PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
TheNightAcademy.com offers this Web site, including all information, software, products and services available from this Web site or offered as part of or in conjunction with this Web site (the “Web site”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. TheNightAcademy.com reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location.
Your continued use of the Web site constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by TheNightAcademy.com. The term ‘genericwebsite.com’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
Use the website at your own risk. This website is provided to you “as is,” without warranty of any kind either expresses or implied. Neither TheNightAcademy.com nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Web site on behalf of TheNightAcademy.com. TheNightAcademy.com reserves the right to change or discontinue at any time any aspect or feature of the Web site.
Exclusion of Liability
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
YOUR SUBSCRIPTION CONTRACT
The Night Academy offers various subscription types: including rebillable monthly subscriptions of one, three, six, or twelve months (“Monthly Subscriptions”) and prepaid gift subscriptions of three, six, or twelve months (“Gift Subscriptions”).
GENERAL TERMS FOR ALL SUBSCRIPTIONS
WITH RESPECT TO THE NIGHT ACADEMY SUBSCRIPTIONS SUBJECT TO AUTOMATIC RENEWAL, YOU AGREE THAT THE NIGHT ACADEMY MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) TO YOUR CHOSEN PAYMENT METHOD WITHOUT FURTHER AUTHORIZATION FROM YOU, UNLESS AND UNTIL YOU PROVIDE PRIOR NOTICE THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR TO CHANGE YOUR PAYMENT METHOD. YOU AGREE THAT SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE THE NIGHT ACADEMY REASONABLY COULD ACT.
BY PURCHASING A MONTHLY SUBSCRIPTION, YOU AGREE AND ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT CHARGE AT THE THEN-CURRENT SUBSCRIPTION RATE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION.
AUTOMATIC MONTHLY RENEWAL TERMS
YOUR MONTHLY SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE MONTHLY PERIODS AND YOUR PAYMENT METHOD WILL AUTOMATICALLY BE CHARGED FOR EACH SUCCESSIVE MONTHLY PERIOD AT THE THEN-CURRENT SUBSCRIPTION RATE UNTIL YOU CANCEL YOUR MONTHLY SUBSCRIPTION RENEWAL.
CANCELLATION POLICY FOR MONTHLY SUBSCRIPTIONS
TO CANCEL YOUR MONTHLY SUBSCRIPTION AT ANY TIME, YOU MAY (I) LOG INTO YOUR ONLINE ACCOUNT AND FOLLOW THE CANCELLATION INSTRUCTIONS THERE, (II) EMAIL SUPPORT@THENIGHTACADEMY.COM AT LEAST FIVE (5) BUSINESS DAYS PRIOR TO YOUR SUBSCRIPTION’S AUTO-RENEWAL DATE, OR (III) SCHEDULE A CALL WITH ONE OF OUR SPECIALISTS AT (626) 408-7929 BETWEEN 9:00 A.M. AND 5:00 P.M. PACIFIC TIME, MONDAY THROUGH FRIDAY.
For Gift Subscriptions, the subscription is non-recurring and will not be renewed after the then-current term expires. You cannot cancel a Gift Subscription and any pre-paid fee is non-refundable.
Download and unzipping issues: it may happen, so if you are having problems while downloading the product or it’s unzipping please contact or Technical Support Department. Claims regarding such issues must be submitted to our Technical Support department. If you do not properly contact us during this period(s), you agree that we may construe silence as a successful download of the product with no further right of redress or refund for a “download issue” reason. Failure to receive assistance for downloading or unzipping within 3 days may result in a refund decline.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is
not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner. None of the material contained on TheNightAcademy.com may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent
of TheNightAcademy.com. Violation of this provision may result in severe civil and criminal penalties.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The Night Academy The collective work includes works that are licensed to The Night Academy Copyright 2018, The Night Academy ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with The Night Academy or purchasing The Night Academy products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with The Night Academy or to purchase The Night Academy products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The Night Academy You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of The Night Academy used in the site are trademarks or registered trademarks of The Night Academy
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, The Night Academy disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Night Academy does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. The Night Academy does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
The Night Academy shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if The Night Academy has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a The Night Academy product is mistakenly listed at an incorrect price, The Night Academy reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Night Academy reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Night Academy shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by The Night Academy without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
The Night Academy may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to The Night Academy.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of The Night Academy products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Night Academy products) must be commenced within one (1) year after the claim or cause of action arises. The Night Academy ’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Night Academy may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The Night Academy or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
The Night Academy does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, The Night Academy is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, The Night Academy reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The Night Academy in its sole discretion.
You agree to indemnify, defend, and hold harmless The Night Academy, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, The Night Academy may link to sites operated by third parties. However, even if the third party is affiliated with The Night Academy, The Night Academy has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Night Academy. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The Night Academy seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
THE NIGHT ACADEMY
DIRECTOR at THENIGHTACADEMY dot COM