Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU

before you are permitted to use any Timisha Tutoring digital or downloadable resources, online

course, one-on-one or group coaching, class, program, workshop, workbook or training, or enter

any online private forums operated by www.timishatutoring.com (for any purpose), whether on a

website hosted by www.timishatutoring.com or a third-party website such as an online course

platform or facebook.com (collectively “the Program”).

If you do not agree with these TOU, you may not use the Program.

As used in these TOU, the term “Releasees” is defined to include the following: (i) Tross LLC,

Timisha Tutoring, its subsidiaries, affiliated companies, owners, members, managers, directors,

officers, past and present employees, agents, coaches, representatives, successors and assigns

(collectively “the Company”); (ii) any Company volunteers; and (iii) Timisha Tross.

1. The Program

a. You will receive as part of the Program:

i. All Program materials, including videos, audio, downloadable sheets, and

a workbook and access to Pocket Prep platform

ii. Private online Community

iii. One (1) tutoring coaching call each week;

iv. One (1) mindset coaching call twice per month;

v. E-mail support in between calls, as needed

vi. Etc.

As part of the Program, you will receive the services outlined on the web page where you

register.

The Company reserves the right to offer additional Program elements from time to time, for any

subgroup of participants. These additional Program elements are a bonus, not a part of the

services included in the base version of the Program. The selection of the participants who may

participate in any additional Program elements is at the sole discretion of the Company.

2. Participants

If you wish to participate in another session of the Program in the future or purchase any other

products, programs or services from the Company, all terms of these TOU will continue to apply

unless superseded by another agreement in writing.

This Program is intended and only suitable for individuals aged eighteen (18) and above. Some

of the content in this Program may not be appropriate for children. Company hereby disclaims all

liability for use by individuals under the age of eighteen (18).

3. Payment

You agree to the following fees and payment schedule:

One-time payment of $2000 or four monthly payments of $525, due on the first of each month.

You agree to the fees and payment schedule selected at checkout.

If paying by debit card or credit card, you give us permission to automatically charge your credit

or debit card for all fees and charges due and payable to the Company, without any additional

authorization, for which you will receive an electronic receipt. You also agree that the Company

is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction

processing, merchant settlement, and related services).

If payment is not received by the date due, you will have a three (3) day grace period to make the

payment, otherwise the Program will not continue and we reserve the right to terminate your

access to the Program and all Content, as defined below, immediately and permanently.

If you fail to make any payment in a timely manner or voluntarily withdraw from the Program at

any time or for any reason, you will remain fully responsible for the full cost of the Program and

all payments in any payment plan you have chosen. The Company reserves the right to charge a

late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company

for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

4. Refunds

Your satisfaction with the Program is important to us. However, because of the extensive time,

effort, preparation and care that goes into creating and providing the Program we have a no

refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds

for any portion of your payment for any of our Program and no refunds will be provided to you

at any time. By using and/or purchasing our Program, you understand and agree that all sales are

final and no refunds will be provided.

The company reserves the right, in its sole discretion, to determine how to discipline a

participant who violates these TOU. Therefore, if a participant disagrees with how the Company

disciplines another participant and requests a refund, the Company will deny such request.

Furthermore, if a participant violates these TOU, the Company reserves the right, in its sole

discretion, to offer the participant another opportunity to abide by these TOU. If a participant

disagrees with the Company offering another participant a second opportunity to follow these

TOU, no grounds for a participant to receive a refund would be created, and any request for a

refund on this basis shall be denied.

If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate

these TOU, the Company may terminate your access and participation in the Program without

notice and without refund.

Since we have a clear and explicit refund policy in these TOU that you have agreed to prior to

completing the purchase of the Program, we do not tolerate or accept any type of chargeback

threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

5. Intellectual Property Rights

a. Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics,

photos, images, information, materials, documents, data, databases and all other information and

intellectual property accessible on or through the Company website, any third-party website the

Company may use to distribute or host the Program, and contained in e-mails sent to you by the

Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the

Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by

copyright, trademark, and other intellectual property laws.

b. The Company’s Limited License to You

If you view, purchase or access any Program or any of the Content, you will be considered our

Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for

personal, non-commercial use only, limited to you only.

This means you may view, download, print, email and use one copy of individual pages of the

Program and Content for your own personal purposes or your own business only.

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends,

family, or any other third party, or otherwise use any material from the Program or Content for

commercial purposes or in any way that earns you or any third party money (other than by

applying them generally in your own business). By downloading, printing, or otherwise using the

Program or Content for personal use you in no way assume any ownership rights of the Content

– it is still Company property. Any unauthorized use of any materials found in the Program or

Content shall constitute infringement.

You must receive our written permission before using any of the Program or Content for your

own commercial use or before sharing with others.

The trademarks and logos displayed on the Program or Content are trademarks belonging to the

Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing

these trademarks, or other trademarks displayed, is strictly prohibited without our written

permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

c. Unauthorized Use

Your use of any materials found in the Program or Content other than that expressly authorized

in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You

agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event

of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is

greater, in addition to any legal or equitable remedies the Company may be entitled to pursue.

This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.

You agree that any violation or threatened violation of the Intellectual Property Rights terms in

these TOU would cause irreparable injury to the Company that may not be adequately

compensated by damages, entitling the Company to obtain injunctive relief, without bond, in

addition to all legal remedies.

d. Your License to the Company; Use in Testimonials and Marketing.

By posting or submitting any material during the Program such as comments, posts, photos,

designs, graphics, images or videos or other contributions, you are representing to us that you are

the owner of all such materials and you are at least 18 years old. You are also granting us, and

anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive,

unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative

works from, distribute, and/or publicly perform or display your contributions, in whole or in part,

in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Program and Content. This right

includes granting us proprietary rights or intellectual property rights under any relevant

jurisdiction without any further permission from you or compensation by us to you.

You also consent to photographs, videos, and/or audio recordings, including teleconference calls,

webinars, or other communications, that may be made by the Company during the Program that

may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve

the right to use these photographs, videos, and or/audio recordings and/or any other materials

submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the

future.

You also grant us, and anyone authorized by us, the right to use your likeness and identify you as

the author and individual depicted in any comments, posts, photos, images, videos or other

contributions created by you or the Company, or by name, email address, or screen name, for any

purposes, including commercial purposes and advertising. You acknowledge that we have the

right but not the obligation to use any contributions from you and that we may elect to cease the

use of any such contributions in the Program or in our Content at any time for any reason.

This means you give the Company permission to use anything you submit or post in the Program

or any third-party forum or website operated by the Company, or anything captured by the

Company during your participation in the Program, including images in which your face is

visible and recognizable.

6. Coach-Client Relationship

The coaching relationship is co-creative, meaning that the coaches and you are equal partners in

the coaching process.

a. Your Coaches’ Responsibilities

○ Your coaches are trained to use communication skills and coaching tools to support you as an equal partner throughout the coaching process.

○ Your coaches will provide individual guidance to group participants based on information provided to the coaches.

○ Your coaches will answer questions through whatever forum your Program provides, such as via the Company’s website, a social media forum, live event, private message or live group

coaching call.

b. Your Responsibilities

○ You agree to complete all tasks assigned during the Program, including but not limited to

watching or listening to videos, completing workbook and weekly question assignments, and

attending coaching sessions.

○ You agree that your relationship with the Company is that of a coach-client relationship and

that no other professional relationship has been established.

○ You agree that coaching is not to be used as a substitute for professional advice of any kind,

including medical, mental or other qualified professional help and you agree to seek

professional guidance for such matters, should they arise, independent of the coaching

relationship.

7. Your Conduct

The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any

other products, groups, programs, or events to Program participants on any Company website or

third-party forums operated by the Company, whether or not officially sanctioned, owned, or

operated by the Company. This means you agree not to form, or ask Program participants to join,

“shadow” groups on social media or any other platform, or in-person meetups, based on interests

or locality. You agree you will not invite Program participants to participate in events, such as a

meetup, seminar, or private forums, membership groups, without first receiving approval from

the Company. You agree not to market, promote, or sell products or services such as content

services, coaching services, or other products or services to Program participants, unless you are

authorized or requested to do so by the Company.

Please choose carefully the materials that you upload to, submit to, or embed on any website

operated by the Company and any third-party forums operated by the Company. Any material

you post on the Company’s website or in any third-party forums operated by the Company may

become public.

You are responsible for Your Material and for any liability that may result from any material you

post. You participate, comment, and post material at your own risk. Any communication by you

on the Company’s website and any third-party forums operated by the Company, whether by

leaving a comment, participating in a chat, public or private forum, or other interactive service,

must be respectful. You may not communicate or submit any content or material that is abusive,

vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation

of any law or the rights of others. You agree to post comments or other material only one time.

You are strictly forbidden from the following:

• Harassing, fighting with, or being disrespectful to other participants

• Causing damage to any Company website or third-party forums operated by the

Company

• Using any Company website or third-party forums operated by the Company for any

unlawful, illegal, fraudulent or harmful purpose or activity

• Using any Company website or third-party forums operated by the Company to copy,

store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software

• Using any Company website or third-party forums operated by the Company to

transmit, send or deliver unsolicited communications or for other marketing or advertising purposes

• Systematically or automatically collecting data from any Company website or thirdparty forums operated by the Company

• Sharing private and proprietary information from other participants with anyone else

• Discriminatory speech, hate speech, comments, or actions against another participant

based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or

other labels

The Company does its best to create a safe and welcoming space for all participants, however,

Company cannot guarantee that all participants will follow these guidelines. Company, in its sole

discretion, may remove any participant’s comments, posts, content or materials, however,

Company does not have a duty to review all comments, posts, content and material shared within

any online private forums or groups or on any group call. Therefore, Company shall not be held

liable for any participant’s comments, actions, posts, content or materials that result in another

participant’s trauma or discomfort.

Participants in the Program must actively participate in dialogue and interactions with other

participants. The Company created the Program to encourage participants to step outside of their comfort zone and to foster connections, engage in vulnerable dialogue and meet individuals from different racial, gender, and socio-economic backgrounds. Without participation, the principles of which the Program was founded would be pointless.

Therefore, all participants must actually participate in the Program and the Company reserves the

right to terminate your access to the Program and all Content immediately and permanently

without refund if you are merely “lurking”. If a participant has attempted to log in their member

account and is not active for 30 days, please contact the Company at contact@timishatutoring.com. If after 45 days, you have continued to show inactivity in the

Program, you will receive a warning from the Company of your membership being in danger of

termination. If a participant’s inactivity continues for 60 days, the Company reserves the right to terminate your access to the Program and all Content immediately and permanently without

refund. You are welcome to reapply anytime at the current rate at that time.

If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that

the Company may immediately and permanently terminate your participation in the Program and

your access to the Content without refund.

The Company, in its sole discretion, may delete or modify, in whole or part, any post, comment

or submission to the Company’s and any third-party forums operated by the Company. The

Company does not, however, have any obligation to monitor posts, comments, or material

submitted by third parties. The Company neither endorses nor makes any representations as to

the truthfulness or validity of any third-party posts, comments, or material on the Company

website or any third-party forums operated by the Company. The Company shall not be

responsible or liable for any loss or damage caused by third-party posts, comments, or materials

on the Company website and any third-party forums operated by the Company.

8. Confidentiality

Company is not legally bound to keep your information confidential. Nevertheless, the Company

agrees to keep all information about the coaching relationship confidential except when disclosure is required by law, for example if a court issues a subpoena for the file or information,

or if you threaten to harm yourself or others. You acknowledge that your communications with

your coach are not covered by any doctor-patient privilege or other privilege.]

Confidential information does not include information that:

(a) was in the Company’s possession prior to your participation in the Program;

(b) is generally known to the public or in your circle of friends and family and co-workers; or

(c) the Company may be required by law to disclose.

You agree that the Company shall not be liable for the disclosure of any of your information by

another Program participant. You agree to keep all information you learn about other Program

participants, their businesses, or clients (as applicable), strictly confidential except in very rare

circumstances where disclosure is required by law.

The Company may record coaching calls and share them in the Program, on the Company’s

website, or on third-party forums operated by the Company.

You agree you will not share any recorded coaching calls or third-party forum postings outside

the private member areas of the Company’s website or any third-party forums operated by the

Company. If the Company discovers you have done so, this will be grounds for immediate

termination of your access to the Program and Content.

9. Username and Password

To access certain features of the Program, including any private membership areas, you may

need a username and password. It is your responsibility to inform the Company before the

Program start date if you do not receive an email containing your password to access the

Program. You agree to keep your username and password confidential. During the registration

process for any service or product, you agree to provide true, accurate, current and complete

information about yourself. If the Company has reasonable grounds to suspect that you have

provided false information, shared your username and password with anyone else, or forwarded

any non-public material from the Program to any other person, the Company has the right to

suspend or terminate your account and refuse any and all current or future use of the Program or

any Content, in whole or part, without refund. Any personally identifiable information you

provide as part of the registration process is governed by the terms of the Company’s website

Privacy Policy.

10. Live or In-Person Events (When that time comes)

If you participate in any live or in-person event as part of the Program, you agree to observe and

obey all posted rules and warnings, to follow any instructions or directions given by the

Company through its employees, representatives or agents, and to abide by any decision of any

Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely

participate in the Program. You agree to exhibit appropriate behavior at all times and to obey all

local, state and federal civil and criminal laws while participating in the Program. This includes,

generally, respect for other people, equipment, facilities or property. The Company may dismiss

you, without refund, if your behavior endangers the safety of or negatively affects the Program or

any person, facility or property.

You consent to medical care and transportation in order to obtain treatment in the event of injury

to you as Company, volunteers or medical professionals may deem appropriate. These TOU

extend to any liability arising out of or in any way connected with the medical treatment and

transportation provided in the event of an emergency and/or injury.

The Company is not responsible for any personal item or property that is lost, damaged or stolen

at or during the Program.

11. Termination or Cancellation

The Company reserves the right in its sole discretion to refuse or terminate your access to the

Program and Content, in full or in part, upon delivery of written notice, at any time. The

Company may terminate your participation in the Program at any time, without refund, if you

breach any part of these TOU. In the event of cancellation or termination, you are no longer

authorized to access the part of the Program or Content affected by such cancellation or

termination. The restrictions imposed on you in these TOU with respect to the Program and its

Content will still apply now and in the future, even after termination by you or the Company.

If you would like to cancel your access and participation in the Program, you must provide the

Company with written notice (including e-mail). Your access to the materials and Content of the

Program will be immediately terminated upon your notice of cancellation. You will not be issued

a refund for any remaining days or months of the Program after your cancellation.

In the event you decide to cancel, any default, or late payments will be due immediately. At the

term of your enrollment period you will recieve an email granting access to the course only

portion of the program based on payment in full.

If you have opted to pay for the Program via monthly payments or through Klarna/Afterpay, and

you would like to cancel your access and participation in the Program, you must provide the

Company with at least 10 days written notice (including e-mail) before your next recurring

charge. Your access to the materials and Content of the Membership Program will be

immediately terminated upon your notice of cancellation. You will not be issued a refund for any

remaining days or months of the Program after your cancellation.

In the event you decide to cancel, any remaining installment, default, or late payments will be due immediately.

12. Personal Responsibility, Assumption of Risk, Release, Disclaimers

a. You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.

b. Your participation in the Program does not establish a counseling relationship of any kind between you, the Company, or anyone providing coaching services on behalf of the Company.

Although Timisha Tross is a certified occupational therapy assistant and other employees or contractors of the Company may be certified coaches, your participation in the Program does not establish a client to counselor type or similar relationship of any kind between you, the Company, employees or contractors of the Company, or Timisha Tross.

c. The Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Program or Content prevents, cures or treats any mental or medical condition. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You

should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.

d. You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.

e. You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.

In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.

f. Earnings and Results Disclaimer: You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.

g. Any links to third-party products, services, or sites are subject to separate terms

and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

h. The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.

i. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” ANDWITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE

COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE

COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

j. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGESTHAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS CONTENT, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.

13. Security

You acknowledge that there is an inherent risk in all forms of electronic communication, and

communications between you and the Company may be unlawfully intercepted by third parties

not under our control. The Company does not guarantee the security of any information

transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts

you undertake to communicate with Company are done at your own risk.

14. Legal Disputes

These TOU shall be governed by and construed in accordance with the laws of the State of New

Jersey without giving effect to its conflict of laws principles. The state and federal court nearest

to Trenton, NJ shall have exclusive jurisdiction over any case or controversy arising from or

relating to the Program or Content, including but not limited to the Company’s Privacy Policy or

these TOU. By using the Program or Content, you hereby submit to the exclusive jurisdiction

and venue of these courts and consent irrevocably to personal jurisdiction in such courts and

waive any defense of forum non conveniens. The prevailing party in any dispute between the

parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or

litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

15. Users Outside United States

The Company controls and operates the Program from offices in the United States. The

Company does not represent that the Program or its Content are appropriate or available for use

in other locations. People who choose to access the Program from other locations do so on their

own initiative and are responsible for compliance with local laws, if and to the extent local laws

are applicable.

16. Indemnification

You agree to defend, indemnify, release, and hold harmless the Company and any directors,

officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees

from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and

expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your

use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or

any representation and warranty made by you herein, (iii) any comment, post, or material you

submit to the Company’s website or any third-party forum or website operated by the Company,

(iv) your use of materials or features available on the Program or Content (except to the extent a

claim is based upon infringement of a third-party right by materials created by the Company) or

(v) a violation by you of applicable law or any agreement or terms with a third party to which

you are subject.

17. Force Majeure

The Company shall not be deemed in breach of this TOU if the Company is unable to complete

all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God

or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local,

state, federal, national or international law, governmental order or regulation or any other event

beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any

Force Majeure Event, the Company shall give notice to Client of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations, or may terminate this TOU.

18. General Provisions.

The Company may modify the terms of this TOU at any time. All modifications shall be posted

on the Company’s website and participants shall be notified when accessing the program or via

email. If any provision of this TOU is held invalid or unenforceable, the remainder of this TOU

will remain in full force and the invalid or unenforceable provision will be replaced by a valid or

enforceable provision.

This is the entire agreement of the parties, and reflects a complete understanding of the parties

with respect to the subject matter. This TOU supersedes all prior written and oral representations.