Terms and conditions

TERMS AND CONDITIONS

Effective Date: September 22, 2025

We welcome you to Earlston Academy! These Terms of Use (referred to hereafter as the “Terms”) establish the conditions and regulations governing your use of our websites, mobile applications, and all educational programs or courses.

Earlston Academy, LLC. is the operating entity, a Georgia corporation located at  3350 Lenox Rd Suite 750, Atlanta, GA 30350. References such as “Earlston Academy,” “we,” or “us” refer collectively to Earlston Academy, LLC. and its affiliated companies and partners.

Applicability and Acceptance of Terms

These Terms govern your engagement with the Earlston Academy website, our educational platform, mobile applications, and all associated features, resources, and educational programs or courses provided by us (collectively referred to as the “Earlston Academy Service” or “Service”).

Your action of clicking “Continue” signifies that you have fully reviewed, comprehended, and consented to abide by these Terms. Should you disagree with any part of these Terms, you must cease all use of the Earlston Academy Service.

Supplemental Rules

Certain components of the Service may be governed by specific, supplementary rules or conditions (“Additional Terms”). In such cases, we will duly notify you and present these additional provisions for your examination. Your continued use of those specific Service components constitutes your agreement to comply with the Additional Terms.

ABOUT US

The courses and focused career development offerings provided by Earlston Academy are known as the “Programs.”

Regarding certification, eligibility for a Certificate of Completion (“Certificate”) rests on the student’s successful conclusion of the Program, as evaluated exclusively by Earlston Academy. Conversely, students who do not complete the Program requirements may only qualify for the issuance of a Certificate of Attendance.

Your User Obligations

To enroll in an Earlston Academy Program, the creation of a user account is mandatory. During this registration process, you will be required to submit certain personal information. Earlston Academy utilizes this data in strict compliance with our Privacy Policy, which is accessible at: https://www.earlstonacademy.com/privacy-policy

It is your sole responsibility to ensure that all information provided during initial registration and at any subsequent time is entirely truthful, accurate, and complete. Furthermore, you are obliged to promptly update your account details whenever your information changes, ensuring its continued correctness and currency.

Account Credentials and Security

During the account creation process, you may be prompted to select a unique username and a corresponding password. Earlston Academy retains the authority to refuse or revoke your chosen username for any reason, including, but not limited to, if it is deemed offensive, illegally impersonates another individual, or is likely to cause confusion.

You bear the full responsibility for maintaining the confidentiality of your username and password. Under no circumstances are you permitted to share, transfer, or resell your account or access to the Service to any other person.

YOU ASSUME FULL AND COMPLETE RESPONSIBILITY FOR ENSURING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD, AND FOR ALL ACTIONS AND ACTIVITIES EXECUTED VIA YOUR ACCOUNT.

Earlston Academy shall not be held liable for any resultant loss or damage stemming from your failure to properly secure your login credentials or for any occurrences taking place under your password.

Non-Accredited Status

Please be aware that Earlston Academy is not an accredited educational institution or school. Consequently, we are unauthorized to issue formal degrees. The Certificate you are awarded upon completion does not constitute an official academic degree.

Absence of Academic Credit

Successful completion of a Program does not qualify you to receive academic credit that would be recognized or transferable to other schools, colleges, or universities.

Employment Outcomes Disclaimer

While engaging with a Program is designed to significantly enhance your skills and practical knowledge, we are unable to offer any promise or guarantee regarding your subsequent employment status, job acquisition, or career promotion as a direct result of your participation.

Requirement for Independent Work: All submitted assignments, including homework, quizzes, examinations, and final projects, must be the product of your own effort, except where we have explicitly authorized collaborative work.

Prohibition Against Sharing: You are strictly forbidden from sharing your completed assignments with other students or completing work on behalf of another individual, unless we grant prior permission for such collaboration or sharing.

Zero Tolerance for Dishonesty: You must never cheat or engage in any dishonest conduct aimed at inflating your own scores or negatively impacting the results of any other student.

Program Modification Policy: After formal enrollment, you are not permitted to change your Program unless Earlston Academy grants explicit authorization. If an approved change is made, supplementary fees may be assessed.

Data Verification and Account Access

During the process of new user registration on the Earlston Academy website, you are required to furnish valid and accurate details on the registration form. It remains your continuing obligation to update this information immediately upon any change.

Earlston Academy retains the right to request verification of your supplied information, including supplementary documents, at any time. Should the information you present fail to match the data submitted during your initial registration, Earlston Academy reserves the right to deny or revoke your access to the account.

Responsibility and Community Compliance

In summary, this signifies that you are held entirely accountable for every activity originating from your account. Should you fail to maintain the security of your username and password, Earlston Academy assumes no liability for any resulting financial loss or damage.

Furthermore, to assist in the upkeep of a safe and respectful learning environment, you explicitly agree to adhere to Earlston Academy’s Code of Conduct. You further covenant that you will not employ the Earlston Academy Service to:

Prohibited Uses of the Service

You covenant that you will not employ the Earlston Academy Service to:

  • Contravene or infringe upon any governing local, state, national, or international laws or regulations.
  • Transmit or distribute any material that is abusive, harassing, defamatory, vulgar, obscene, hateful, or otherwise deemed objectionable.
  • Stalk, harass, intimidate, or inflict harm upon any other individual.
  • Dispatch unsolicited or unauthorized promotional materials, including spam or any other form of commercial solicitation.
  • Intentionally transmit any harmful software, such as viruses, malware, or spyware.
  • Attempt to circumvent or tamper with any security features or safeguards protecting the Service.
  • Falsely assume the identity of any person or entity, or misrepresent your true affiliation with another party.
  • Disrupt or inappropriately interfere with the Service, its servers, or its networks, or neglect to comply with any associated rules or operational policies.
  • Modify or alter any portion of the Service, with the sole exception of the content you personally provide (User Content, as defined below).

You further covenant that you will refrain from utilizing any automated systems (including, but not limited to, robots, spiders, or offline readers) to gain access to the Earlston Academy Service.

Fees and Payment, Refunds, Suspension, and Extensions
Obligation to Pay

You are contractually obligated to remit the full current tuition fees associated with any Program in which you register.

Accepted Payment Methods

You are required to settle your Tuition Fees in advance by utilizing one of the payment mechanisms made available by us. All transactions must be executed in U.S. Dollars, unless a different currency arrangement has been mutually agreed upon in writing.

Available Payment Plans

In order to maximize the accessibility of our educational offerings, Earlston Academy provides various methods for fulfilling your payment obligations.

Financing Options

Additional financing choices are accessible via third-party lending partners. We strongly advise all students to carefully evaluate all available options to select the arrangement that best suits their financial requirements.

You have the option to satisfy your full Tuition Fees either in a single upfront payment or through scheduled recurring payments. Should you select the recurring payment plan, you hereby grant Earlston Academy authorization to automatically debit the applicable fee from your chosen payment method according to the following schedule:

  • The initial payment will be processed at the moment of your purchase.
  • The second payment will be charged 26 days following your designated Program Start date.
  • Subsequent payments will be charged every 30 calendar days after the date of the preceding payment.

Third-Party Financing, Loans, and Processing
Applicability of External Terms

If you elect to use a third-party lender or external financial service to cover the cost of your Earlston Academy Program, their specific policies regarding payments, refunds, and cancellations may take precedence over our own. The decision to pursue third-party financing is entirely yours, and you bear the responsibility for reviewing and comprehending their associated terms.

Non-Representation and Liability

Earlston Academy maintains no representational authority over any third-party provider, nor is any such provider authorized to act as an agent or representative for Earlston Academy. Earlston Academy explicitly disclaims all warranties and liabilities pertaining to any third-party loans, financial services, or any claims or representations made in connection with those services.

Right of Payment Approval

Earlston Academy reserves the right to decline payments facilitated by loans or third-party financial providers. Alternatively, we shall only finalize and approve such payments once the loan has been officially sanctioned by the respective financial provider.

Important Financial Notes

Non-Standard Payment Methods: If you opt for a payment choice that deviates from the Standard Tuition, such as securing a loan or entering into an Income Share Agreement (ISA) with a third-party lender, be advised that supplementary fees and interest charges may apply. This could result in a higher total cost for the Program overall.

Loan Repayment: If you choose to finance your course via an external loan, you retain the liability for repaying the full principal loan amount plus all accrued interest, subject only to any official refunds you receive from Earlston Academy.

Continuing Tuition Obligation

You are absolutely obligated to remit your full Tuition Fees, irrespective of the specific payment method or schedule you utilize. This obligation persists even if you elect to pause your studies, cease using the Earlston Academy Service, or ultimately fail to complete the Program.

Student Rights: Cancellation, Withdrawal, and Refunds

You maintain the right to revoke your enrollment and receive a complete refund (100%) of all Tuition Fees paid by or for you, provided your cancellation request is received within 7 calendar days of the most recent of the following trigger events:

  • The day your enrollment agreement is processed.
  • The day your first payment is processed.
  • The day you first access the Program platform (as documented in activity logs) or first log into any communication channel connecting Earlston Academy and you.
  • The published official commencement date (Start Date) of the Program.

To formally terminate your enrollment or withdraw from the Program, you are required to fully complete and submit the Earlston Academy Withdrawal Request Form. This document is available on our dedicated support page at: https://www.earlstonacademy.com/support/withdrawal

Withdrawal and Pro-Rata Refund Policy

Establishing the Official Withdrawal Date

Your formal withdrawal date will be fixed as the earlier of the following two dates:

  • The day Earlston Academy receives your fully completed Withdrawal Request Form.
  • The day Earlston Academy notifies you of your termination from the Program due to a violation of school policy.
Procedure for Withdrawal

To initiate the withdrawal process and activate the corresponding refund procedure, you are required to complete and formally submit the Earlston Academy Withdrawal Request Form. This form can be accessed directly at: https://www.earlstonacademy.com/support/withdrawal

Refund Calculation and Methodology

Earlston Academy will determine your refund amount strictly in accordance with the Pro Rata Refund Calculation Policy detailed below. Be aware that based on the payments received as of your official withdrawal date, you may still have an outstanding balance due to Earlston Academy even after any refund is processed.

Pro-Rata Refund Calculation Policy

Eligibility for a pro-rata refund is granted if you withdraw subsequent to the 7th day of your Program (the conclusion of the initial cancellation window) but prior to reaching 40% completion of your total enrollment period.

The refund amount is calculated using the following steps:

  1. Identify the total Tuition Fees specified for your enrollment period (as documented in your enrollment agreement).
  2. Establish the daily charge rate by dividing the total Tuition Fees (from step 1) by the total number of calendar days in your enrollment period.
  3. Calculate the total cost for instruction received by multiplying the daily charge (from step 2) by the number of days you were enrolled prior to your withdrawal.
  4. The final refund amount is determined by subtracting the instruction cost owed (from step 3) from the total amount of Tuition Fees you have already paid.

Enrollment Status and Refund Calculation: Initiating a leave of absence, incurring a suspension, receiving a time extension, or requesting a Program change will not interrupt or prolong your established enrollment period for the calculation of refunds. As such, your tuition payments will continue as originally scheduled regardless of these circumstances.

Consequences of Suspension

Your period of suspension shall remain active until the underlying issue that triggered it has been fully rectified by you. Should you fail to resolve the issue within three business days of receiving the notice of suspension, or if you commit a further violation of the Terms or Code of Conduct following a previous warning, Earlston Academy may permanently terminate your access to the Program without providing any refund for fees previously paid.

Continuing Charges During Status Changes

Irrespective of the reason for your suspension or extension, you will remain liable for and continue to be charged during this period until your Program fees have been satisfied in full. Furthermore, suspension or extension does not interrupt or pause your enrollment period for the calculation of any potential refunds.

Taxes, Third-Party Financing, and Additional Charges

Taxes and Government Fees: Your payable Tuition Fees are exclusive of all taxes, duties, charges, or other government-imposed fees (excluding only taxes assessed against Earlston Academy's net income). The responsibility for settling any such supplementary amounts that apply to your use of the Service rests entirely with you.

Third-Party Financing Disclaimer: You acknowledge and understand that selecting external financial providers may incur additional fees and interest, which will necessarily increase the overall expenditure for the Program. Earlston Academy does not participate in, nor does it exercise control over, any contracts or agreements you establish with these third-party providers. Consequently, Earlston Academy possesses no information regarding the total sum of additional fees or interest they may charge.

Independent Decision: The choice to utilize a third-party financing provider is entirely your own. You are strongly advised to thoroughly review and understand their contract before committing.

Suspension and Termination 
Earlston Academy retains the right to suspend your participation in the Program, or issue a formal warning detailing the concern, should any of the following circumstances arise:
  • You fail to remit your Tuition Fees or your designated payment method cannot be successfully processed.
  • You are found to be in violation of these Terms and/or the established Code of Conduct.
  • You miss required Program deadlines for the submission of assignments or projects.
  • You neglect to execute (sign) the enrollment agreement or any other mandatory documents prior to the Program Start Date or within 7 calendar days of receipt, whichever occurs first.
  • You fail to prove English proficiency at a B2 level of the Common European Framework of Reference (CEFR), as determined either by a third-party assessment or as requested by the Earlston Academy team. Failure to complete the requested assessment within 7 days will be interpreted as a failure to pass.
Requesting a Program Extension

You are permitted to submit a request for an extension to conclude your studies. If an extension is granted, you remain solely accountable for adhering to all revised Program deadlines and successfully finishing the Program.

  • Extended Absence: If you are absent from the Program for three consecutive months, Earlston Academy reserves the right to terminate your participation and revoke your access. Rejoining the Program after such a lengthy absence will necessitate a new enrollment at the full price, without any discounts or fee offsets.
Extension Procedure

To formally request an extension of your studies, please directly contact your Learning Coach.

Important Financial Notice:

Regardless of the circumstances leading to your suspension or extension, you will continue to be billed during this period until your Program fees have been fully satisfied. Neither a suspension nor an extension will interrupt the calculation of your enrollment period for refund purposes.

Ownership of Earlston Academy Content and Usage Rights

All materials present on the Earlston Academy Service, excluding only “User Content” or “Third-Party Content” (as subsequently defined), including, but not limited to, videos, photographic material, written text, software code, scripts, graphics, audio, music, and interactive features (collectively termed the “Content”), belong to Earlston Academy or its affiliates or licensors.

Furthermore, all distinguishing trademarks, design marks, names, and logos displayed on or through the Earlston Academy Service (collectively, the “Marks”) are proprietary. Both the Content and the Marks are protected by comprehensive copyright, trademark, and other intellectual property legislation under U.S. and international law.

Permitted and Prohibited Uses

Summary: Unless Earlston Academy grants explicit authorization, you may not use the Content or Marks in any way other than for your personal educational use, and you are always required to honor the legal protections and proprietary notices accompanying the Content.

Limited License: Your right to use the Earlston Academy Service and its Content is strictly limited to your own individual, personal, and non-commercial educational purposes.

Prohibited Activities: You are expressly forbidden from reproducing, downloading, recording, distributing, selling, altering, translating, reverse engineering, or otherwise utilizing any portion of the Earlston Academy Service or its Content for any commercial or unauthorized objective, except where Earlston Academy provides specific, written, or explicit authorization through the Service.

Legal Compliance: You must fully adhere to all associated copyright and trademark notices and comply with any and all restrictions linked to the Content. You shall not remove, modify, or attempt to circumvent any copyright, trademark, or other legal notices, nor bypass any digital rights management or content protection mechanisms integrated into the Content.

User Content
Posting and Distribution of Content

Earlston Academy grants permission for you and other users to submit and distribute various materials, such as work samples, discussion messages, and comments (referred to collectively as "User Content"), across any resource within the Earlston Academy Service. Typically, the content you upload to Earlston Academy will be visible to all other Service users. Please be aware that if you generate User Content as part of a competition or contest, supplementary rules may be enforced.

Use of Your Name and Image

Earlston Academy reserves the right to incorporate your name, photographic image, job title, and employer's name into its promotional content, which includes its website, social media feeds, and other marketing channels, solely for the purpose of advertising and business promotion. To revoke this consent, please notify the Earlston Academy support team by emailing contact@earlstonacademy.com.

No Expectation of Payment or Confidentiality

You should not anticipate receiving any financial payment for your User Content, unless a prior agreement specifies otherwise. Furthermore, you should not expect any confidentiality for material you post or share on Earlston Academy. You are advised not to post any information you wish to remain private.

Advertisements and Public Project Display

Earlston Academy may display advertisements adjacent to your User Content and across its Service, including advertisements contextually related to your posted material. Earlston Academy may also publish your completed final project on an external website, accompanied by your first and last name and the Program title, for the purpose of academic demonstration or presentation. Should you desire the public removal of your project, you may submit a request via email to contact@earlstonacademy.com. Earlston Academy will process the removal within five business days and will confirm the action by email within two business days thereafter.

Your Guarantees Regarding User Content

Representation and Warranty

You formally guarantee that you are the rightful owner of, or possess all necessary rights for, the User Content you share. You further warrant that your content does not infringe upon any third party’s rights, which includes, but is not limited to, their copyright, trademark, patent, privacy, publicity, or any other intellectual property, legal, or moral rights.

Content Review and Removal

While Earlston Academy generally does not pre-screen User Content before it is published, we reserve the right to review and remove content at any point for various reasons, including, but not limited to, ensuring compliance with these Terms and any Additional Terms. Earlston Academy may, at its sole discretion, delete any User Content or suspend your access to the Earlston Academy Service if your content is found to violate these Terms, any Additional Terms, or any applicable laws or regulations.

Limitation of Liability

Earlston Academy assumes no responsibility or liability for any User Content. By utilizing the Service, you agree to waive any and all legal or equitable rights or remedies you might otherwise have against Earlston Academy relating to such User Content.

Third-Party Projects and Materials

Earlston Academy may present you with the chance to engage in real-world projects furnished by external companies within your discipline (designated as “Third-Party Projects”). These companies are also responsible for supplying materials, data, or software to facilitate the project's completion (designated as “Third-Party Content”).

Third-Party Content encompasses a broad spectrum of materials, including, but not limited to, data files, documentation, software, graphics, videos, and various other similar items, delivered in any format. Crucially, all of this content originates from entities other than Earlston Academy and is provided exclusively for the purpose of the Third-Party Projects.

Earlston Academy explicitly states that it does not review or pre-approve any Third-Party Projects or Third-Party Content before they are made available to you.

Participation in any Third-Party Projects or use of any Third-Party Content is entirely voluntary and your independent choice. Similarly, you are solely responsible for any decision to initiate agreements or establish relationships with these third-party companies.

Earlston Academy does not control or influence your choices or interactions concerning these external companies or their Projects or Content. Notwithstanding this, Earlston Academy reserves the right to establish the comprehensive educational goals and objectives of your training Program.

Legal Relationship Disclaimer

You acknowledge and consent that Earlston Academy does not serve as a representative for you or for any external company in connection with Third-Party Projects or Content.

Furthermore, these Terms of Use are not applicable to any rights, obligations, or contracts pertaining to Third-Party Projects or Content. Earlston Academy is not a formal party to any agreement that you may establish with a third-party company concerning these materials or projects.

Finally, no provision within these Terms of Use or any other related agreement establishes a partnership, joint venture, or agency relationship between Earlston Academy and any third-party company concerning Third-Party Projects or Content.

Earlston Academy holds no responsibility or liability for any problems, disputes, or issues that may arise from your direct use of the Third-Party Projects or Third-Party Content. By participating in these external offerings, you agree to waive any and all legal or equitable claims you might otherwise pursue against Earlston Academy related to such Third-Party Content or Projects.

Use of User Feedback

Should you supply any ideas, suggestions, commentary, concepts, techniques, criticisms, reports, or other input (collectively termed “Feedback”) concerning the Earlston Academy Service, you consent that Earlston Academy and its affiliates are free to utilize this Feedback for any and all purposes, without any reciprocal obligation to provide you with compensation or to maintain the confidentiality of your submission.

You explicitly acknowledge that you hold no expectation of payment or confidentiality, and that Earlston Academy undertakes no duties or obligations to you with respect to the Feedback you provide.

Infringement Notice Procedures: Copyright and Trademark
Copyright Infringement Notification

Earlston Academy maintains a strict policy of respecting the intellectual property rights of all parties. If we are properly notified that material on our Service breaches copyright law, we will promptly remove or disable access to the infringing content. Furthermore, we may proceed to suspend or permanently terminate the accounts of users who are found to be repeat violators of copyright law.

We have implemented official procedures to receive and process formal written claims of copyright infringement, as mandated by law (each submission is referred to as a “Notification”).

If you possess an exclusive right under copyright laws, or if you are legally authorized to act for such an owner, and you believe your copyrighted work has been infringed upon, please direct a Notification of claimed infringement containing all of the required information below to the designated Earlston Academy copyright agent:

  • A full identification (description) of the copyrighted material that you allege has been infringed. If your claim involves multiple works, a representative listing of those works is acceptable.
  • A sufficient description of the content you claim is infringing and enough detail for Earlston Academy to accurately locate it on the Earlston Academy Service.
  • Your comprehensive contact information, including your current mailing address, telephone number, and email address (if applicable).
  • A declaration confirming your good faith belief that the disputed use of the material is not permitted by the copyright holder, their agent, or legal statute.
  • A declaration, made under penalty of perjury, affirming that the data contained in your Notification is accurate and that you are either the owner of the copyright or legally authorized to act on the owner's behalf.
  • Your required physical or electronic signature.

Please ensure your Notification contains every piece of information listed above. You may transmit your Notification via email or postal mail to the designated Earlston Academy copyright agent:

Earlston Academy LLC

3350 Lenox Rd suite 750, 

Atlanta, GA 30350

E-mail: legal@earlstonacademy.com

Modifications to Earlston Academy Service

Earlston Academy reserves the right to alter or entirely discontinue any component of the Earlston Academy Service at any time, with or without issuing advance notice. This encompasses the right to cancel, temporarily interrupt, or reschedule any Program, as well as to modify course content or completion requirements.

Should Earlston Academy elect to implement changes or discontinue the Service, Earlston Academy shall not be held liable to you for any outcomes or resulting effects.

Links to External Third-Party Materials

The Earlston Academy Service may incorporate links directing users to websites or resources owned and managed by external parties (referred to as “Third-Party Materials”). These links are furnished strictly for your convenience.

Earlston Academy does not endorse, regulate, or assume responsibility for any Third-Party Materials, including their content, software, data, or operational practices. Earlston Academy is not responsible or liable for anything you may access through these external links, nor for any adverse issues that may result from your use of Third-Party Materials.

Warranty Exclusion and Risk Assumption

THE RISK INHERENT IN UTILIZING THE EARLSTON ACADEMY SERVICE RESTS SOLELY WITH YOU. The Earlston Academy Service is provided without guarantee and on an existing "AS IS, AS AVAILABLE" basis.

To the fullest allowable extent under law, Earlston Academy and its affiliated entities explicitly WAIVE ALL WARRANTIES—both stated (express) and presumed (implied)—in connection with the Service. This includes, but is not restricted to, implied guarantees regarding marketability, fitness for any specified use or objective, and absence of infringement on rights.

Specific Guarantees Not Provided

Our services are generalized and are not tailored to address your individual learning profile or professional requirements. We offer no commitment that specific results, career outcomes, or achievements will materialize from your participation.

As permitted by law, Earlston Academy and any related third parties officially REJECT all statutory guarantees, representations, terms, conditions, and warranties that might otherwise be legally suggested or enforced.

 Limitation of Responsibility

Earlston Academy and its affiliates offer no guarantee regarding the accuracy or comprehensive nature of any content provided through the Earlston Academy Service or any affiliated external websites.

We disclaim all responsibility for the following:

  • Any errors, inaccuracies, or mistakes within the content, or any breach of confidentiality.
  • Any instance of personal injury or property damage arising directly from your use of the Earlston Academy Service.
  • Any unauthorized access, intrusion, or use of our servers, or any breach of stored personal or financial data (including User Content).
  • Any interruptions or failures in the transmission of data to or from the Earlston Academy Service.
  • The transmission of any malicious software, such as bugs, viruses, or Trojan horses, by third parties through the Earlston Academy Service.
  • Any form of loss or damage resulting from the utilization of content made accessible through the Earlston Academy Service.
  • Instances where the services or content do not adequately fulfill your specific educational needs.

It remains your sole responsibility to verify that the services align with your professional objectives and are suitable for your existing level of education and experience.

Third-Party Component Disclaimer

The stipulations outlined in this entire Section are applicable to all elements of the Earlston Academy Service and the Content.

SPECIFICALLY, EARLSTON ACADEMY PROVIDES NO WARRANTIES OR REPRESENTATIONS, EXPRESSLY STATED OR IMPLIED, IN RELATION TO ANY THIRD-PARTY COMPONENTS OF THE SERVICES, INCLUDING BUT NOT LIMITED TO EXTERNAL PROJECTS OR THIRD-PARTY CONTENT. EARLSTON ACADEMY WILL NOT BE HELD LIABLE FOR ANY FAILURE OF AN EXTERNAL COMPONENT TO OPERATE AS ANTICIPATED OR INTENDED.

Earlston Academy is also not accountable for any delays, delivery failures, or other forms of loss or damage stemming from the transfer of data across communication networks and infrastructure, including the Internet. You acknowledge that the Earlston Academy Service may experience limitations, lags, and other common issues inherent in the use of such networks.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY GOVERNING LAW, IN NO EVENT WILL EARLSTON ACADEMY—INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS—BE HELD LIABLE UNDER ANY LEGAL FRAMEWORK (WHETHER ARISING FROM CONTRACT, TORT, STATUTE, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOST REVENUES, PROFITS, GOODWILL, USE, DATA, OR ANY OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES KNEW OF OR WERE ADVISED OF THE POTENTIAL FOR SUCH DAMAGES), RESULTING FROM YOUR (OR ANY PERSON USING YOUR ACCOUNT'S) UTILIZATION OF THE EARLSTON ACADEMY SERVICE.

FURTHERMORE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EARLSTON ACADEMY’S TOTAL LIABILITY TO YOU EXCEED THE CUMULATIVE AMOUNTS PAID BY YOU TO EARLSTON ACADEMY FOR THE SERVICE.

Exclusions and Limitations

You understand and agree that Earlston Academy established the pricing for the Earlston Academy Service in reliance upon the limitations of liability and the disclaimers of warranties and damages detailed in the preceding sections. These specific terms constitute an essential and fundamental basis of the contract between us.

Please be advised that certain legal jurisdictions do not permit the exclusion of particular warranties or the limitation of liability for damages that are incidental or consequential. Consequently, some of the aforementioned limitations and disclaimers may not be fully enforceable against you. In cases where applicable law restricts Earlston Academy from fully disclaiming an implied warranty or limiting its liabilities, the scope and duration of such warranty and the extent of Earlston Academy's liability will automatically be adjusted to the minimum permissible under that governing law.

Indemnification

You agree to indemnify, defend, and hold harmless Earlston Academy—including its subsidiaries, affiliates, officers, directors, employees, consultants, and agents—from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees and defense costs) that they may incur arising from any of the following:

  • Any data or information you submit, post, or transmit on or through the Earlston Academy Service, or otherwise furnish to us. This specifically includes your User Content, Feedback, or any other submitted content.
  • Your breach of these Terms or any Additional Terms that may be enacted by us.
  • Your infringement of any applicable law or the rights of any other individual or entity. This includes, without limitation, violations of copyright, patent, trademark, trade secret, or other proprietary rights.

Right to Assume Defense: Should a circumstance requiring your obligation to indemnify Earlston Academy arise, Earlston Academy retains the right, at your expense, to assume the exclusive defense and control of the underlying matter. If this right is exercised, you agree to fully cooperate with Earlston Academy in defending against the claim and in utilizing any available legal defenses.

Minors and Capacity to Contract

The Earlston Academy Service is not intended for access or utilization by individuals under the age of 18. If you are less than 18 years old, you are prohibited from using the Earlston Academy Service.

User Acknowledgment

You affirm and confirm that you meet one of the following criteria:

  • You have attained the age of legal majority in your jurisdiction of residence, or
  • You have secured the necessary consent from your parent or legal guardian to utilize the Earlston Academy Service, or
  • You possess the legal status of an emancipated minor.
Parental Control Advisory Notice

In compliance with 47 U.S.C. Section 230(d), Earlston Academy hereby informs you that commercially available parental control tools (e.g., specialized computer hardware, software, or filtering services) exist. These mechanisms can assist in restricting access to material that may be inappropriate or harmful to minors. Information regarding providers of such protections can be found by conducting an Internet search for "parental control protection" or equivalent search terms.

Sanctions Compliance
Adherence to Laws and Regulations

You formally agree to adhere to all applicable trade, economic, and financial laws and regulations. These encompass, but are not limited to, restrictions enforced or administered by Switzerland, the United States, the European Union and its Member States, the United Nations Security Council, and any other pertinent governmental authorities (collectively referred to herein as "Sanctions").

Status Regarding Prohibited Parties and Territories

You warrant and confirm that neither you nor any of your affiliated parties (including agents, representatives, employees, or affiliates) are:

  • Located in, residents or nationals of, or formally organized under the laws of any territory or country subject to export embargoes or comprehensive Sanctions.
  • Named on any official Sanctions list.
  • Owned or, where applicable, controlled by any person or entity that is subject to Sanctions.
Prohibited Activities

You covenant that you will not, either directly or indirectly, conduct any business, engage in any financial dealings with individuals or entities subject to Sanctions, or participate in any activities that are expressly forbidden by Sanctions regulations.

Notification Obligation

You are required to promptly notify Earlston Academy should any event or fact occur that would render any of your compliance statements detailed above false, inaccurate, or misleading.

Verification

You acknowledge that Earlston Academy retains the right to request documentation or information from you at any time. This material may be used to verify your continuous compliance with these Sanctions requirements, and to confirm that all activities conducted under this Agreement are permissible under all applicable domestic and international laws, including all Sanctions and embargoes.

Right to Suspend or Terminate

Earlston Academy may immediately suspend or permanently terminate this Agreement if any of the following events occur:

  • You are found to be in breach of any of the preceding Sanctions compliance requirements.
  • You fail to provide requested documents or information, or the information provided is deemed insufficient.
  • Earlston Academy reasonably concludes that it is unable to fulfill its contractual obligations under this Agreement due to Sanctions-related restrictions.
Choice of Law and Mandatory Arbitration

Governing Law: These Terms of Use, along with all associated rights and obligations for both parties, shall be governed by and construed exclusively in accordance with the laws of the State of Delaware, without reference to any conflict of law principles.

Mandatory Arbitration: Any dispute, claim, or controversy stemming from or relating to this Agreement, including its breach, termination, enforcement, interpretation, validity, or the arbitrability of the claim itself, must be resolved through binding arbitration in New York before a single, impartial arbitrator.

Procedure and Administration: The arbitration process will be managed by JAMS (Judicial Arbitration and Mediation Services) and will strictly adhere to its Comprehensive Arbitration Rules and Procedures, alongside its Mass Arbitration Procedures and Guidelines (applying the definition of "Mass Arbitration" as 50 or more claimants, per Procedure 1(c)). This includes the use of the Expedited Procedures within those Rules.

  • Hearing Format: All hearings will be conducted remotely via online video conference.
  • Enforcement and Confidentiality: The resulting arbitration award may be enforced by any court possessing proper jurisdiction. Unless disclosure is required by law or court order, both parties must keep the arbitration proceedings (including any hearings) and the arbitration award confidential.
  • Costs and Fees: In any arbitration conducted under these Terms, the arbitrator(s) shall award the prevailing party their reasonable costs and attorneys’ fees. If a party prevails on only a portion of their claims, the arbitrator may allocate costs and fees proportionally to reflect the degree of success. The arbitrator is expressly prohibited from awarding punitive damages.

WAIVER OF CLASS ACTION: BY ENTERING INTO THIS AGREEMENT, YOU IRREVOCABLY WAIVE ANY RIGHT YOU MAY POSSESS TO JOIN OR CONSOLIDATE CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR ANY COMPARABLE PROCEDURAL MECHANISM. ALL CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.

Batch Arbitration Procedure: To maximize the administrative and resolution efficiency of arbitrations, if 50 or more similar arbitration demands are submitted to JAMS or an alternative provider (should JAMS be unavailable) against Earlston Academy within any 180-day period, and these demands are presented or coordinated by the same law firm or organization, the arbitration provider shall:

  • (i) Administer the demands in groupings ("batches") of 50 demands per batch. (Any remaining demands fewer than 50 will constitute a final batch).
  • (ii) Assign a single, distinct arbitrator for each batch (unless both parties agree to an alternative arrangement).
  • (iii) Require only a single set of filing fees (e.g., one filing fee, one case management fee, and one arbitrator compensation fee) payable per side per batch.

You agree to cooperate fully and in good faith with Earlston Academy and the arbitration provider to implement this “batch approach” or any comparable method designed for efficient claim resolution, including the necessary payment of single administrative and filing fees for claim batches. This "Batch Arbitrations" provision must not be interpreted as authorizing class arbitration of any kind.

Earlston Academy expressly maintains its right to raise unique and individual defenses against each claimant participating in this arbitration process.

Arbitration Fees

Your responsibility for covering any JAMS filing, administrative, or arbitrator fees is determined by the applicable JAMS Rules (as modified by the Batching provision in the preceding section). However, if you are able to demonstrate that the total costs of arbitration would be prohibitively expensive for you when compared to the cost of traditional litigation, Earlston Academy will reimburse the filing, administrative, or arbitrator fees. The amount reimbursed will be determined by the arbitrator and will be necessary solely to ensure that arbitration is not cost-prohibitive for you.

General Provisions (Miscellaneous)

Entire Agreement: These Terms, together with any Additional Terms and your Enrollment Agreement, constitute the complete and final understanding between you and Earlston Academy concerning your use of the Earlston Academy Service.

No Waiver of Rights: Should Earlston Academy fail to enforce any specific provision of these Terms or Additional Terms, this forbearance does not constitute a waiver of our right to enforce that provision in the future.

Severability: If any clause within these Terms or Additional Terms is determined to be legally unenforceable, that clause shall be modified and enforced to the maximum degree possible to reflect its original intention. All remaining clauses of the Terms and Additional Terms shall retain their full force and effect.

Modifications to Terms

Earlston Academy reserves the right to revise and update these Terms at any time, based on our sole discretion. All revisions to these Terms or our Privacy Policy become immediately effective upon posting.

Your continued use of the Service following the implementation of changes signifies your acceptance of the updated Terms. If you disagree with any modifications, you must immediately cease using the Earlston Academy Service and contact us without delay.

 Assignment and Transfer

Earlston Academy reserves the right to transfer, assign, subcontract, or otherwise manage its rights and obligations under these Terms at any time, without requiring your prior consent.

Furthermore, Earlston Academy also retains the right to assign any claims pertaining to your outstanding financial liabilities to third-party entities, and to furnish those parties with all necessary information regarding those liabilities.

Earlston Academy LLC

3350 Lenox Rd NE Suite 750 

Atlanta, GA 30350

E-mail: contact@earlstonacademy.com

Formal Complaint Procedure

To formally initiate a complaint, please adhere to the following steps:

  • Draft a Written Statement: Prepare a written account that clearly specifies the nature of the issue you have encountered.
  • Provide Detailed Context: Include a comprehensive description of the problem, ensuring all relevant circumstances and contextual details are included.
  • Attach Supporting Evidence: If available and applicable, include any documentation or material that may assist in the investigation of your claim.

Please forward your complete written complaint package to the following address:

Earlston Academy LLC

3350 Lenox Rd NE Suite 750 

Atlanta, GA 30350

E-mail: contact@earlstonacademy.com

By utilizing the Earlston Academy Service, you consent to abide by these rules and all supplementary guidelines provided by us. Should you have any questions regarding these Terms, please contact us at support@earlstonacademy.com prior to accessing the Service.