Terms of Service
1. Introduction
Welcome to ACCELERATE! Accelerate is an online eLearning platform from Jacaruso Enterprises, Inc. It is an innovative learning experience that offers on-line learning through recorded training courses, live interactive webinars, one-on-one coaching, and resources with content relevant in today’s hotel business environment.
2. User Access & Pricing
You agree to purchase access to the platform at the currently published price per seat, per month. Accelerate is accessible to you following the execution of this agreement, subscription sign up process and the receipt of your first payment. Each user seat is assigned to you for the month or 30-day period. Any changes to the users need to be submitted before the following billing cycle.
3. Payment Terms and Schedule
All Payments are submitted electronically using the JE AutoPay System. You will be billed each month on the date corresponding to your first payment. Cancellation by either party can occur after 60 days with a 30-day written notice without any financial penalties and/or fees associated.
You are solely responsible for any and all fees charged to your Payment Card by the issuer, bank or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees.
If your Payment Card for any reason will not accept charges for any periodic monthly Payment, your seat(s) will be immediately suspended until payment is collected. For the 60 days immediately following the suspension day, we may attempt to charge the Payment Card the periodic monthly Payment every 10 days. If the charge is accepted, then your seat(s) will be reinstated as of the date the charge is accepted.
4. Privacy Considerations
Your communications on this system are, in most cases, viewed only by you and anyone who has access to your subscription. However, as system operators, we may need to review or monitor your communications from time to time. In addition, we reserve the right to copy and distribute to third parties any information associated with your activities on the system. Therefore, you should not expect to have a right to privacy in any of your communications.
5. Proprietary Rights
Your use of our system affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. Jacaruso Enterprises, Inc. owns the intellectual property rights to any and all protectable components of our system, including but not limited to the courses, the related documentation, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that we or our suppliers own.
6. Limitation of Liability
You must bear the risk of any liability relating to your use of our system. YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOU USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OUR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
7. Indemnity
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
8. Disclaimers of Warranty
THE SYSTEM IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, N WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
9. Class Action and Jury Waiver; Choice of Law and Venue
By agreeing to purchase a seat on the ACCELERATE! platform, both you and Jacaruso Enterprises, Inc., including all of its affiliates and subsidiaries, agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both you and Jacaruso Enterprises agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. Further, both you and Jacaruso Enterprises hereby waive any right to a trial by jury and agree than any claims brought in any lawsuit will be decided through a bench trial before a single judge.
By agreeing to purchase a seat on the ACCELERATE! platform, both you and Jacaruso Enterprises agree that in any legal proceeding the substantive and procedural law of the State of Texas shall apply, except where federal law applies, in which case the law of the Fifth Circuit Court of Appeals shall apply. Both you and Jacaruso Enterprises further agree that any claims against the other must be brought in the state or federal courts located in Austin, Texas.
10. Restriction on Hiring Jacaruso Employees
Jacaruso Enterprises has made a substantial investment in recruiting and training its employees. By agreeing to purchase a seat on the ACCELERATE! platform, you are acknowledging that all Jacaruso Enterprises employees have restrictive covenant agreements that prohibit them from working for you directly absent Jacaruso Enterprise’s express, written approval. Accordingly, you agree that you will not directly or indirectly hire or otherwise engage any Jacaruso Enterprises employee during the employee’s restricted period. In the event of a breach of this provision, Jacaruso Enterprises will be entitled to any and all remedies available to it at law, and will specifically be entitled to its attorneys’ fees and costs associated with pursuing those remedies.