We are a limited company registered in England and Wales. M-Intensive University is a Graham & Horton techniques online School and Continuing Education Provider under company number 12564799. Our registered office is 20-22, Wenlock Road, London, England, N1 7GU.
In these Terms and Conditions, the following definitions are used:
We or us: M-Intensive University, our course leaders, instructors, jury members and any third party collaborating with us.
User, Student, Students or You: any third party that accesses the Website and is not either (i) employed by M-Intensive and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to M-Intensive and accessing the Website in connection with the provision of such services.
M-Intensive ODT MIU Ltd’s websites are for your own personal and non-commercial use.
M-Intensive ODT MIU Ltd, m-intensive.co.uk, and m-intensiveuni.com (“the websites”) will not be liable for any losses incurred by you in connection with your use of the website, for any delay in using or your inability to use the websites, for any information or products obtained through the websites or for any material posted to the websites by users of the websites.
Videos on demand and classes are non-refundable, non-transferable, and cannot be shared or sold. If you’re unable to attend your scheduled class, bookings can be transferred as gift cards to friends and family.
Open live classes, Workshops, Private Groups, and 1-on-1 Programme sessions cannot be rescheduled more than twice and, therefore, will be lost. Any online live classes booked and unattended without providing a reason in writing by email will be lost, non-refundable and non-transferable.
All open live classes, workshops, Private Groups and 1-on-1 Programmes on Zoom are hosted by M-Intensive Online Dance Training, M-Intensive ODT MIU Ltd including M-Intensive University’s classes.
Out of courtesy for our teachers and participants in our online live Zoom sessions, all attendees must share their cameras during live lessons to protect everyone's online safety. M-Intensive ODT MIU Ltd, M-Intensive University, and our instructors reserve the right to withdraw any participant from live lessons if this procedure is not followed.
Please remember you participate in this class at your own risk, are participating voluntarily, and assume all risk of injury to yourself. M-Intensive ODT MIU Ltd, M-Intensive University, and our instructors will not be liable for any losses, injuries, or damages from the use of these online or in-person classes.
These videos are for private use only. Selling to third parties or posting on social media is considered an offence.
Please do not record this class and remember it is for your use only.
Please warm up properly before the class.
The class is open only to enrolled students. Uninvited guests attending or taking notes will be considered an offence, resulting in exclusion without refunds.
In-studio and online lessons will not be rescheduled more than once. An additional administrative fee will apply if a session is rescheduled. We cannot guarantee that the same time, location, and duration as previously booked will be available. In-studio and online lessons that require rescheduling more than once will be addressed individually and will be permitted only for exceptional circumstances when deemed appropriate. Lessons that are rescheduled and made available to you by our staff or guest instructors, and that are not attended, will not be eligible for a refund and will be regarded as forfeited by the customer.
M-Intensive and Gift Cards are non-refundable.
Gift Cards can be used to purchase classes, workshops, or merchandise at The Shop.
Lost or stolen cards will not be replaced if lost, stolen, or destroyed.
M-Intensive and Gift cards are not exchangeable or redeemable for cash.
Your order for goods is accepted and a contract is formed between M-Intensive ODT MIU LTD and you when we despatch the goods you have ordered and not before. A contract is not formed at the point in time that payment has been taken from you by M-Intensive ODT MIU LTD, nor at the point in time that you receive an email from M-Intensive ODT MIU LTD acknowledging receipt of your order. Until the goods are despatched the order may not be accepted by M-Intensive ODT MIU LTD. Exceptions apply to orders for personalised items and goods made to your order which cannot be cancelled by you once you have received an email confirmation that your order has been received, as such items and goods may already be in production as a result of your order.
For England, Scotland & Wales, standard courier delivery charge to home is £3.99 per delivery. The Website will confirm our charge to deliver your products to an international address before you place your order for the international delivery service. All courier delivery services are subject to stock, courier area, availability, and demand. When the standard courier service is not available, M-Intensive ODT MIU LTD will deliver by an alternative carrier and this may take longer and perhaps affect the cost of the delivery. Orders placed on a Saturday will be delivery on Monday.
There are NO CASH REFUNDS available.
Return merchandise within 14 days (in new or like-new condition) for a prompt exchange (excluding delivery charges).
Defective material will be handled on an individual basis.
If you return the whole order the delivery charge will be refunded.
If you have specific questions about exchanging an item, please contact us at info@m-intensive.co.uk or call us at +44(0)20 3908 0020
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Members’ are required to pay for their membership at the time of purchase and then every month there following on the same date each month. We may terminate your membership and remove you from all our M-Intensive ODT MIU Ltd and M-intensive University platforms if your payment fails and we are unable to contact you to collect this. All products and materials within the membership will always remain the property of the business and are not to be reproduced or distributed.
M-Intensive ODT MIU Ltd and M-Intensive University are not liable for any late payment fees or reclaimed failed payments by PayPal. For members making their monthly membership payment through PayPal, it is your responsibility to ensure your bank card details are correct and up to date, to do this you can follow the steps on the PayPal site here. Should you cancel your membership with M-Intensive University, it is your responsibility to ensure your recurring payment is cancelled with PayPal directly to save any future payments being taken by PayPal.
Please make yourself aware of PayPal’s Privacy Policy if this is your chosen payment gateway for your membership.
M-Intensive University does not accept payment in the form of cheques. Consequently, all purchases and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Cancellation Policy and Refunds Policy
You may cancel your monthly membership at any time. This excludes new members joining on an annual membership. Membership plans are non-refundable.
Existing or returning members, who have joined again, may cancel their membership via the same methods as mentioned above, however, payment will not be eligible for a refund, you will continue to have access to the membership until your cancellation takes effect on the day or so before your next billing date.
For annual subscriptions, you may cancel your membership at any time, meaning it will not renew after the initial 12 months. We do not offer refunds on annual membership subscriptions.
If you have signed up for the monthly membership subscription and would like to switch to an annual membership, our team will be happy to help transfer this for you. Please allow at least 3 days prior to your monthly billing date for us to process the change from a monthly to annual membership in time. Switching from an annual membership to monthly membership is not possible during your first 12 months, however, if at the end of your 12-month membership you would prefer to pay monthly instead, our team can happily help you with this.
M-Intensive University, M-Intensive ODT MIU Ltd, and its staff reserve the right to terminate or cancel any subscription and revoke access immediately to any of our online programs and memberships if a member's contact details, including postal address, email address, name, or customer/payment ID, are linked to previous disputes, fraud, scams, or any suspected online activities. M-Intensive University ODT MIU Ltd (MIU) and its staff and instructors, including guest teachers and jury members, cannot be held liable for denying membership or services to customers' accounts created on the platform and associated with such activities or prior disputes. Access to all our platforms will be removed immediately, and the customer will be blocked or flagged without prior notice. Customers who repeatedly join MIU with a membership to engage in fraudulent activities, initiate disputes, and obtain chargebacks will have their details recorded for potential legal action. The law will manage IP addresses and payment IDs.
Refunds will be issued where appropriate.
The Company, from time to time, provides various courses, programmes, and associated material for sale separately to the membership. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses in any manner.
MIU members can use elements of the choreography created at MIU as an inspiration for their classes and work in their professional activities. However, they must give partial or full credit, if appropriate, to MIU and its instructors if they use it as they are in their own classes or works and share it on social media or any other internet platforms as a courtesy. It is not permitted to use works created by MIU's instructors on stage or claim it as their own works on the internet and in live events. Any violations will be considered an offence.
By ordering our Courses, you agree that the Courses you purchase or download may only be used by you for your personal and teaching use and may not be sold or redistributed without the express written consent of the Company. You shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses. Not following the above shall be a breach of these terms and conditions.
No refunds are given for a Course you have ordered. We clearly lay out what you will be getting from a particular course on the sales page before purchase, this will give you a full understanding of what to expect within the course. If you have any queries regarding any Courses you can contact info@m-intensive.co.uk prior to purchase.
Although we welcome teachers and dancers from any academic dance background, the Graham and Horton teacher training is not open to beginners. To enrol in the Certification Programme, participants should have relevant dance training. M-Intensive ODT MIU Ltd, M-Intensive University MIU, and its representatives reserve the right to refuse to register you and withdraw you from the Certification Programme or any other courses if you are unfit to follow our online or in-person training.
Video Application:
M-Intensive University ODT MIU Ltd (MIU), M-Intensive University, along with its staff and instructors, including guest teachers and jury members, shall not be held liable for any issues arising from prospective and current students' use of the Horton and Graham Certification application videos and guidelines publicly available on our websites. This liability includes any videos submitted for their weekly assignments.
Registration:
Students must pay all tuition and membership fees before the due date indicated on our website and in the email they receive after applying for the Certification Programme to register and receive their Teacher Training. Failure to meet these requirements by the due date will result in exclusion from the Teacher Training Programme. Any partial payments made will be refunded, excluding the membership fees, if the platform is accessible for a certain period of time.
You do not buy your certificate at M-Intensive University; therefore, you have no guarantee of being successful at the examination after any payment is made. M-Intensive ODT MIU Ltd and its instructors have no obligation to deliver your Teacher Certificate or influence the jury members on your examination day.
To take your final exam, you must be a member of MIU and complete our online teacher training. You cannot be certified if you cancel your subscription before the final examination (if you are on a monthly plan), do not complete your short essay, or do not attend the live classes scheduled with your instructor.
Training period:
M-Intensive University and our instructors reserve the right to modify the length of students' training period for administrative and training reasons, including teachers' availability and students' absences. Students who do not meet the requirements set by their course leader in our continuous teacher training will not be eligible to take the final examination and will be enrolled in an extended teacher training course for a set period. An additional fee will be charged.
Attendance: Students who cancel classes less than 48 hours before their starting time will lose the class.
Assessments and Tasks:
From time to time, students will be required to produce tasks and participate in assessments to evaluate their progression and accumulate points before the final examination. Failure to comply with these requirements can impact students' marks and diminish their chances to access their final examination.
Teacher Training Certification Level:
After an application is reviewed, students who join MIU will be notified by email about their eligibility for a specific certification. Students are fully aware of the certification level for which they can be trained. MIU and its instructors, including course leaders, reserve the right to lower the certification level if a student does not meet the requirements set in the teacher training they enrolled in. Conversely, students who demonstrate the requirements set in the teacher training and above may be eligible for a higher level of certification upon assessment. Any students affected by these changes will be notified verbally and by email by course leaders.
Examination:
MIU's Horton and Graham Certification Students must complete an examination before graduating to complete their course. Students joining our teacher training should comply with our terms and conditions and follow our code of conduct before entering their examination session and after completion as described below:
M-Intensive University and our course leaders will offer students different examination settings. Options will be handled individually up to seven days before the examination.
M-Intensive University, our course leaders and jury members reserve the right to set and modify the length of your examination without notice before the session starts and when the examination has started.
M-Intensive University reserves the right not to disclose the names of the jury members before the completion of the examination.
Students are required not to contact the jury members before and after the completion of their examination, including via email and social media.
M-Intensive University, our course leaders and jury members reserve the right not to provide feedback after completing any course and examination. When appropriate, students will be provided with a detailed report with relevant information within two months after the completion of their examination.
M-Intensive University, our course leaders and jury members are not liable and accountable for unsuccessful examination. Our course leaders prepare MIU's students with the utmost care and ensure our students access their examination after fully completing the teacher training set by our course leaders and are considered examination-ready to the best of their knowledge.
Students participate in this examination at their own risk, participate voluntarily, and assume all risk of injury to themselves. M-Intensive ODT MIU Ltd, M-Intensive University, our jury members and instructors will not be liable for any losses, injuries, or physical and mental damages from accessing our examinations and lessons.
M-Intensive University ODT MIU Ltd (MIU), alongside its staff and instructors, including guest teachers and jury members, cannot be held liable for any issues arising from students using the Horton and Graham Certification after passing their examination. This includes any copyright infringement related to their qualifications in lesson or performance settings. MIU Graham and Horton Registered Teachers must ensure they provide their students with a safe and nurturing learning environment and obtain the necessary insurance or legal authorisation before teaching or creating performances using the Graham and Horton syllabi.
By joining M-Intensive University, entering our Graham & Horton teacher training, and presenting their lesson for their examination, our students agree to our terms and conditions and the present code of conduct before and after completing our Horton or Graham teacher training.
We reserve the right, at our discretion, to change, modify, add to, or remove portions of the Terms and Conditions and present code of conduct (collectively, "Changes") at any time. Your continued use of the site, our classes, workshops and examinations following the changes will mean you accept and agree to the Changes.
Teacher Training Termination Policy:
M-Intensive University, M-Intensive ODT MIU Ltd, and its course leaders reserve the right to end your teacher training before the agreed-upon period if you are unfit and fail to meet the training requirements. This includes instances where students are considered unteachable due to factors such as fitness, illness, unwillingness to follow instructions, failure to act on feedback from instructors and course leaders, and repeated behavioural incidents towards course leaders impacting the delivery of the teacher training plan. When students do not consistently apply the corrections given in the teacher training, it hinders effective teaching and the attainment of certification-ready results. Repeated behavioural incidents toward course leaders during teacher training are considered an offence and will immediately terminate a student's teacher training without warning.
In the event of termination, students will receive an email notification or discuss the reasons for the termination during the teacher training lesson with their course leader/school director. If eligible, they will be offered an alternative teacher training plan that meets their needs or the option to join the teacher training later. CPD Certificates of attendance and letters of recommendation can be issued when appropriate. Tuition and administration fees are non-refundable for students who withdraw from their teacher training before the final examination when the courses provided were utilised.
Partial refunds for examination fees and training that were paid but unattended may be considered individually, or the students can access an alternative course of the same value if appropriate.
We do not offer refunds on tuition and administration fees for not attending or dropping out of a Private or Teacher Training course, including the Contraction, Fortification, Modern Dance Programme and the Horton/Graham Certification Programmes at M-Intensive University. Our head office will contact students regularly in case of repeated absences. Students are required to let our head office be aware by email (info@m-intensive.co.uk) of any circumstances arising on their end that can cause a severe disruption of their studies to allow M-Intensive University and our team to put in place the necessary adjustments to help them pursue their course within 72 hours. Students not responding to the emails sent by our head office (info@m-intensive.co.uk) or interrupting communication with our team members for two consecutive weeks and for any reason will be considered as dropping out of their course without refunds on tuition and administration fees.
When appropriate, CPD Certificates of attendance and letters of recommendation can be issued upon request to students quitting before the end of the agreed-upon training period.
Assessments are ongoing, and If you require more training before accessing the final examination or are unsuccessful at the examination, you should enrol in an additional course with your instructor to receive the support needed before taking another examination. An additional fee applies every time students join a new course and/or take a new evaluation.
Students rejoining a course they haven't completed after dropping out can do so with a derogation. Upon eligibility, they will have access to an Accelerated Course for Certification Levels 3-5 (to be confirmed upon ongoing assessment). A tuition fee applies.
Participants cannot take The Horton or Graham Techniques Examination more than three consecutive times in the academic year.
The information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
Links from this website
We do not monitor or review the content of the other party’s websites that are linked to this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright Notice
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
This Company’s logo is a registered trademark of this Company in the United Kingdom and other countries. The brand names and specific services of this Company featured on this website are trademarked.
Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, an act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Waiver
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he/she or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
General
The laws of England and Wales govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied, or supplemented except in writing and signed by duly authorised representatives of the Company.
Notification of Changes
The Company reserves the right to change these conditions from time to time as it sees fit, and your continued use of the site will signify your acceptance of any adjustment to these terms. However, we encourage visitors to our website to check our policies available for changes. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by email will be made to those affected by this change. You are therefore advised to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the Customer and ourselves. Your accessing of this website and/or undertaking of purchase, membership, or Agreement indicates your understanding, agreement to, and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
Students joining our Certification Programme at M-Intensive University, our Private Programmes, or any other live courses are asked to respect every member of our team. We will not tolerate any abuse, disrespectful behaviour or email towards any member of our team including our Guest Teachers. M-Intensive ODT MIU Ltd, M-Intensive University MIU, and its representatives reserve the right to refuse to register you and withdraw you from any online or in-studio courses including our Certification Programme and CPD Teacher Training if you are not respectful of these essential rules.
Student Discipline Procedure
Purpose
The purpose of the procedure is to regulate student behaviour in order to secure the proper working of the University in the broadest sense. In support of this goal, students are expected to conduct themselves at all times in a manner which
Demonstrates respect for staff, fellow student, and University property;
Enhances the reputation of the University;
Is sensitive to a culturally diverse environment; and
Demonstrates active engagement in the learning process, a commitment to university-level study, and determination to succeed.
Grounds
The following list of behaviour which might be considered a disciplinary offence is illustrative only and in no way limits the breadth of the definition of a disciplinary offence or prevents the University thereof from considering and adjudicating upon any other conduct or action which appears to constitute a breach of discipline.
a) Failure to adhere to the requirements of any policies, notices or codes of conduct that the University may, from time to time, introduce;
b) disruption of, or improper interference with, the academic, administrative, social or other activities of the University, including offensive behaviour, whether on University premises or elsewhere;
c) obstruction of, or improper interference with, the functions, duties or activities of any student, member of staff or other employees of the University or any authorised visitor to the University;
d) persistent failure to attend classes, tutorials or laboratories in the curriculum;
e) falsification or serious misuse of University records, including degrees, diplomas or certificates;
f) behaviour which brings the University into disrepute;
g) intentional or reckless damage to, or defacement of, University property (including property on loan to the University) or the property of members of the University, including an institution or organisation attended as part of a University course;
h) misuse or unauthorised use of University premises, facilities or items of property;
i) failure to disclose the name and other relevant details or to show identification to an officer or employee of the University in circumstances when it is reasonable to require that such information be given;
j) failure to comply with a previously-imposed penalty under these procedures;
k) failure to treat others (students, staff, visitors and other people in the community) fairly and in accordance with the University‟s Dignity & Respect Policy;
l) acts of dishonesty, including theft, fraud, deceit, or deception in relation to the University, its staff or students;
m) acts of academic dishonesty, including plagiarism, collusion and examination irregularities;
n) actions likely to cause injury, impair safety or raise false alarms on University premises;
o) harassment (of any kind) of any student, member of staff, or any authorised visitor to the University;
p) violent, disorderly, threatening or offensive behaviour or language whilst on or off University premises whether directed towards a member of staff, another student or member of the public
q) conduct which constitutes a criminal offence where that conduct:
takes place on University premises, or
affects or concerns other members of the University community, or
damages the good name of the University, or
itself constitutes a disciplinary offence within the terms of these procedures.
For the avoidance of doubt, the University may proceed under student disciplinary procedures notwithstanding the instigation of any criminal proceedings. However, the University reserves the right to defer action pending any criminal investigation or prosecution.
r) any other act or behaviour which may be reasonably interpreted as a disciplinary offence notwithstanding the lack of equivalent examples above.
Process
The University shall have the right to investigate any allegation of misconduct against a student and may take disciplinary action where it decides, on the balance of probabilities, that a disciplinary offence has been committed.
In all cases, an investigation will be undertaken. If a disciplinary offence is later deemed to be a major offence then the University Secretary and Compliance Officer or nominee may appoint an appropriate person to undertake further investigations. Any investigation will include an interview of the student(s) concerned.
For cases where a student withdraws from the university whilst a disciplinary investigation is ongoing, the disciplinary case shall be concluded in the student’s absence, if necessary.
Available on request, an estimate will give you a rough idea of the cost before finalising your plans and sending them out for quotes at our head office. We cannot deliver a quote for Private coaching programmes, including the Certification Programmes at MIU, before an evaluation of your technical level has been made in an assessment with your instructor.
An estimate is not a set price but roughly how much M-Intensive ODT MIU Ltd and its representatives think the job will cost, based on skill and past experience. An estimate can be verbal or in writing — there’s no legal difference between a written or oral estimate. The actual price may be more or less within 10 to 20 percent of the final cost.
You might request estimates, quotes, or additional documentation to get financial help from a third party before joining one of our Programmes. M-Intensive ODT MIU Ltd and its representatives can provide such documents. An additional fee applies. Payment will be due in full before joining a course.
We reserve the right, at our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. Your continued use of the Site following the changes will mean that you accept and agree to the Changes.
Our inter-advanced level online and in-studio Horton and Graham Techniques training is unsuitable for children under 13. However, students under 13 might be eligible to participate in our 1-On-1 Programmes, Workshops at a beginner level, and open online and in-studio classes after examination with one of our instructors or representatives. M-Intensive ODT MIU Ltd will individually handle students' applications under 13.
M-Intensive ODT MIU Ltd, M-Intensive University MIU, and its representatives reserve the right to refuse to register you and withdraw you from any online or in-studio courses for your own safety if you are unfit to follow our online or in-person training.
M-Intensive ODT MIU Ltd reserves the right to permit the recording and photographing of students by instructors, staff (or by third-party photographers or filming companies on behalf of M-Intensive ODT MIU Ltd), and audience members during workshops, online classes, the Certification Programme & examinations, open classes or shows, or other events. M-Intensive ODT MIU Ltd reserves the right, where appropriate, to record or photograph students for educational and/or marketing purposes, including social media usage. Further, where any photographs or footage has been taken, the school also reserves the right to sell/rent for educational purposes online courses, replays, DVDs, and photographs of students attending classes or performing at events to other students, members of M-Intensive University, dance teachers and prospective students. M-Intensive ODT MIU Ltd (M-Intensive University/MIU) reserves the right to share students' work, including weekly self-recorded tasks and homework, using MIU's online resources on our social media platforms or websites, when applicable, for educational purposes. This initiative aims to inspire our community and provide additional opportunities for our students currently in training.
The following guidelines do not pertain to the video application submitted by prospective students applying to our Horton and Graham Teacher Training programme. Please note that these applications are intended exclusively for internal review, and the videos will not be shared online or made accessible beyond our admissions department.
Disclaimer: All information contained within this site, M-Intensive ODT MIU Ltd, m-intensive.co.uk, and m-intensiveuni.com (websites), and its newsletter, M-Intensive University (newsletter), is for informational purposes only. It is not intended to diagnose, treat, cure, or prevent any health problem – nor is it intended to replace the advice of a physician. No action should be taken solely on the contents of this website or its newsletter. Always consult your physician or qualified health professional on any matters regarding your health or on any opinions expressed within this website or its newsletter.
The information provided within this website and its newsletter are believed to be accurate based on the best judgment of the authors but the reader is responsible for consulting with their own health professional on any matters raised within. Health information changes rapidly. Therefore, some information within this website or its newsletter may be out of date or even possibly inaccurate and erroneous. We do not assume any liability for the information contained within this website or its newsletter, be it direct, indirect, consequential, special, exemplary, or other damages.
Please see your physician before changing your diet, starting an exercise programme, or taking any supplements of any kind.
Any and all product names referenced within this website or its newsletter are copyright and trademarks of their respective owners. None of these owners have sponsored, authorized, endorsed, or approved this website or its newsletter.
Always read all information provided by the manufacturers’ product labels before using their products. The website nor the authors of its newsletter are responsible for claims made by product manufacturers.
The statements made within this website and its newsletter have not been evaluated by the Food and Drug Administration.
All content provided on m-intensive.co.uk and m-intensiveuni.com (websites) is for informational purposes only. The owner of this blog makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information. These terms and conditions of use are subject to change at any time and without notice.
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Please read these Terms of Service (collectively with Podia’s Privacy Policy located at https://www.podia.com/privacy, and, where applicable, Podia’s EU Data Processing Addendum located at https://www.podia.com/dpa, the “Terms of Service”) fully and carefully before using www.podia.com (the “Site”) and the services, features, content or applications offered by Podia Labs, Inc. (“Podia”, “we”, “us” or “our”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Site and the Services. 1) Acceptance of Terms. 1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service (including, for clarity, the Privacy Policy and, where applicable, the EU Data Processing Addendum) and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. 2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. 3. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise. 4. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND PODIA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. 2) Eligibility. You represent and warrant that you are at least 16 years of age. If you are under age 16, you may not, under any circumstances or for any reason, access or use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. If you are registering with Podia on behalf of an entity or a third party, you represent and warrant that you have full authority to bind that entity to these Terms of Service. 3) Registration. In order to use the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. 4) Processing of Personal Data Your personal data will be treated in accordance with Podia’s Privacy Policy, available at https://www.podia.com/privacy. To the extent that you are a controller that provides Podia with personal data of third party data subjects, including without limitation other users of the Services, that is subject to European Union Regulation (EU) No. 2016/679 of 27 April 2016, also known as the General Data Protection Regulation, you agree to the terms contained in Podia’s EU Data Processing Addendum, available at https://www.podia.com/dpa. 5) Content. A. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below). B. User Content. Podia shall not be responsible for any Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. C. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. D. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. E. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service, or for no reason at all and (ii) to remove or block any Content from the Services. 6) Rules of Conduct. A. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity, and all activity connected to your Account in connection with the Services (including without limitation your communications and collection of data from other users of the Services). B. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, including without limitation User Content, on or through the Services that: i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law, rule, or regulation (whether domestic, foreign, or international) or contractual duty; ii. violates these Terms of Service; iii. you know is false, misleading, untruthful or inaccurate; iv. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion; v. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); vi. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; vii. impersonates any person or entity, including any of our employees or representatives; or viii. includes anyone’s identification documents or sensitive financial information. C. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies. D. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. E. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public. 7) Third Party Services. The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. 8) Payments and Billing. A. Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please see https://www.podia.com/pricing for a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement. B. Billing. We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. C. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand. D. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is no charge or a one-time or initial charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO https://app.podia.com/account/billing. E. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT HTTPS://APP.PODIA.COM/SETTINGS. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE. F. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. G. Auto-Renewal for Subscription-Based Services. Unless you opt out of auto-renewal, which can be done through your Account settings at https://app.podia.com/account/billing, any subscription-based Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. To change or resign your Subscription Services at any time, go to https://app.podia.com/account/billing. If you terminate a subscription-based Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. H. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service. I. Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at hello@podia.com. 9) Warranty and Other Disclaimers. A. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: i. which users gain access to the Services; ii. what Content you access via the Services; or iii. how you may interpret or use the Content. B. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services. C. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. D. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES, AND SUCH FAILURES MAY RESULT IN ERRORS OR DATA LOSS. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING, OR BY THE LOSS OF ANY DATA OR INFORMATION YOU PROVIDE TO PODIA. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. 11) Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, the Services, Content, or otherwise from your User Content, your violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. 12) ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS: A. ARBITRATION; CLASS ACTION WAIVER. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND PODIA OR ITS OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH PODIA, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JAMS, INC. THEN IN EFFECT, AND YOU AND PODIA HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE PODIA’S INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND PODIA WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL “SMALL CLAIMS” COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT’S RULES AND IF WITHIN SUCH COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR PODIA WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST PODIA INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Podia is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, Inc. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Podia or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitration shall be conducted in the English language. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim of action arose or be forever banned. B. 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section 15, you must notify Podia in writing within 30 days of the date that you first accept these Terms of Service (unless a longer period is required by applicable law). Your written notification must be mailed to Podia at the following address: 198 East 7th St., Apt. 8, New York, NY 10009. If you do not notify Podia in accordance with this Section 15(b), you agree to be bound by the arbitration and class-action waiver provisions of these Terms of Service, including such provisions in any Terms of Service revised after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing addresses and (iii) a statement that you do not wish to resolve disputes with Podia through arbitration. If Podia makes any changes to the Arbitration and Class Action Waiver section of these Terms of Service (other than a change to the address at which we will receive notices of dispute, opt-out notices, or rejections of future changes to the Arbitration and Clause Action Waiver section), you may reject any such change by sending Podia written notice within 30 days of the change to the address set forth in this Section 15(b). This notification affects these Terms of Service only; if you previously entered into other arbitration agreements with Podia or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms of Service shall not affect the other arbitration agreements between you and Podia. C. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration and Class Action Waiver section will be null and void. This arbitration agreement will survive the termination of your relationship with Podia. 13) Limitation of Liability. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00. 14) Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York. 15) Modification. We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use. 16) Miscellaneous. A. Entire Agreement and Severability. These Terms of Service (including, for clarity, the Privacy Policy and, where applicable, the EU Data Processing Addendum) are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. B. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. C. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. D. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. E. Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to hello@podia.com. F. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. G. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. Contact: You may contact us at the following address: PO Box 4668, PMB 96490, New York, NY, 10163 Effective Date of Terms of Service: May 29, 2021