THIS IS LEGALLY BINDING AGREEMENT
PLEASE READ IT CAREFULLY
1. FINANCIAL AID & LOANS
1.1. Careerist does not participate in state or federal financial aid programs. If a student receives a loan to pay for the educational program, the student will have the responsibility to repay the full amount of the loan plus interest, less the amount of any refund. Careerist does not offer institutional loans to its students.
2. EDUCATIONAL PARTNERS
2.1. To achieve the purpose of this Agreement, Careerist contracts with reliable Educational Partners for providing educational services to the students, while Careerist will provide only career counseling services to the students. Careerist’s Educational Partners are outsourced subcontractors and consultants of Careerist and not employees of or part of Careerist’s business. Сareerist has the right to choose Educational Partners at its sole discretion.
3. COST OF THE PROGRAM
3.1. Admission to the Careerist program is at Careerist’s sole discretion. Cost of the program is predetermined by program type and specified in the invoice. The additional services such as Career Coaching services or internship opportunity in the form of an internship or internship simulator (internal internship) depending on the program type (the “Additional Services”) are subject to eligibility criteria set forth in the Careerist Education Terms and included in the Total Cost in the following proportions: internship - 8 (eight) percent of the Total Cost and Career Coaching services - 2 (two) percent of the Total Cost.
The full payment of the Total Cost is due within 3 days of the invoice date.
Upon completion of the Program, the student can retake the same course(s) one more time and get career counseling services for the duration of the course(s) without any additional charge, provided, however, that retaking the course(s) is subject to availability, within the period of 24 months from the Date of Admission.
4. REFUND CANCELLATION POLICY
4.1. Students may be entitled to a full or partial refund under the terms and conditions set forth in the Refund and Cancellation Policy as published on Careerist website. This Refund and Cancellation Policy is adopted and implemented by Careerist for more detailed regulation on refunds and can be reviewed by Careerist at its sole discretion.
5. GRIEVANCE POLICY
5.1. Any student complaint may be directed to [email protected]. This complaint must be in writing. Upon receiving a written complaint, Careerist support service will contact the Student within 5 business days to give the response to the Student’s complaint, clarify or demand additional information to address the complaint. Students can expect the final decision by email from Careerist within 30 days of submitting the required documents and clarifications.
6. EDUCATION TERMS AND STUDENT PERFORMANCE EVALUATION POLICY
6.1. Careerist adopts and implements Education Terms to better and more clearly regulate the educational process. These Careerist Education Terms form part of the educational process and can be reviewed by Careerist at its sole discretion. Student agrees to carefully read and follow these Careerist Education Terms which can be found on the Careerist website at https://www.careerist.com/legal/rules.
6.2. Careerist, including its instructors and partnering providers of educational services, may evaluate students’ performance in the Careerist program and assign a certain score or percentage to each student’s overall performance in comparison with other students in the same program. Careerist may choose the evaluation criteria at its sole discretion. Careerist does not restrict the access of all students to the program study materials, lectures, seminars, practice training during the program. Students are encouraged to improve their performance.
6.3. Student’s score is based, among other criteria, on performance on in-class and home assignments and completion of practice assignments as applicable, and on program participation. Program or course participation includes not only attendance and joining class discussions timely, but also interacting online with instructors and otherwise engaging in the program to maximize student’s learning. If a student is not comfortable speaking in class, the student may “participate” by chatting with instructors individually so that instructors could confirm that the student understands the class materials.
6.4. Students who successfully complete the program can get free access to Careerist Job Application Service Platform (JAS) to search for possible suitable job vacancies on job boards and companies’ websites across the USA. JAs is offered to US and Canada residents only, at Careerist´s sole discretion and subject to availability
5. REPRESENTATIONS AND WARRANTIES
7.1. Each Party hereby represents and warrants to the other that: (i) it has full power and authority to execute and deliver this Agreement and perform its obligations hereunder; (ii) it has duly executed and delivered this Agreement; (iii) this Agreement constitutes the legal, valid and binding obligation of it, enforceable against it in accordance with the terms hereof; and (iv) its execution, delivery, and performance of this Agreement will not conflict with, result in the breach of, or constitute a default under any arrangement or agreement to which it is a party or by which it is bound.
7.2. Representations and Warranties of Careerist. Careerist represents and warrants to Student that it will perform the services in a professional and workmanlike manner.
7.3. Warranty Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CAREERIST MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THE COMPLETE ABSENCE OF SOFTWARE “BUGS”, OR ANY WARRANTIES ARISING AS A RESULT OF STUDENT USAGE IN THE TRADE OR BY COURSE OF DEALING, AND ALL SUCH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED. FURTHERMORE, CAREERIST SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES OR GUARANTEES OF A SPECIFIC OUTCOME FOR STUDENT.
8. LIMITATION OF LIABILITY
8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, IN NO EVENT WILL EITHER PARTY (OR ITS LICENSORS, SUPPLIERS, SERVICE PROVIDERS, AND BUSINESS PARTNERS IN THEIR CAPACITY AS SUCH) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND OR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF INCOME, LOSS OF USE OR DATA, OR INTERRUPTION OF BUSINESS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, ARISING FROM OR RELATING TO THIS AGREEMENT OR ITS SUBJECT MATTER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAREERIST’S AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THIS AGREEMENT WILL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL COST PAID BY STUDENT TO CAREERIST HEREUNDER.
8.2. THE PARTIES ACKNOWLEDGE THAT THE ESSENTIAL PURPOSE OF THE LIMITATIONS OF LIABILITY, WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT IS TO QUANTIFY THE RISKS OF THE AGREEMENT AND ALLOCATE THEM BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OF THE SERVICES AND DELIVERABLES, AND CAREERIST WOULD NOT ENTER INTO THIS AGREEMENT BUT FOR THAT ALLOCATION. THEREFORE, STUDENT AGREES THAT STUDENT WILL NOT ASSERT ANY CLAIM THAT THIS LIMITED REMEDY FAILED OF ITS ESSENTIAL PURPOSE WITH RESPECT TO A PARTICULAR EVENT OR CIRCUMSTANCES.
9. GOVERNING LAW AND JURISDICTION
9.1. This Agreement shall be governed by the laws of the State of Florida, USA applicable to contracts entered into and performed entirely within the State of Florida, USA without regard to its conflicts of law principles.
9.2. MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement or the use of any product or service provided by Careerist that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. The provisions of this Section may be enforced by any Court of competent jurisdiction, and the Party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered. The Parties expressly agree to venue and jurisdiction in Florida and waive any claims or defenses for inconvenience of forum or jurisdiction.
PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHT TO TRIAL, INCLUDING JURY TRIAL ON ANY CLAIM IN ANY COURT OF LAW OR EQUITY.
CLASS ACTION WAIVER. STUDENT ACKNOWLEDGES AND AGREES THAT ANY CLAIM YOU MAY HAVE AGAINST CAREERIST, INCLUDING CAREERIST’S PAST OR PRESENT EMPLOYEES OR AGENTS, SHALL BE BROUGHT INDIVIDUALLY AND YOU SHALL NOT JOIN SUCH CLAIM WITH CLAIMS OF ANY OTHER PERSON OR ENTITY OR BRING, JOIN OR PARTICIPATE IN A CLASS ACTION AGAINST CAREERIST.
Notwithstanding the foregoing, Careerist’s claims of failure by you to make any payments due under the Agreement and all Careerist’s collections claims under the Agreement shall not be subject to this Arbitration Agreement. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida, for such purpose.
10.1. Careerist has the right to assign and grant participations in this Agreement to others, in which case, this Agreement, and the rights and obligations of the Parties hereunder, will be binding upon and inure to the benefit of Careerist’s successors and assigns. This Agreement is personal to Student and Student may not assign any rights, benefits or obligations under this Agreement, without Careerist’s prior written consent, and any such attempted assignment without such consent shall be null and void.
10.2. No third-party beneficiaries. This Agreement and the rights and obligations created under it shall be binding upon and inure solely to the benefit of the parties hereto and their respective successors and permitted assigns. Nothing in this Agreement, express or implied, is intended or should be construed to confer upon any other person any right, remedy, or claim under or by virtue of this Agreement.
10.3. Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision will be deemed modified and will be interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this Agreement will continue in full force and effect.
10.4. This Agreement is executed by accepting by the Student its terms and conditions.
NOTICE TO STUDENT
By accepting this agreement You confirm that:
By accepting this agreement You acknowledge that You have read this Enrollment agreement, understand the terms and conditions, and agree to the conditions outlined in this Enrollment agreement.
Execution of this Enrollment Agreement by clicking the check-box “I accept”, “I agree” or similar shall be deemed as effective as an original executed signature page.