Cancellation/Refund Policy for a Workshop
Should a student change their mind and want to cancel a workshop that has been prepaid, they will be able to receive a full refund of the payment up to 7 days prior to the start of the first session. If the student cancels within 7 days of the first session, they will receive a partial refund of 75% of the original cost so Uniquely U. can cover any administrative fees. If the student wishes to cancel once the workshop has begun, no refunds will be issued. However, we understand that sometimes extenuating circumstances occur. In this instance, the administration will utilize discretion. On the other hand, if Uniquely U. cancels a workshop for any reason, if a comparable workshop is available, we will offer that as an alternative or issue a full refund — it will be the student’s choice.
U-Instructor Cancellation
Should something arise that is beyond a U-Instructor’s control, the workshop will be pushed to the following week at the same time. Alternatively, if the U-Instructor cannot fulfill their commitment for whatever the reason, we will either bring in a substitute U-Instructor to complete the workshop with the students or issue a partial refund to the students. This will be determined on a case-by-case basis.
Technical Difficulties
As a student, if you are experiencing technical difficulties, please know that there will be a replay link available within 24 hours of each session. You can access the links in your workshop locker. Replay links will be available for streaming in perpetuity in the Uniquely U. portal, accessible via your workshop locker — you just need to have a current membership registration to access your locker. You can also communicate with your U-Instructor in their Slack channel (link is also available in your locker), when the technicalities sort themselves out.
Certification of Completion
There will be homework when appropriate to help you integrate what you are learning in the workshops. There will be a certificate of completion available for download once the workshop is finished.
Automatic Renewal
Yes, your membership will automatically renew on an annual basis. If you have paid for a membership plan, the card you have on file will be automatically charged. You’ll receive a renewal reminder notification roughly 30 days prior to your anniversary date. If you are grandfathered in with a free lifetime membership, then you will not need to do anything to renew, we’ve got you covered!
Workshop Preparation
Firstly, add the sessions to your calendar and make sure you commit to those dates. Then join your U-Instructor’s Slack channel and introduce yourself. Here, your U-Instructor may post materials for you to print or to have ready for your first session. Don’t forget to give yourself enough time to log in and get settled before class starts. Lastly, have FUN!
Courses for Minors (Children Under the Age of 18 Years Old)
Any workshop geared for children under the age of 18 must be purchased on behalf of a minor child by an adult Uniquely U. member who is over the age of 18 years old. The member agrees to assume all responsibility for the child’s interactions on the Uniquely U. platform. We encourage the adult to monitor the minor’s usage, and the adult and minor agrees to release Uniquely U., and hold Uniquely U. harmless from any and all content viewed, or interactions with any party. At any and all times, because access to the workshop will be through the member’s account, the member may also attend the child’s workshop, communicate with their U-Instructor and view replays. We highly value everyone’s privacy, but equally important, we wish for everyone to have a safe and trusting experience. After all, it does take a village, doesn’t it?!
I. Intellectual Property
a. We own any and all intellectual property rights in our proprietary U-Syllabus.
b. You shall own any intellectual property that you create for usage with us.
c. You warrant that any images, sounds, music, or other such content, is either in the public domain, owned by you, or content for which you have the license to use.
d. However, notwithstanding the foregoing, any content you provide to us is hereby granted to us at an exclusive license, for the term of this Agreement, unless otherwise explicitly agreed to us, on a case-by-case basis.
e. The exclusive license applies to any uses for electronic media, including but not limited to social media, websites, streaming, or live casts.
f. The exclusive license excludes in-person groups, one-on-one sessions, or other in-person, non-recorded sessions.
g. No permissible in-person use of your content may be presented at a lesser cost than we are charging.
h. In the event you wish to use our U-Syllabus as a template for teaching courses outside of Uniquely U., upon our approval, you will be required to pay us a minimum royalty of 10% (ten percent) and execute an agreement to use our proprietary U-Syllabus.
II. Confidentiality and Non-Disclosure
a. This entire section regarding Confidentiality and Non-Disclosure shall survive the termination of this Agreement.
b. All “Proprietary Information” shall be presumed to be “Confidential” unless otherwise specifically identified in writing by us. You shall not disclose any of the “Proprietary Information” belonging to us, to any party, except to comply with a governmental agency or court order. “Proprietary Information” is hereby defined as used in this agreement hereunder as any trade secrets, confidential, or proprietary information by the parties, including, without limitation, any information, documents or other correspondence whether communicated in writing, electronically or orally, which contains information or data which is not known to the public, including but not limited to, that which relates to internal documents, methods of operation, methods of processes, prices, product information, new product plans, practices, technical conceptions, business methods, business affairs, tools and techniques, sales plans, marketing plans, pricing information, customer lists and other customer information, financial information, employee files or other employee information, marketing and customer data, default and recovery statistics, loan program parameters, risk management strategies, recovery strategies, other trade secrets, and any and all other such information as may be supplied by which is not generally ascertainable from public or published information.
c. You further agree that you shall keep all customer information private. You shall not use any customer information for your personal use, nor shall you make any personal contact with any customers, nor sell, transfer, publish, or otherwise distribute any customer’s information, without the customer’s express written prior consent.
d. In the event you and we part ways, you must destroy the original and all copies of the Proprietary Information, whether in electronic form or otherwise.
III. Non-Competition and Non-Solicitation
a. This entire section regarding Non-Competition and Non-Solicitation shall survive the termination of this Agreement.
b. You agree and acknowledge that we will be irreparably damaged if you were to provide services or to otherwise participate in the business of any other person, entity, firm, company, or corporation competing with us in violation of this Agreement, and any such competition by you would or could result in the loss of revenue, profits, potential revenue, potential profits, and goodwill by us. You agree that you will not compete directly or indirectly, in any capacity whatsoever including, without limitation, as an employee, employer, consultant, principal, partner, shareholder, officer, director, or in any other individual or representative capacity, or whether on your own behalf or on behalf of any other person, entity, firm, company or corporation, during the term of any Agreement with us, and for a period of two (2) years following the termination of any Agreement.
c. You shall not, directly or indirectly, through another person, entity, firm, company, or corporation, recruit, solicit, interfere with, or hire or attempt to recruit, solicit, interfere with, or hire, any employee or independent contractor of ours to leave the employment (or independent contractor relationship) thereof, whether or not any such employee or independent contractor is party to an employment agreement. We acknowledge that this paragraph will not be violated by general advertising or general solicitations that are not targeted or directed specifically to employees or independent contractors of ours, nor by the consideration or acceptance of unsolicited applications for employment by such individuals.
d. You shall not directly attempt in any manner to solicit or accept from any client, customer or prospect of ours, business which is competitive with us, or to persuade or attempt to persuade any such client, customer or prospect to cease to do business or to reduce the amount of business which such client, customer or prospect has customarily done or is reasonably expected to do with us; nor interfere with any relationship, contractual or otherwise, between us and any other party, including, without limitation, any supplier, coventurer, or joint venturer of ours, or solicit such party to discontinue or reduce its business with us. You shall not directly or indirectly, whether or not for compensation, suggest, request, or encourage any prior employees, independent contractors, suppliers, current or prior clients of the other party, or prospective clients of the other party, to curtail, reduce, or cancel their business done with the other party.
e. You acknowledge and agree that each and every one of the foregoing matters is important and material, and gravely affect the effective and successful conduct of the business of us.
IV. Breach
a. The parties acknowledge that the foregoing non-competition, non-solicitation, and non-disclosure covenants are principal and indispensable elements required for the protection of the personal and professional goodwill of the parties, and that each of the parties has given full thought and consideration to the reasonableness of same.
b. The parties agree that any breach or threatened breach of this Agreement by you would cause not only financial harm, but irreparable harm to us, so that money damages will not provide an adequate remedy. We shall be entitled to injunctive, without the necessity of posting an undertaking, and such other and further relief, including stipulated damages of $100,000.00. The parties hereby waive the claim or defense that there is an adequate remedy at law, and no party shall urge in any such action or proceeding, the claim or defense that any such remedy at law exists.
c. You further acknowledge and agree that any breach of the terms and conditions of this Agreement is a material breach of this Agreement, thus, you shall pay to us all damages, including, but not limited to, compensatory, incidental, consequential, punitive and lost profits, which arise from the breach together with interest. In the event we bring an action to enforce a breach of this Agreement, it is mutually agreed that a reasonable attorneys fee is 33 1/3% (thirty-three and one-third percent) of the amount due and owing, with interest to be calculated and compounded at a rate of 1 ½% (one and one-half percent) per month, per annum.
d. No breach of this Agreement shall be deemed material unless the party alleging such a breach shall have given written notice of said breach to the other party, via certified mail, return receipt requested, and such other party fails to cure such breach within thirty (30) days, after receipt of said notice.
e. Waiver of a breach of any provision of this Agreement shall not be deemed or construed to be a waiver of any subsequent breach.
V. Authority to Sign
The parties warrant and represent that they have full power and authority to enter into this Agreement and are under no disability or prohibition that would prevent the performance of the obligations hereunder. The parties will not enter into any other agreements during the term of this Agreement, which might materially interfere with the ability to perform Their obligations hereunder. The parties acknowledge that they may obtain independent legal counsel, regarding the rights and obligations of this Agreement.
VI. Relationships Between the Parties
This Agreement does not and shall not be construed to create a partnership, joint venture, or any other business enterprise or entity, between the parties. No promises or inducements have been made by either party to the other, except as expressly provided herein. Each party shall be solely responsible for any taxation payable on any revenue received by that party.
VII. Force Majeure
In the event of a war, strike, riot, terrorist attack, epidemic, plague, or any such “Act of God” including but not limited to hurricane, flood, earthquake, fire, etc., which prevents us from fulfilling our obligations under the Agreement, we will send you written notice that we are suspending our obligations under this Agreement for the duration of the force majeure, and toll any expiration of the term of the Agreement.
VIII. Assignment
Neither party may assign this Agreement in whole or in part without the express prior written consent of the other party, provided however, that either party upon written notice to the other may assign this Agreement to any company or entity wholly controlled and/or owned by such party.
IX. Venue and Jurisdiction
This Agreement shall be construed in accordance with the Laws of New York State. The parties agree that in the event you wish to enforce the terms of this Agreement, exclusive jurisdiction shall be fixed in the Supreme or District Court of Suffolk County, State of New York.
X. Construction of This Agreement
a. This Agreement constitutes the entire understanding between the undersigned parties, and supersedes any and all previous agreements, whether written or oral.
b. Neither this Agreement nor any provision herein may be renewed, extended, waived, amended, modified, cancelled, terminated, or otherwise changed or discharged except by an instrument in writing, signed by the parties.
c. The captions in this Agreement are for convenience only and are not to be considered in construing this Agreement.
d. Whenever the text requires, the use of a singular number shall include the appropriate plural number as the text of the Agreement may require, and vice versa.
e. All pronouns shall be deemed to be the masculine, feminine, neutral, singular, or plural as the identity of the person or persons may require.
f. References to a person or persons shall include partnerships, corporations, limited liability companies, unincorporated associations, trusts, estates, and other types of entities.
g. If any provision of this Agreement is held void or unenforceable, it shall not affect the enforceability of any other term or condition in this Agreement and shall not void any liability of any party to this Agreement.
h. A facsimile or electronic copy of this Agreement shall be deemed an original for all purposes and may be signed in counterparts.
