers School of Aromatherapy is limited to the value of the goods and does not include any consequential loss. Ebers School of Aromatherapy shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

The user of the product is solely responsible for compliance with all laws and regulations applying to the use of the products, including intellectual property rights of third parties.

All information, content and product descriptions are for reference and educational purposes and is not intended to substitute advice given by a pharmacist, physician, or other licensed health-care professional. Information and statements regarding Ebers School of Aromatherapy products have not been evaluated by the FDA and are not intended to diagnose, treat, cure, or prevent any health condition or disease.

If you find an error or notice something that doesn’t look right on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, we would appreciate it if you let us know by contacting us at info@localhost. Your feedback is a big part of what makes Ebers School Of Aromatherapy – Ebers consulting LLC better.

Special provision for drugs, medical products, foods or drinks with potential or actual beneficial qualities, fitness claims, and alternative medicine: No information on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, including, without limitation, health, medical, wellness, fitness, prescription, and pharmaceutical information, is a substitute for the diagnosis, treatment, or advice of your medical professional. The Ebers School Of Aromatherapy – Ebers consulting LLC Sites do not include all information regarding precautions, dosage information, side effects, or interactions, and should not be understood to indicate that any drug or other product is safe for you. You must consult the actual product information included with the product (including package inserts). The Food and Drug Administration has not evaluated the information relating to dietary supplements. We recommend that you speak with your medical professional for guidance before using any drug or any other product relating to health, medicine, wellness or fitness.

4. Privacy

You consent to the collection, use, disclosure and other handling of information as described in our Privacy Notice, which may be updated from time to time. You consent to our monitoring and recording of telephone calls, emails, and texts (and other forms of communications) between you and us, no matter who initiates the communication.

5. Use of Materials on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites

All content on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation), is owned by Ebers School Of Aromatherapy – Ebers consulting LLC or its licensors, and may be protected by copyright, trademark, and other applicable laws.

Your access to and use of the Ebers School Of Aromatherapy – Ebers consulting LLC Sites does not grant you any license or right to use any trademark, logo, or service mark displayed on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites. Ebers School Of Aromatherapy – Ebers consulting LLC , or its licensors retain full and complete title to and reserve all rights in the material on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, including all associated intellectual property rights. Ebers School Of Aromatherapy – Ebers consulting LLC neither warrants nor represents that your use of materials on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites will not infringe rights of third parties.

You may access the Ebers School Of Aromatherapy – Ebers consulting LLC Sites only for your personal and non-commercial use, and you may not modify or delete any copyright, trademark or other proprietary notice relating to the material you access.

Any other use of the material on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, including, without limitation, the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, or use of the Ebers School Of Aromatherapy – Ebers consulting LLC Sites for purposes competitive with Ebers School Of Aromatherapy – Ebers consulting LLC , or for other commercial purposes, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites as they may be updated from time to time for more additional information on lessons and activities .

6. Materials You Submit

You acknowledge that you are responsible for all materials you submit to Ebers School Of Aromatherapy – Ebers consulting LLC via the Ebers School Of Aromatherapy – Ebers consulting LLC Sites or other electronic communications (including through any part of the Ebers School Of Aromatherapy – Ebers consulting LLC Sites administered by third parties like Facebook, Instagram, other social media platforms and the tools that allow you to interact with the Ebers School Of Aromatherapy – Ebers consulting LLC Sites through these social media platforms). This means you are responsible for the legality, accuracy, appropriateness, originality, and copyright of any such material you submit.

Unless we indicate otherwise, if you submit any material to us you  grant Ebers School Of Aromatherapy – Ebers consulting LLC the right to use the name you submit in connection with such material if we choose. You represent and warrant that you own or otherwise control in perpetuity all the rights to the content you submit, that such content is accurate, and that use of such content will not violate any law or these Terms of Use.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Ebers School Of Aromatherapy – Ebers consulting LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Ebers School Of Aromatherapy – Ebers consulting LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Ebers School Of Aromatherapy – Ebers consulting LLC and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Ebers School Of Aromatherapy – Ebers consulting LLC for all claims resulting from content you supply. Ebers School Of Aromatherapy – Ebers consulting LLC has the right but not the obligation to monitor and edit or remove any activity or content. Ebers School Of Aromatherapy – Ebers consulting LLC takes no responsibility and assumes no liability for any content posted by you or any third party.

You agree not to submit content that:

• infringes or violates anyone else’s patent, copyright, trademark, trade secret, rights of publicity or privacy, or other intellectual property rights;
• is illegal or encourages illegal activities or any breach or violation of a right (including a contractual right) held by a third party;
• is fraudulent, false, misleading, or deceptive;
• is defamatory, obscene, pornographic, vulgar, or offensive;
• promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
• is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
• has a commercial purpose;
• is intended to cause harm, damage, disable, or otherwise interfere with the Ebers School Of Aromatherapy – Ebers consulting LLC Sites or our partners;
• or can be considered a third party’s private or confidential information.

7. Restrictions on Access and Use

When accessing and using the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, you agree:

You will not do any of these these things:

• Violate any law, rule, regulation, or these Terms of Use;
• Engage in conduct that is fraudulent or otherwise harmful to Ebers School Of Aromatherapy – Evers consulting LLC , our partners, or any other user;
• Display to others, mirror, or frame the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, or any component of the Ebers School Of Aromatherapy – Ebers consulting LLC Sites;
• Access the Ebers School Of Aromatherapy – Ebers consulting LLC Sites if we have prohibited you from such access;
• Circumvent any rules or terms set forth on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites including those relating to any promotion, contest or program on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites;

You will not do any of these things:

• Access, tamper with, or use non-public areas of the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, Ebers School Of Aromatherapy – Evers consulting LLC ’s computer systems, or the technical delivery systems of Ebers School Of Aromatherapy – Ebers consulting LLC or Ebers School Of Aromatherapy – Evers consulting LLC ’s providers;
• Probe, scan, or test the vulnerability of any Ebers School Of Aromatherapy – Ebers consulting LLC Sites or breach any security or authentication measures;
• Interfere with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Ebers School Of Aromatherapy – Ebers consulting LLC Sites;
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure intended to protect, limit access to, or control the Ebers School Of Aromatherapy – Ebers consulting LLC Sites;
• Decipher, decompile, disassemble, or reverse engineer any of the software used on or in connection with the Ebers School Of Aromatherapy – Ebers consulting LLC Sites;
• Collect any personally identifiable information from users of the Ebers School Of Aromatherapy – Ebers consulting LLC Sites or use any such information found on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites;
• Use a third party’s credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or affiliation with any person or entity;
• Use the Ebers School Of Aromatherapy – Ebers consulting LLC Sites to determine whether a third party holds any type of account, or to learn about or verify information about the account that is not yours;

You will not use Ebers School Of Aromatherapy – Ebers consulting LLC Sites or Ebers School Of Aromatherapy – Ebers consulting LLC ’s name, logo, brand or identity to do any of these things:

• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a Ebers School Of Aromatherapy – Ebers consulting LLC trademark, logo, URL, or product name without Ebers School Of Aromatherapy – Evers consulting LLC ’s express written consent;

And, you will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list of bulleted items, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

You agree not to, directly or indirectly (e.g., through a third party), attempt to access, search, or otherwise use the Ebers School Of Aromatherapy – Ebers consulting LLC Sites (such as by attempting to retrieve information from or about the Ebers School Of Aromatherapy – Ebers consulting LLC Sites) through the use of any engine, software, tool, agent, device, or mechanism (including, without limitation, spiders, robots, crawlers and data mining tools) other than generally available third-party web browsers that (1) provide accurate and complete User-Agent information in the HTTP header, such as Safari, Firefox, Chrome, and Internet Explorer and (2) have not been modified with plugins or otherwise in a manner that facilitates automated or faster-than-normal access to, searching of, or other use of the Ebers School Of Aromatherapy – Ebers consulting LLC Sites. You also agree not to disregard our robots.txt files (but in the event of a conflict between these Terms of Use and a Ebers School Of Aromatherapy – Ebers consulting LLC Site’s robots.txt file, the more restrictive of the two shall apply.)

If you attempt to access, search, or otherwise use the Ebers School Of Aromatherapy – Ebers consulting LLC Sites in any way other than through a generally available third-party web browser meeting the conditions described above, or if you disregard our robots.txt files, you agree that such action shall constitute your permanent consent and authorization for Ebers School Of Aromatherapy – Ebers consulting LLC to immediately and without notice to you, access, search, retrieve information from or about, or otherwise use, any websites that you or your affiliates own, operate, or control, through any engine, software, tool, agent, device, or mechanism that Ebers School Of Aromatherapy – Ebers consulting LLC considers appropriate, including, without limitation, spiders, robots, crawlers and data mining tools, regardless of any statement on such websites (or in their terms of use, terms of service, robots.txt files, or the like) to the contrary, either directly or indirectly (e.g., through a third party).

If you are accessing the Ebers School Of Aromatherapy – Ebers consulting LLC Sites as an employee or agent, you acknowledge that you are extending the permanent consent and authorization described above on behalf of your employer or principal, and you represent that you have authority from that employer or principal to do so.

If you are accessing the Ebers School Of Aromatherapy – Ebers consulting LLC Sites as an employer or principal, you authorize your employee or agent to extend on your behalf the permanent consent and authorization described above, and you acknowledge that your permanent consent and authorization will bind all of your employees and agents.

8. Notice of Copyright Infringement

Ebers School Of Aromatherapy – Ebers consulting LLC has reserved the right, in its sole discretion, to terminate the accounts of users of the Ebers School Of Aromatherapy – Ebers consulting LLC Sites who infringe on copyrights of Ebers School Of Aromatherapy – Ebers consulting LLC or others. Ebers School Of Aromatherapy – Ebers consulting LLC has designated an agent to receive notices of claimed copyright infringement relating to the Ebers School Of Aromatherapy – Ebers consulting LLC Sites under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). If you believe that your copyright, or the copyright of a person on whose behalf you are authorized to act, has been infringed, you must send a written notice to Ebers School Of Aromatherapy – Ebers consulting LLC containing the following information:

• A physical or electronic signature of the owner of, or a person authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Contact information for the notifying party, including name, address, telephone number, and email address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.

You must submit your written notice containing the above information by fax, email, or postal to the following Designated Agent:

Ebers School Of Aromatherapy – Ebers consulting LLC .com Copyright Agent Email info@localhost

9. Communications Decency Act Notice

Commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material on the Internet that is harmful to minors. Current providers of such protections include McAfee and Symantec, as well as others available from this Google search. Please note that we did not create these parental control tools, and we have not tested or evaluated them. Your use of these tools on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites is at your sole risk. You should not assume that these or any other third-party parental control protections will work on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites.

10. DISCLAIMER OF WARRANTIES

This section 10 of these Terms of Use is important because Ebers School Of Aromatherapy – Ebers consulting LLC disclaims certain warranties and liabilities. You understand this agreement means Ebers School Of Aromatherapy – Ebers consulting LLC will not assume responsibility for many items.

THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THIS AGREEMENT.

THE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC SITES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC SITES ARE PROVIDED SOLELY ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, AND THEREFORE YOUR USE OF THE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC SITES IS AT YOUR RISK.

WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION:

• THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
• ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING;
• THAT ACCESS TO THE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC SITES WILL BE UNINTERRUPTED OR ERROR-FREE;
• THAT THE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC SITES WILL BE SECURE;
• THAT THE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC SITES OR THE SERVERS THAT MAKE THE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC SITES AVAILABLE WILL BE VIRUS-FREE; AND
• THAT COMMUNICATIONS SENT FROM THE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC SITES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC SITES AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC SITES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “NEW JERSEY LAW APPLIES” SECTION OF THESE TERMS OF USE (SEE SECTION 13), THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

11. LIMITATION OF LIABILITY

This section 11 of these Terms of Use is also important because Ebers School Of Aromatherapy – Ebers consulting LLC limits many of its liabilities.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EBERS SCHOOL OF AROMATHERAPY – EVERS CONSULTING LLC , EBERS SCHOOL OF AROMATHERAPY – EVERS CONSULTING LLC ’S EMPLOYEES, BOARD OF DIRECTORS, OR INVESTORS, NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR, OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO:

• THE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC SITES;
• ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US;
• ANY DELAY ON OR INABILITY TO USE THE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC SITES OR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC SITES;
• EBERS SCHOOL OF AROMATHERAPY – EVERS CONSULTING LLC ’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC SITES, OR;
• OTHERWISE ARISING OUT OF YOUR USE OF THE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC SITES;

IN EACH CASE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF EBERS SCHOOL OF AROMATHERAPY – EVERS CONSULTING LLC , ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC SITES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “NEW JERSEY LAW APPLIES” SECTION OF THESE TERMS OF USE (SEE SECTION 13), THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. UNDER THE LAW IN NEW JERSEY WHERE EBERS SCHOOL OF AROMATHERAPY – EBERS CONSULTING LLC IS BASED, THIS SECTION 11 DOES NOT APPLY TO PREVENT A RIGHT TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES) WHERE A HARMED PERSON PROVES WITH THE REQUIRED EVIDENCE THAT THE HARM SUFFERED WAS THE RESULT OF THE DEFENDANT’S “ACTS OR OMISSIONS AND SUCH ACTS OR OMISSIONS WERE ACTUATED BY ACTUAL MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED BY THOSE ACTS OR OMISSIONS.” (NEW JERSEY STATUTE 2A:15-5.12). SIMILARLY, THIS SECTION 11 DOES NOT LIMIT EBERS SCHOOL OF AROMATHERAPY – EVERS CONSULTING LLC ’S TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM EBERS SCHOOL OF AROMATHERAPY – EVERS CONSULTING LLC ’S OWN INTENTIONAL OR RECKLESS CONDUCT.

12. Indemnification

You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Ebers School Of Aromatherapy – Ebers consulting LLC and its subsidiaries and affiliates, and as to each, their officers, directors, employees, contractors, agents, licensors, service or third party providers, subcontractors, and suppliers, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to your access to or use of the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, any content you post or submit to the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, your violation of law or infringement of the rights of a third party, or your other violation of these Terms of Use. Ebers School Of Aromatherapy – Ebers consulting LLC reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with Ebers School Of Aromatherapy – Ebers consulting LLC if and as requested by Ebers School Of Aromatherapy – Ebers consulting LLC in the defense of such matter.

13. New Jersey Law Applies

The laws of the State of New Jersey apply to everything relating to Ebers School Of Aromatherapy – Evers consulting LLC ’s and the Ebers School Of Aromatherapy – Ebers consulting LLC Sites relationship to you. This means that any and all disputes, claims and controversies arising out of or relating to the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, including the sale of products, content, services, or technology, on or used through the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of New Jersey applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

14. Disputes/Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Ebers School Of Aromatherapy – Ebers consulting LLC and you agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the provisions in this section 14.

For purposes of this section 14, we will use the capitalized word “Dispute” to mean any dispute, claim, or controversy arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, your (or anybody else’s) access to and/or use of the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, and/or the provision of content, products, services, and/or technology on or through the Ebers School Of Aromatherapy – Ebers consulting LLC Sites.

In the event of a Dispute, Ebers School Of Aromatherapy – Ebers consulting LLC or you must give the other notice of the Dispute. This notice must include a brief written statement that sets forth the name, address, and contact information of the party giving it, as well as the facts giving rise to the Dispute and the relief requested. You must send any such notice to Ebers School Of Aromatherapy – Ebers consulting LLC by email to info@localhost and by U.S. Mail to Ebers School Of Aromatherapy – Evers consulting LLC .com, Legal Notice, to: _51 Distribution Blvd Edison NJ 08817 . To the extent that Ebers School Of Aromatherapy – Ebers consulting LLC has your contact information, it will send any such notice to you by U.S. Mail and your email address.

We will try to resolve any Dispute through informal negotiation within 30 days from the date that any notice of Dispute is sent by email and U.S. Mail. Ebers School Of Aromatherapy – Ebers consulting LLC and you shall use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations. After 30 days, Ebers School Of Aromatherapy – Ebers consulting LLC or you may resort to the other alternatives described in this section.

Not with standing the foregoing, Disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Ebers School Of Aromatherapy – Ebers consulting LLC Sites shall not be subject to arbitration, and the notice and 30 day negotiation period required by this paragraph shall not apply to these types of Disputes.

Except as otherwise specifically set forth below, any Dispute of any kind, if unresolved through informal discussions within 30 days of the sending of the notice described above, shall be resolved by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in New Jersey, and Ebers School Of Aromatherapy – Ebers consulting LLC and you agree to submit to the personal jurisdiction of any state or federal court in New Jersey, to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1 (800) 778-7879.

The AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on Ebers School Of Aromatherapy – Ebers consulting LLC and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Ebers School Of Aromatherapy – Ebers consulting LLC and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Ebers School Of Aromatherapy – Ebers consulting LLC and you understand that, absent this mandatory arbitration provision, Ebers School Of Aromatherapy – Ebers consulting LLC and you would have the right to sue in court and have a jury trial. Ebers School Of Aromatherapy – Ebers consulting LLC and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

If Ebers School Of Aromatherapy – Evers consulting LLC ’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the AAA Rules, solely based on documents submitted to the arbitrator.

You or Ebers School Of Aromatherapy – Ebers consulting LLC may choose to pursue a claim in small claims court where jurisdiction and venue over you and Ebers School Of Aromatherapy – Ebers consulting LLC otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide Ebers School Of Aromatherapy – Ebers consulting LLC 30 day advance notice by email to info@localhost and by U.S. Mail to Ebers School Of Aromatherapy – Evers consulting LLC , LLC, Legal Notice, to:51 Distribution Blvd Edison NJ 08817

You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to Ebers School Of Aromatherapy – Ebers consulting LLC by email to info@localhost AND by U.S. Mail to Ebers School Of Aromatherapy – Ebers consulting LLC , LLC, 51 Distribution Blvd Edison NJ 08817 . The notice must be sent within 30 days of your first use of any of the Ebers School Of Aromatherapy – Ebers consulting LLC Sites. If you do not opt out via this method, you will be bound to arbitrate Disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, Ebers School Of Aromatherapy – Ebers consulting LLC will not be bound by them either. If any clause within this Disputes/Arbitration section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. In any event, if for any reason a Dispute between Ebers School Of Aromatherapy – Ebers consulting LLC and you is before a court (e.g., if the arbitration provisions are found unenforceable or if pursuant to these Terms of Use the matter is not subject to arbitration), Ebers School Of Aromatherapy – Ebers consulting LLC and you agree to waive, to the fullest extent allowed by law, any trial by jury.

This Disputes/Arbitration section will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of Ebers School Of Aromatherapy – Ebers consulting LLC , or any employee, officer, director, or investor of Ebers School Of Aromatherapy – Ebers consulting LLC , and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Use (such as with respect to their validity or enforceability), the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, any person’s access to and/or use of the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, and/or the provision of content, products, services, and/or technology on or through the Ebers School Of Aromatherapy – Ebers consulting LLC Sites.

15. Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

For purposes of this section 15, we will also use the capitalized word “Dispute” to mean any dispute, claim, or controversy arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, your (or anybody else’s) access to and/or use of the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, and/or the provision of content, products, services, and/or technology on or through the Ebers School Of Aromatherapy – Ebers consulting LLC Sites. Ebers School Of Aromatherapy – Ebers consulting LLC and you agree to resolve any Dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Ebers School Of Aromatherapy – Ebers consulting LLC and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any Dispute with a third party.

If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in New Jersey.

If any clause within this Class Action Waiver section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.

This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of Ebers School Of Aromatherapy – Evers consulting LLC , or any employee, officer, director, or investor of Ebers School Of Aromatherapy – Evers consulting LLC , and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.

16. Changes to These Terms of Use

Ebers School Of Aromatherapy – Ebers consulting LLC may amend these Terms of Use (including any Service Terms) at any time and at Ebers School Of Aromatherapy – Evers consulting LLC ’s sole discretion by posting the updated version on www.ebersaromaschool.com

• 12:00 p.m. Eastern time on the 10th day after posting to www.ebersaromaschool.com (if there is no material update to the Disputes/Arbitration section);
• or on the 30th day after posting (if there is a material update to the Disputes/Arbitration section);
• or your acceptance of them via a click-through process or some other method that we specify.

Updates to the Terms of Use apply on a going-forward basis as of the date they take effect.

17. Termination by Ebers School Of Aromatherapy – Ebers consulting LLC

We may close your account at any time in our sole discretion and without notice to you. While we always want to promote a great shopping experience at Ebers School Of Aromatherapy – Ebers consulting LLC , this means we can close (or suspend) your account if we believe you are using the Ebers School Of Aromatherapy – Ebers consulting LLC Sites in a manner not intended by us, or in a way that circumvents these Terms of Use, or is contrary to the spirit of any activity on the Ebers School Of Aromatherapy – Ebers consulting LLC Sites (like a promotion or contest). In no case will Ebers School Of Aromatherapy – Ebers consulting LLC ’s closure of your account, or reduction of your access to the Ebers School Of Aromatherapy – Ebers consulting LLC Sites, waive or affect any other right or relief to which Ebers School Of Aromatherapy – Ebers consulting LLC may be entitled.

18. Entire Agreement and Admissibility; Applicability to Sellers

These Terms of Use constitute the entire agreement and understanding between you and Ebers School Of Aromatherapy – Ebers consulting LLC with respect to the subject matter here of and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial, arbitral, or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

19. Miscellaneous

You may not assign or otherwise transfer these Terms of Use, by operation of law or otherwise, without Ebers School Of Aromatherapy – Evers consulting LLC ’s prior written consent. Subject to the foregoing restriction, these Terms of Use will be binding on, inure to, and enforceable against the parties and their respective successors and assigns. Ebers School Of Aromatherapy – Ebers consulting LLC may assign these Terms of Use in its sole discretion by providing you notice of the same. For example, Ebers School Of Aromatherapy – Ebers consulting LLC may unconditionally assign or otherwise transfer these Terms of Use to any successor in interest, such as an acquirer of a Ebers School Of Aromatherapy – Ebers consulting LLC company (via merger, sale of stock, etc.) or a buyer of substantially all of its assets.

Headings are for reference purposes only and do not limit the scope or extent of any section.

Ebers School Of Aromatherapy – Evers consulting LLC ’s failure to enforce your strict performance of any provision of these Terms of Use will not constitute a waiver of Ebers School Of Aromatherapy – Evers consulting LLC ’s right to enforce such provision or any other provision of these Terms of Use.

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place, except as explained in the second-to-last paragraphs of the “Disputes/Arbitration” and “Class Action Waiver” sections.