DARIUS Terms of Service

DARIUS Terms of Service

Terms of Service

In a Nutshell

(This is simply a human-readable summary. The actual terms are below under the section entitled "Terms and Conditions Spelled Out". If you have any questions, please email in to AramaicDesigns@gmail.com)

  1. How things generally work:
    1. You pay the specified fee (if there is a fee).
    2. You're enrolled in the course(s) for the specified period of time.
    3. At the end of your enrollment you will be assigned a grade.
  2. Here are the caveats:
    1. Course fees are non-refundable after a period of 30 days.
    2. We will unfortunately have to place a hold on your account (which bars access and transcripts) if:
      1. Payment bounces.
      2. Credit card payments are reversed or charged back;
      3. Your conduct pertaining to the course is (at our discretion) unacceptable.
    3. DARIUS courses are currently not accredited (although this is planned to change).

Terms and Conditions Spelled Out

By utilizing this website or its affiliated websites ("Consent"), this Service Agreement ("Agreement") is entered into by You and RogueLeaf (a New Jersey sole propriatorship owned by Steven Caruso) ("RogueLeaf") and is a legally binding agreement between You and RogueLeaf. By Your Consent, You represent and warrant that You have read, understood and expressly agreed to be bound by the terms and conditions contained in this Agreement.

  1. DEFINITIONS
    1. "RogueLeaf" refers to RogueLeaf, a New Jersey sole propriatorship owned by Steven Caruso.
    2. "DARIUS" refers specifically to the online Learning Services offered by RogueLeaf under the service mark, DARIUS.
    3. "You" shall mean but not be limited to the individual person, program, operating system, end user, entity, electronic agent or system consenting to and entering into this Agreement on the Website.
    4. "Consent" shall mean Your use of this Website, its content and its services, indicating Your consent to be bound by this Agreement.
    5. "Learning Services" shall mean the content provided to You via DARIUS.
    6. "Website" or "Courseware" shall mean darius.rogueleaf.com and all pages of darius.rogueleaf.com and all other affiliated pages.
    7. "Enrollment" shall mean the length of access You are granted to particular Learning Services via the Courseware.
    8. "Tuition" or "Price" shall mean the entire payment given by You to RogueLeaf for Learning Services.
  2. PAYMENT and ENROLLMENT
    1. Payment Terms.
      1. RogueLeaf shall confirm with You the Tuition for the Learning Services via the Website or email.
      2. Upon your Consent and payment of the final Tuition as notified to you by RogueLeaf, RogueLeaf shall grant you access to the Learning Services on the Courseware for the specified period of time.
      3. A 10% discount for students is processed at RogueLeaf's discretion after proof of enrollment in higher education is received (picture of photo ID, letter of acceptance, etc.). Group discounts are processed after negotiation based on volume.
      4. You hereby agree 30 days after You pay Tuition to RogueLeaf, all amounts paid or owing as the Tuition shall be NON-REFUNDABLE.
      5. Notwithstanding anything to the contrary contained above, RogueLeaf, prior to performing or delivery of the Translation, reserves the right to modify Tuition, and delivery estimates upon receipt and evaluation of the Source Materials or any additional information or materials You provide to RogueLeaf or which is necessary to perform the Translation.
      6. You agree that the Tuition for the Learning Services is owed and earned by RogueLeaf upon providing access to the Learning Services via the Courseware to You.
      7. Should RogueLeaf need to engage the services of a law firm, solicitor, or debt collection agency to collect the late payment or Tuition and interest from You (collectively "Collection Services"), You agree to pay RogueLeaf all costs of such Collection Services when due plus an additional administrative fee equal to additional resources expended to compensate RogueLeaf for collection of the outstanding amounts owed to RogueLeaf.
    2. Enrollment terms.
      1. For the purposes of this Agreement, You shall be deemed enrolled at the earliest of RogueLeaf: (1) sending an email to You certifying this fact; or (2) granting your account access to the specified Learning Services on the Courseware.
      2. Enrollment shall last for a time determined by RogueLeaf.
      3. When Enrollment has expired RogueLeaf may, at its discretion, remove access to the specified Learning Services from You.
      4. RogueLeaf will keep a record of your Enrollments and performance on the Learning Services (collectively "Transcript") which will be available to You provided your account is in good standing.
      5. The Courseware and Learning Materials are subject to change without warning as they are adapted to better suit the needs of both students and professors.
      6. Extensions to Enrollment will be granted at the sole discretion of the professor, so if anything comes up unexpectedly You must communicate it directly to them.
  3. DEFAULT.
    1. Default by You. You will be deemed in default of this Agreement if you:
      1. You fail to pay Tuition in immediately available funds;
      2. You cause any credit card payments made to be reversed/charged back;
      3. Your conduct, at RogueLeaf's sole discretion, is deemed inappropriate, may include (but is not limited to):
        1. Plagarism,
        2. Cheating, or
        3. Engaging in hostile and/or insulting interaction between You, other users or RogueLeaf;
      4. You fail to perform any material obligation pursuant to the terms of this Agreement; or
      5. Any of the representations You make during the terms of this Agreement are untrue.
    2. Default by RogueLeaf. RogueLeaf will be deemed in default of this Agreement if after You provide RogueLeaf a detailed notice of default including the precise nature of the default (the "Default Notice"), and, the default is not cured within fifteen (15) days or if the nature of the default is such that the default can not be cured within fifteen (15) days, so long as, RogueLeaf commences to cure the default within the fifteen (15) days and diligently pursues to cure the default within a reasonable amount of time(the "Cure Period"); the expiration of the Cure Period RogueLeaf shall not have:
      1. RogueLeaf fails to perform any of its material obligations pursuant to the terms of this Agreement subject to any Force Majeure; or
      2. Any of the representations RogueLeaf makes during the term of this Agreement are untrue.
  4. REMEDIES.
    1. RogueLeaf Remedies for Your Default.
      1. RogueLeaf shall be entitled to and You agree to pay to RogueLeaf the Price in full plus a $15 default fee, minus any deposits and payments made by You; and
      2. RogueLeaf shall be entitled to and You agree to pay RogueLeaf' attorneys fees and costs and any costs associated with collection, litigation, arbitration or mediation; and
      3. RogueLeaf shall be entitled to any and all other legal and equitable remedies available to RogueLeaf in the event of Your default.
    2. Buyer Remedies for RogueLeaf Default.
      1. You shall only be entitled to a refund of all moneys paid to or as deposits to RogueLeaf for that portion of the Enrollment not completed (the "Refund");
      2. You hereby expressly waive and release RogueLeaf from any an all Damages, subject to the Section directly above, arising from a RogueLeaf default of this Agreement. Damages shall include, but not be limited to, any and all monetary amounts arising out of or related in any manner to this Agreement whether actual, direct, indirect, consequential, future, expectant, loss profits, punitive or otherwise.
      3. You further expressly understand and agree that RogueLeaf would not have entered into this Agreement with You if RogueLeaf could be found liable for any Damages other than the Refund, and as such RogueLeaf relies on You to represent and warrant that You will not pursue any Damages other than the Refund in the event of a RogueLeaf Default.
  5. TERMINATION. RogueLeaf expressly reserves to right to cancel this Agreement at any time upon: (a) written notice to You (the "Cancellation Notice") via email, the Website, or postal service; and (b) removal of your access to the Learning Services from the Courseware.
  6. INDEMNIFICATION. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RogueLeaf, ITS OWNERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING BUT NOT LIMITED TO LEGAL FEES, EXPERT FEES AND COSTS THAT MAY ARISE OUT OF OR INCIDENT TO THE TRANSLATION, TRANSLATION SERVICES, SOURCE MATERIALS, THIS AGREEMENT, THE WEBSITE, INFRINGEMENT OF COPYRIGHT, TRADEMARK, PATENT, INTELLECTUAL PROPERTY, OR PROPRIETARY RIGHTS OF ANY NATURE WHATSOEVER, AND NOT CAUSED BY THE GROSS NEGLIGENCE AND WILLFUL MISCONDUCT OF RogueLeaf. YOU FURTHER ACKNOWLEDGE, AGREE AND WAIVE ANY CLAIMS OF YOURS FOR DAMAGES YOU SUFFER, OR FOR ANY CLAIM AGAINST YOU MADE BY ANY THIRD PARTY, ARISING FROM OR RELATING TO THE TRANSLATION, TRANSLATION SERVICES, SOURCE MATERIALS, THIS AGREEMENT, THE WEBSITE, INFRINGEMENT OF COPYRIGHT, TRADEMARK, PATENT, INTELLECTUAL PROPERTY, OR PROPRIETARY RIGHTS OF ANY NATURE WHATSOEVERREGARDLESS OF THE NATURE OF THE CLAIM, OR THE CAUSE OF ACTION AND ON ANY THEORY OF LIABILITY, EXCEPT FOR ANY CLAIMS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF RogueLeaf.
  7. WARRANTIES AND DISCLAIMERS. RogueLeaf PROVIDES ALL SERVICES, WITHOUT WARRANTY OF ANY KIND INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND WITHOUT MAKING ANY WARRANTIES THAT THE TRANSLATION WILL BE ACCURATE, CORRECT, USABLE, RELIABLE, MEET YOUR EXPECTATIONS, BE UNINTERRUPTED, SECURE, OR TIMELY.
  8. CONFIDENTIALITY. This Agreement is subject to the Privacy Policy of RogueLeaf which is set forth on the Website.
  9. MISCELLANEOUS
    1. Choice of Law and Venue. The laws of the State of New Jersey, of the United States of America without giving effect to its choice of law principles shall govern the applicability, interpretation and validity of these Terms and Conditions. You hereby agree that the State and Federal Courts located in Middlesex County, New Jersey in the United States of America shall be the exclusive venue for any dispute, action, claim or contest arising out of or related in any manner to the Terms and Conditions.
    2. Construction. As used in these Terms and Conditions, the masculine, feminine or neuter gender and the singular or plural numbers shall each be deemed to include the other whenever the context so requires. These Terms and Conditions shall be construed as a whole and in accordance with its fair meaning and without regard to any presumption or other rule requiring construction against the Party causing these Terms and Conditions or any part of these Terms and Conditions to be drafted. The Parties acknowledge that each Party has reviewed this Agreement and has had the opportunity to have it reviewed by legal counsel. If any words or phrases in this Agreement are stricken or otherwise eliminated, whether or not other words or phrases have been added, these Terms and Conditions shall be construed as if the words or phrases stricken or otherwise eliminated were never included in these Terms and Conditions, and no implication or inference will be drawn from the fact that the words or phrases were stricken or otherwise eliminated.
    3. Entire Agreement. These Terms and Conditions are the entire agreement between You and RogueLeaf pertaining to Your access and use for any purpose whatsoever of the Website. There are no oral promises, conditions, representations, understandings, interpretations or terms of any kind as conditions or inducements to the acceptance by You of the Terms and Conditions. RogueLeaf may amend, modify, change, revise or alter in any manner RogueLeaf deems necessary and its absolute and sole discretion the Terms and Conditions of the Website without notice to You and without Your consent.
    4. Section Headings. The section headings in these Terms and Conditions are inserted only for convenience and reference and the parties intend that they shall be disregarded in interpreting these Terms and Conditions.
    5. Waiver. No delay or failure by RogueLeaf in exercising any of its rights or enforcing any of the provisions of the Terms and Conditions shall constitute a waiver of that right or provision.
    6. Force Majeure. No Party shall be liable for any delay or failure in performance of any part of this Agreement (other than obligations to pay money) if the delay or failure in performance is related to unusually severe weather, flood, fire, lightning, epidemic, quarantine restriction, war, sabotage, act of a public enemy, earthquake, insurrection, riot, civil disturbance, strike, work stoppage caused by jurisdictional and similar disputes, restraint by court order or public authority, or action or nonaction by or inability to obtain authorization or approval from any Governmental Authority, family-related issues, or any combination of these causes, which by the exercise of due diligence and foresight such Party could not reasonably have been expected to avoid and which by the exercise of due diligence is unable to overcome (a "Force Majeure Event"). If a Party is unable to perform any part of this Agreement by reason of a Force Majeure Event, the nonperforming Party shall give prompt notice of such fact to the other Party. In the event of a Force Majeure the Party that is unable to perform shall: (1) exercise all reasonable efforts to continue to perform its obligations under this Agreement; (2) expeditiously take action (if possible) to correct or cure the event or condition excusing performance so that the suspension of performance is no greater in scope and no longer in duration than is dictated by the problem; (3) exercise all reasonable efforts to mitigate or limit damages to the other Party; and (4) provide prompt notice to the other Party of the cessation of the event or condition giving rise to its excuse from performance.
DARIUS and Aramaic Designs services © 2010 RogueLeaf