Terms Of Service

Terms Of Service

OVERVIEW
This MVA website(s) is operated by Michael Vincent Academy, Inc. (MVA). Throughout the MVA
website(s), the terms “MVA”, “us” and “our” refer to Michael Vincent Academy, Inc. (MVA).
Michael Vincent Academy offers this MVA website(s), including all information, tools and services
available from this MVA website(s) to you, the user, conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.

By visiting our MVA website(s) and/ or purchasing something from MVA, you engage in our “Service”
and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”),
including those additional terms and conditions and policies referenced herein and/or available by
hyperlink. These Terms of Service apply to all users of the MVA website(s), including without
limitation users who are browsers, vendors, customers, merchants and/or contributors of content.

Please read these Terms of Service carefully before using the MVA website(s). By accessing or using
any part of the MVA website(s), you agree to be bound by these Terms of Service. If you do not
agree to all the terms and conditions of this agreement, then you may not use any services. If
these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of
Service.

Any new features or tools which are added to any online store linked to from the MVA website(s)
shall also be subject to the Terms of Service. You can review the most current version of the Terms
of Service at any time on this page. MVA reserves the right to update, change or replace any part
of these Terms of Service by posting updates and/or changes to our MVA website(s). It is your
responsibility to check this page periodically for changes. Your continued use of or access to the
MVA website(s) following the posting of any changes constitutes acceptance of those changes.

The MVA store is hosted by WooCommerce and/or Shopify Inc. which provides the online ecommerce
platform to allow the sales of MVA products and services. The online course delivery is provided
by Thinkific.com. In addition, MVA may use other third party services for the MVA website(s)
and/or distribution of learning modules and/or online stores and reserves the right to change third
party services at any time.

SECTION 1 – RIGHT OF USE
By agreeing to these Terms of Service, you represent that you are the age of majority in your state
or province of residence, or that you are the parent/guardian and you have given MVA your consent
to allow any of your minor dependents to use the MVA website(s).

You may not use MVA products for any illegal or unauthorized purpose nor may you, in the use of the
Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You
must not transmit any worms or viruses or any code of a destructive nature. A breach or
violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS
MVA reserves the right to refuse service to anyone for any reason at any time.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any MVA
materials and/or service, or use of the Service, or access to the Service or any contact on the MVA
website(s) through which the service is provided, without express written permission by MVA.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
MVA is not responsible if information made available on this MVA website(s) is not accurate,
complete or current. The material on this MVA website(s) is provided for general information only
and should not be relied upon or used as the sole basis for making decisions without consulting
primary, more accurate, more complete or more timely sources of information. Any reliance on the
material on this MVA website(s) is at your own risk.

This MVA website(s) may contain certain historical information and may not be current and is
provided for your reference only. MVA reserves the right to modify the contents of this MVA
website(s) at any time, but has no obligation to update any information on our MVA website(s). You
agree that it is your responsibility to monitor changes to our MVA website(s).

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.

MVA reserves the right at any time to modify or discontinue the Service (or any part or content
thereof) without notice at any time.

MVA shall not be liable to you or to any third-party for any modification, price change, suspension
or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the MVA website(s). These
products or services may have limited quantities and are subject to return or exchange only
according to our Return Policy.

MVA has made every effort to display as accurately as possible the colors and images of our
products that appear at the store. MVA cannot guarantee that your computer monitor’s display of any
color will be accurate.

MVA reserves the right, but is not obligated, to limit the sales of our products or services to any
person, geographic region or jurisdiction. MVA may exercise this right on a case-by-case basis. MVA
reserves the right to limit the quantities of any products or services that MVA may offer. All
descriptions of products or product pricing are subject to change at any time without notice, at
the sole discretion of MVA. MVA reserves the right to discontinue any product at any time. Any
offer for any product or service made on this MVA website is void where prohibited.

MVA does not warrant that the quality of any products, services, information, or other material
purchased or obtained by you will meet your expectations, or that any errors in the Service will be
corrected.

SECTION 6 – PAYMENTS

If you choose to pay course fees in future installments, you are obligated and agree to continue to
make your scheduled payments until the entire tuition amount has been paid.

Tuition installment payments are processed according to a fixed schedule. It is your responsibility
to ensure the credit card provided has sufficient funds to cover your monthly tuition payment. It
is your responsibility to inform MVA with any possible future credit card problems in processing
your payment.

Purchases on any MVA website, including the Thinkific MVA and the MVA WooCommerce and/or MVA
Shopify website involves the use of a third-party payment processor, such as Stripe, Authorize.Net,
or other secure processors chosen by MVA. Payments are encrypted through the Payment Card Industry
Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is
necessary to complete your purchase transaction.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security
Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and
Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our MVA website
and related courses and its service providers.

MVA reserves the right to refuse any order you place with us. MVA may, in our sole discretion,
limit or cancel quantities purchased per person, per household or per order. These restrictions may
include orders placed by or under the same customer account, the same credit card, and/or orders
that use the same billing and/or shipping address. In the event that MVA makes a change to or
cancels an order, MVA may attempt to notify you by contacting the e‑mail and/or billing
address/phone number provided at the time the order was made. MVA reserves the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or
distributors.

SECTION 7 – SHIPPING
All physical course materials that may be included with the purchase of an online course and/or an
on-site course are shipped within three (3) business days from the date of enrollment and delivery
expected within ten (10) business days.

SECTION 8 – REFUNDS

You have three (3) days from the date of purchase of online courses to examine the course and
materials. If you are not entirely satisfied, you may request a refund and the request will be
reviewed by MVA.

If a refund is approved, only the portion of the course pertaining to online instruction and/or
in-house training will be refunded. Any physical materials, (such as make-up kits) will not be
refunded and the value of the materials will be deducted from any approved refund amount.

Partial refunds are not available. If a course has started, you may apply for an extension and/or
a hiatus for up to one (1) year.

Refunds are not available for any reason that may be deemed to be Force Majeure (eg: Covid-19). In
any such instance, training will be either delayed or for in-house courses, an alternative online
course will be offered.

SECTION 9 – COURSE REQUIREMENTS
You have one (1) year to complete your courses unless an extension is requested and granted by MVA.

Courses require assignments to be completed and submitted for grading to allow you to be eligible
to receive grading. Completed courses with a passing grade, and all associated fees/tuition costs
for the courses being paid in full, will result in you receiving a certificate.

Course assignments are allowed to be resubmitted until a passing grade is achieved.

MVA shall provide communication systems to interact and consult with instructors. MVA reserves the
right to offer personal consultations with tutors when MVA deems necessary.

SECTION 10 – MVA CANCELLATIONS

MVA reserves the right to cancel all access to online courses and/or in-house courses for any form
of cheating, plagiarism and/or violation of copyright by a student or for any form of abusive,
threatening or offensive behavior.

SECTION 11 – OPTIONAL TOOLS
MVA may provide you with access to third-party tools over which MVA neither monitor nor have any
control nor input.

You acknowledge and agree that MVA provide access to such tools ”as is” and “as available” without
any warranties, representations or conditions of any kind and without any endorsement. MVA shall
have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the MVA website is entirely at your own risk and
discretion and you should ensure that you are familiar with and approve of the terms on which tools
are provided by the relevant third-party provider(s).

MVA may also, in the future, offer new services and/or features through the MVA website (including,
the release of new tools and resources). Such new features and/or services shall also be subject to
these Terms of Service.

SECTION 12 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from
third-parties. Third-party links may direct you to third-party MVA websites that are not affiliated
with MVA. MVA is not responsible for examining or evaluating the content or accuracy of such links
and is not liable for any harm or damages related to the purchase or use of goods, services,
resources, content, or any other transactions made in connection with any third-party websites

SECTION 13 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at MVA request, you send certain specific submissions (for example contest entries) or without
a request from us you send creative ideas, suggestions, proposals, plans, or other materials,
whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that
MVA may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. MVA are and shall be under no obligation
(1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to
respond to any comments.

You agree that your comments will not violate any right of any third-party, including copyright,
trademark, privacy, personality or other personal or proprietary right. You further agree that your
comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain
any computer virus or other malware that could in any way affect the operation of the Service or
any related MVA website.

SECTION 14 – PERSONAL INFORMATION & PRIVACY STATEMENT
MVA will collect the personal information you give us such as your name, address, phone number, and
email, when you enroll as a student for online learning and/or inhouse courses.

MVA may send you emails about our MVA and related course(s), registration, course content, your
course progress or other updates. MVA may also use your email to inform you about changes to the
course, survey you about your usage, or collect your opinion. You have the right to opt-out at any
time from receiving email by emailing opt-out@mva.la.

MVA may disclose your personal information if MVA are required by law to do so.

SECTION 15 – COOKIES

MVA and/or any of the third party sites/services that MVA may utilize will collect cookies or
similar tracking technologies. This information can be used to track your session on the MVA
website pages and/or affiliated pages. Cookies may also be used to customize the content for you as
an individual. If you are using one of the common Internet website browsers, you can set your
browser to inform you a cookie is received or to deny cookie access to your computer.
Opting out: You can opt out of targeted ads or any service.

SECTION 16 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our MVA website or in the manuals, or in services that
contains typographical errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, availability and more. MVA reserves the
right to correct any errors, inaccuracies or omissions, and to change or update information or
cancel orders if any information in the Service or on any related MVA website is inaccurate at any
time without prior notice (including after you have submitted your order).

SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
MVA does not guarantee, represent or warrant that your use of our service will be uninterrupted,
timely, secure or error-free or that the results that may be obtained will be accurate.

In no case shall MVA, or its directors, officers, employees, affiliates, agents, contractors,
interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any
direct, indirect, incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or
any similar damages, whether based in contract, tort (including negligence), strict liability or
otherwise, arising from your use of any of the service or any products procured using the service,
or for any other claim related in any way to your use of the service or any product, including, but
not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred
as a result of the use of the service or any content (or product) posted, transmitted, or otherwise
made available via the service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum
extent permitted by law.

If in our sole judgment you fail, or MVA suspect that you have failed, to comply with any term or
provision of these Terms of Service, MVA also may terminate this agreement at any time without
notice and you will remain liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision. Any ambiguities in the interpretation of these
Terms of Service shall not be construed against MVA.

SECTION 19 – GOVERNING LAW

These Terms of Service and any separate agreements whereby MVA provide you Services shall be
governed by and construed in accordance with the laws of the United States.

SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. MVA
reserves the right, at our sole discretion, to update, change or replace any part of these Terms
of Service by posting updates and changes to our MVA website. It is your responsibility to check
our MVA website periodically for changes. Your continued use of or access to our MVA website or the
Service following the posting of any changes to these Terms of Service constitutes acceptance of
those changes.

SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at online@mva.la.

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