Terms of Service
Last Updated January 19, 2024
Services provided by Algorithm Learning LLC ("Algorithm Learning") are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of services, the Algorithm Learning website ("Website"), or communication constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Pricing & Terms of Payment
The price for services to be provided will be set forth in email invoices or formal statements of work. Algorithm Learning may, after the initial term of an Exhibit of Statement of Work, increase charges for Services rendered from date of notice onward by giving the Client thirty (30) days written notice. All reasonable travel, lodging, car rentals, and meal expenses will be billed to the Client unless otherwise specified in SOW or Exhibit. Failure to pay within specified terms may at the option of Service Provider result in the suspension of services and imposition of interest charges at the rate of a 1.5% per month or the highest allowed by law, whichever is lower. Delivery of services will occur within 365 days of payment.
Refund Policy
All sales are final. Algorithm Learning does not offer any money-back guarantees or cancelation of orders. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances and accept the risk associated with the purchase of any service.
Third Party Services
Certain services made available by Algorithm Learning may be delivered by third party sites and organizations. By using any product, service or functionality originating from Algorithm Learning, you hereby acknowledge and consent that Algorithm Learning may share such information and data with any third party with whom Algorithm Learning has a contractual relationship to provide the requested product, service or functionality on behalf of Algorithm Learning users and customers.
The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Algorithm Learning and Algorithm Learning is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Algorithm Learning is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Algorithm Learning of the Website or any association with its operators
Fees & Taxes
Client, at its expense, shall pay, discharge, and be responsible for, all taxes, duties, or VAT levied against service fees, business, sales, use, or other similar taxes or assessments charged or levied by reason of anything performed under this Agreement, excluding, however, all taxes and assessments applicable to Service Provider income or applicable to Service Provider property. If Service Provider is required to remit any fee, tax, or duty on behalf of or for the account of Client, Client will reimburse Service Provider within ten (10) days after Service Provider notifies Client in writing of such remittance.
Proprietary Rights
Except for deliverables as set forth in statement of work, Algorithm Learning does not convey or transfer nor does Client obtain any right or interest in any of the software programs, systems, tools, data or materials or process utilized or provided by Algorithm Learning in connection with the performance of this Agreement.
Electronic Communications
Use of Website or correspondence via phone, chat, or emails to Algorithm Learning constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Algorithm Learning statement of work defined deliverables strictly in accordance with these terms of use. As a condition of your receipt of services, you warrant to Algorithm Learning that you will not use the services for any purpose that is unlawful or prohibited by these Terms. You may not use the services in any manner which could damage, disable, overburden, or impair Algorithm Learning’s ability to deliver services to other Clients, or interfere with any other party's use or deployment of services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you. All content included as part of the Website and services, such as text, graphics, logos, images, as well as the compilation thereof, and any training or explanatory materials is the property of Algorithm Learning and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Your use of the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Algorithm Learning and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Algorithm Learning or our licensors except as expressly authorized by these Terms.
Compliance with International Laws
Algorithm Learning is operated and administered from our office in North Carolina within the United States of America. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree you will not use the Algorithm Learning Content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Minor Persons
Algorithm Learning does not intend to, and does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. Client representatives must be over the age of eighteen (18) to transact or coordinate services with Algorithm Learning.
Indemnification
You agree to indemnify, defend and hold harmless Algorithm Learning, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Algorithm Learning reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Algorithm Learning in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties located in the United States of America, within the state of North Carolina.
The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Algorithm Learning agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALGORITHM LEARNING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.ALGORITHM LEARNING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ALGORITHM LEARNING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALGORITHM LEARNING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALGORITHM LEARNING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Term / Access Restriction
Algorithm Learning reserves the right, in its sole discretion, to terminate your access to the services without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Algorithm Learning as a result of this agreement or use of the Website or solicitations received by you. Algorithm Learning's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Algorithm Learning's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Algorithm Learning with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Algorithm Learning with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Algorithm Learning. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Algorithm Learning reserves the right, in its sole discretion, to change the Terms under which services are offered. The most current version of the Terms will supersede all previous versions. Algorithm Learning encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Algorithm Learning welcomes your questions or comments. Please send correspondence via email to hello@algorithmlearnings.com
or via mail to:
Algorithm Learning LLC
300 S. Main st., suite 212
Holly Springs, NC 27540