Terms of Use

Terms of Use

Effective Date: 4/5/2013

Last Updated Date: April 5, 2013

I. Introduction and Eligibility

Please read these Terms of Use carefully before using Aim High Writing Services (hereafter referred to as “Aim High.”)

These Terms include Aim High’s Privacy Policy, which is incorporated by reference into these Terms.  We have included several annotations in boxes to help explain the legal jargon and emphasize key sections.  These annotations are for convenience only and have no legal or contractual effect.

This agreement is a legally binding contract.  It may change as our service changes, and you agree you will review it and any updates regularly.

Binding Agreement.  These Terms constitute a binding agreement among you, Jessica Peyton Roberts, and Aim High Writing Services. You accept these Terms each time you view Aim High’s site or purchase an Aim High service.  If you do not accept these Terms, you must not use Aim High’s site or services.  If you are under 18 years of age, you represent and agree that you possess the written legal consent of your parent or guardian to use Aim High’s services .

Revisions to Terms.  We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them.  Your continued use of Aim High after a change to these Terms constitutes your binding acceptance of these Terms.

Children.  No part of Aim High is directed to persons under the age of 13. Minors under the age of 18 must have their parents signed consent to use Aim High’s services.

The terms “post” and “posting” as used in these Terms shall mean the act of submitting, uploading, publishing, displaying, or similar action on Aim High’s site.

II. Aim High Writing Services

“Aim High” means the website located at www.aimhighwriting.com (including Internet applications and services) and any of its services offered to clients. Aim High’s website provides information about the kinds of services offered, available for a fee. 

Sign Up for a Service.  You may sign up for a Service using Aim High’s website.  We cannot promise the availability of sessions.

Cancellation and No Show Policies.  We determine the rescheduling and cancellation policies and apply them at our discretion. Cancellation in less than 24 hours or a no-show results in the full charge of the session. 

Please exercise caution, good sense, and sounds judgment when providing information to other users.

Information You Provide to Aim High.   Aim High may ask for a client’s information, such as your home, email, or work address, as well as a phone number or Skype ID to help facilitate contact between Aim High and the client.  Aim High only uses this information to communicate with the client in a professional manner.  However, you agree that we are not responsible for any use of this information by Aim High for other purposes.

Aim High uses third-party services, but such use does not indicate that we endorse them or are responsible or liable for their actions.

Third-Party Services.  Aim High may link to third-party websites to facilitate its provision of services to you.  If you use these links, you will leave Aim High.  Some of these third-party websites may use Aim High Content (defined below) under license from Aim High. Aim High is not responsible for these third-party websites, whether or not Aim High is affiliated with such third-party websites.  Through our use, we do not endorse the organizations sponsoring such third-party websites or their products or services.  You agree that Aim High is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on Aim High’s website.

We are not your attorney or financial advisor, and we do not provide any legal or financial advice.

Aim High Is Not Your Attorney or Financial Advisor.  Do not contact Aim High for legal or financial advice.  You agree and acknowledge that Aim High and Jessica Peyton Roberts are not a law firm and are not authorized to practice law in any jurisdiction.  Aim High does not give legal advice in any form or practice law in any way.  The information obtained from or through Aim High is for information purposes only, and you are solely responsible for confirming the accuracy and appropriateness of such information for your own business or venture with your own tax, financial, and legal advisors.  Aim High and Jessica Peyton Roberts are not establishing an attorney-client relationship with you through your use or access of Aim High.

Social Sign-On.  Aim High may allow you to register and log in using sign-on functionality provided by social networks, such as Facebook.  You agree to abide by the social networks’ terms and conditions applicable to you.

Aim High and Jessica Peyton Roberts are not responsible for a client’s failure to obtain their specific academic and / or professional goals, nor for writing the client’s final product to submit to a third-party for evaluation.

Professional Liability. Aim High does not write and produce a final product for the client to use, as this constitutes plagiarism. Aim High enhances a client’s writing skills by providing suggestions, corrections, instructions, and guidance. Aim High and Jessica Peyton Roberts are not responsible for writing a client’s paper, essay, application, or any other product on behalf of the client for the client to submit to a third-party for evaluation.

Aim High and Jessica Peyton Roberts are not guaranteeing admission into a particular college, university, or program, nor the win of a specific scholarship, grant, fellowship, or other kind of monetary award, nor receiving a specific job offer or promotion. Aim High and Jessica Peyton Roberts are not liable for a client’s failure to achieve specific objectives beyond Aim High’s and Jessica Peyton Roberts’s control.

A client using Aim High agrees to these Terms and waives Aim High and Jessica Peyton Roberts from any professional liability. Liability is limited to the cost of a single session ($40).

The client owns his or her Work and Aim High will not use this Work without written permission from the client. The client is responsible for not passing on their Work to others, as this constitutes plagiarism.

Featuring Your Work.  The client is the sole owner of the final product, “Work.” We may promote Aim High using the work you completed as part of completing Aim High sessions with your written permission, and you grant Aim High a nonexclusive license to use your name in combination with your Work in any and all media in connection with Aim High’s promotional efforts.  Our use will be limited to promoting Aim High.  Aim High will include your name and attribute the Work to you. The client is responsible for not passing on their Work to any other person for third-party use, as this constitutes plagiarism.

Events and Promotions.  We and third parties on our behalf may run promotions, including sweepstakes and contests.  The specific rules and regulations governing promotions will vary, and your participation constitutes your agreement to abide by those rules and regulations.

III. Financial Matters

You have to pay the cost per session (minus any existing discounts) to receive Aim High’s services.

Sessions.  Aim High charges you fees for sessions.  The amount of any fees may be revised by Aim High from time to time and vary from region to region, and topic to topic.

When you sign up for Aim High session(s) that requires payment, you agree to pay it online by credit card. In some cases, Aim High and Jessica Peyton Roberts agree to meet with a prospective client, free of charge, for an initial consultation. However, a client who has signed an agreement to use Aim High services must pay in full prior to beginning his or her sessions.

We use third-party service providers, which offer various payment methods.  Such payment methods could change.

You Agree To Pay Us For Your Purchases.  You agree to pay for all products and services that you purchase through Aime High, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments.  Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through Aim High.

Third-Party Payment Processors.  Aim High currently uses third-party payment processors for electronic commerce.  Our third-party payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards and PayPal.

Availability of Certain Forms of Payment. Aim High makes no representations and warranties about the continued availability of any particular form of payment method made available for use with Aim High.

Pre-Authorization.  When you provide a credit card number to us to activate and/or pay for any fees related to Aim High, we, through our third-party payment processor, may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge.  Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.

Timing of Charges.  Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together.

You may send us an email to dispute charges to your account within 30 days of the charge.

Disputed Charges.  You agree to submit any disputes regarding any charge to your account in writing to Aim High within thirty (30) days of such charge, or your dispute is waived and such charge will be final and not subject to challenge.  You may dispute a charge by sending an email to use at aimhighwriting@gmail.com.

Aim High may provide refunds at its discretion.

Refunds.  We reserve the right, but are not obligated, to refund fees paid to us.  Our policy for providing refunds, if ever, for any purchases made by you, is the following: all packages are paid in full before the first meeting, and a client who cancels his or her use of Aim High forfeits the remaining sessions and the money paid for the sessions. There are no refunds for cancelled packages. In the event of a cancellation in less than 24 hours before a session or no show, Aim High will not refund the cost of the session. A client’s failure to obtain a specific academic or professional objective through a third-party evaluator (see “Professional Liability”) does not warrant a refund.  Aim High may modify its refund policy at any time with or without specific notice to you; provided, however, that the refund policy in effect at the time of any transaction shall apply to such purchase despite any subsequent change in such policy.  Please contact aimhighwriting@gmail.com to request a refund.

Aim High will not collect or pay your taxes.

Taxes.  “Taxes” include sales, use, value added, or transaction taxes and other government-imposed fees and charges.  You are responsible for determining and paying the appropriate taxes resulting from a transaction occurring through Aim High.  Aim High is not responsible for collecting, reporting, paying, or remitting to you any such taxes, unless required by law.

Currency.  We accept US dollars or British pounds.  

 You are responsible for all fees charged to make payments using payment processors through Aim High

Fees Charged by Third-Party Payment Processors.  Aim High uses third parties to process payments.  Use of such third-party payment services is subject to their terms and conditions of use.  Those third parties may charge fees to process payments, and Aim High is not responsible for any fees charged by them.  [Aim High disclaims all liability with regards to any fees or problems you have with third-party payment processors.

IV.  Use by an Agent
You agree that if you use Aim High on behalf of a business entity (e.g., corporation), you have the necessary legal authority and capacity to do so as an authorized agent of the business entity.  You agree that you have the authority to bind the business entity in legal agreements and contracts.

V.  Communications
Aim High may communicate with you by email, phone, Skype, or mail.  

You agree to receive email from us at the email address you provided to us for customer service related purposes, as well as communication by phone, Skype, or mail. Communication will be limited to the purposes of Aim High and Aim High will never sell or give your personal information to a third-party vendor.

Electronic Notices.  By using Aim High or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of Aim High.  If we learn of a security system’s breach, we may attempt to notify you electronically by sending an email to you.  You may have a legal right to receive this notice in writing.  To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at aimhighwriting@gmail.com.

VI. Aim High’s Content Ownership and Use
Aim High owns all of the content we create. You cannot use any High Aim content without our written permission.

The contents of Aim High include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Aim High content (collectively, “Aim High Content”).  All Aim High Content and the compilation (meaning the collection, arrangement, and assembly) of all Aim High Content are the property of Aim High or its licensors and are protected under copyright, trademark, and other laws.  

License to You.  We authorize you, subject to these Terms, to access and use Aim High’s website and Content related to any of its services at our discretion.  Any other use is expressly prohibited.  This license is revocable at any time without notice and with or without cause.  Unauthorized use of Aim High Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited.  You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Aim High Content on any copy you make of Aim High Content.

No material made available on or through Aim High may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner unless such content is specifically made available for and authorized to be downloaded from Aim High Service, in which case you are authorized to download a single copy of such materials for your own use.  For example, certain Course materials may be made available as unprotected PDF files that can be downloaded by registered Course participants and/or other users of Aim High.  Materials not made available for download may not be downloaded or copied without prior written permission.  Modification of materials obtained Aim High, including, but not limited to, User Content, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of Aim High or its licensors, unless you have obtained express written authorization to the contrary.

No Commercial Use.  No materials obtained from Aim High, even if authorized for download from Aim High, may be redistributed, nor may they be used for any commercial purpose, without Aim High’s prior written permission.  Notwithstanding the prior sentence, the use of Course materials by a registered student of a Course for the development of a business, venture, or idea of which the registered student is actively involved as a founder or employee shall not be deemed a commercial purpose, but no additional reproductions may be made of any such materials, either electronically or in hard copy.

Additional Licenses.  Certain materials made available for download from or through Aim High may be subject to additional or different license terms and conditions, such as terms and conditions set forth in a Creative Commons license.  Any such terms and conditions shall be identified in advance for such materials, and by downloading any materials governed by any other license terms and conditions, you hereby agree to be bound by and comply with such terms and conditions.

No Implied Rights.  There are no implied licenses granted in these Terms.

Aim High Marks.  Aim High, the Aim High logo, and other Aim High logos and product and service names are or may be trademarks of Aim High (the “Aim High Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Aim High Marks.

VII. Intellectual Property Rights and Our License to Use
The client is the sole owner of the final product and Aim High and Jessica Peyton Roberts will not use a client’s work for advertising unless given written permission. Furthermore, the client is responsible for not passing on their work for others to use as this constitutes plagiarism.

It is very important that you have permission to use other people’s content or they may be able to sue you for violating their legal rights.

Aim High Claims No Ownership.  You or a third-party licensor, as appropriate, retain all intellectual property rights to the final product.  You are responsible for protecting those rights, including not passing on your product for a third-party to claim as their own work.

Aim High’s Use of Your User Content.  By sharing Your Work through Aim High, and subject to Aim High’s Privacy Policy, you grant Aim High a perpetual, transferrable, world-wide, non-exclusive, royalty-free license to use, modify, remove, publish, transmit, or display Your Work Content for any purpose without compensation to you, including for the purpose of promoting Aim High and our services.  You waive any rights you may have regarding Your Work, except for being altered or manipulated in any way that may be objectionable to you.  We reserve the right to refuse to accept, post, display, or transmit any Work in our sole discretion. Aim High will discontinue this licensed use within a commercially reasonable period.

You Acquire No Ownership of Others’ Content.  You understand and agree that you will not obtain, through use of Aim High, any right, title, or interest (including intellectual property rights) in content delivered via Aim High.

You Must Have Rights to the Content You Post.  You represent and warrant that: (i) you own the content posted by you on or through Aim High  or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your Work on or through Aim High does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your Work on Aim High does not result in a breach of contract between you and a third party.  You agree to pay all monies owing to any person as a result of posting Your Work on Aim High.  You also acknowledge and agree that Your Work is non-confidential and non-proprietary.

Aim High contains content from users and other Aim High licensors.  Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through Aim High.

VIII. Copyright Policy
Tell us if you think a user has violated your copyright using Aim High Service, or if you think someone incorrectly reported that you violated his or her copyright.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the [insert Company name] Service infringe your copyright, you (or your agent) may send [insert Company name] a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked.  The notice must include the following information: 

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed; 2.      Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the [insert Company name] Service are covered by a single notification, a representative list of such works); 3.Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow [insert Company name] to locate the material on the [insert Company name] Service; 4. Your name, address, telephone number, and email address (if available); 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Aim High counter-notice.  

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.

IX.Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you.

We appreciate hearing from our users and welcome your comments regarding Aim High.  Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall: 

own, exclusively, all now known or later discovered rights to the creative ideas; 1. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and  2. be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. 

X. User Content Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on Aim High or content available through Aim High.

You accept that any reliance on material posted by other users or third-party service on Aim High’s website will be at your own risk.  By using Aim High’s website you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.

You are solely responsible for Your Work through Aim High.  Aim High does not endorse any, nor is it responsible for, Work created before, during, or after a client’s relationship with Aim High.  You assume all risks associated with Your Work, including anyone’s reliance on its quality, accuracy, or reliability.  You may expose yourself to liability if, for example, Your Work contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.  

 Do not do bad things with Aim High, try to break it, or steal our hard work.

You agree to use Aim High only for its intended purpose.  You must use Aim High in compliance with all privacy, data protection, intellectual property, and other applicable laws.  The following uses of Aim High Service are prohibited.  You may not:

attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to Aim High, user accounts, or the technology and equipment supporting Aim High; 7. frame or link to Aim High without permission; 8. use data mining, robots, or other data gathering devices on or through Aim High; 9. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity; 10. disclose personal information about another person or harass, abuse, or post objectionable material; 11. sell, transfer, or assign any of your rights to use Aim High to a third party without our express written consent; 12.post advertising or marketing links or content, except as specifically allowed by these Terms; 13.use Aim High after your account has been terminated, without our consent; 14.use Aim High in an illegal way or to commit an illegal act in relation to Aim High or that otherwise results in fines, penalties, and other liability to Aim High or others; or 15.access Aim High from a jurisdiction where it is illegal or unauthorized. 

XI. Consequences of Violating These Terms
If you do not act acceptably, we may prohibit your use of Aim High’s services.

We reserve the right to suspend or terminate your account and prevent access to Aim High and Jessica Peyton Roberts for any reason, at our discretion.  We reserve the right to refuse to provide Aim High’s services to you in the future.

Aim High may review and remove any Work at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of Aim High.

You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of Aim High.

XII. Aim High’s Liability
We are not liable for the actions of our users when they use Aim High’s website or services.  We may also change Aim High at any time and are not liable for how this may affect you.  We do not guarantee the quality or accuracy of any content you view using Aim High’s or other websites, or used during sessions with clients.

Professional Liability. Aim High does not write and produce a final product for the client to use, as this constitutes plagiarism. Aim High enhances a client’s writing skills by providing suggestions, corrections, instructions, and guidance. Aim High and Jessica Peyton Roberts are not responsible for writing a client’s paper, essay, application, or any other product on behalf of the client for the client to submit to a third-party for evaluation. 

Aim High and Jessica Peyton Roberts are not guaranteeing admission into a particular college, university, or program, nor the win of a specific scholarship, grant, fellowship, or other kind of monetary award, nor receiving a specific job offer or promotion. Aim High and Jessica Peyton Roberts are not liable for a client’s failure to achieve specific objectives beyond Aim High’s and Jessica Peyton Roberts’s control.

A client using Aim High agrees to these Terms and waives Aim High and Jessica Peyton Roberts, and those related to her, from any professional liability.

Changes to Aim High.  We may change, suspend, or discontinue any aspect of Aim High at any time, including hours of operation or availability of Aim High or any feature, without notice or liability.

User Disputes.  We are not responsible for any disputes or disagreements between you and any third party you interact with using the Aim High, including POP licensing or relationship authentication.  You assume all risk associated with dealing with third parties.  You agree to resolve disputes directly with the other party.  You release Aim High of all claims, demands, and damages in disputes among users of Aim High.  You also agree not to involve us in such disputes.  Use caution and common sense when using Aim High.     

Content Accuracy.  We make no representations about accuracy, reliability, completeness, or timeliness of any contents of Aim High.  Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through Aim High.  Use Aim High’s website and services at your own risk.  

Third-Party Websites.  Aim High’s website may include links to third party websites and applications, such as Schoology.  You are responsible for evaluating whether you want to access or use them.  We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications.  You assume all risk and we disclaim all liability arising from your use of them.

We make no promises and disclaim all liability of specific results from the use of Aim High.

Released Parties Defined.  “Released Parties” include Aim High and its affiliates, Jessica Peyton Roberts and those related to her, agents, service providers, partners, Instructors, and licensors.

A.   DISCLAIMER OF WARRANTIES
You use Aim High at your own risk.  We make no warranties or guarantees.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF AIM HIGH IS AT YOUR SOLE RISK, AND AIM HIGH IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON AIM HIGH, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) AIM HIGH WILL MEET YOUR REQUIREMENTS, (ii) AIM HIGH WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AIM HIGH WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE AIM HIGH WILL MEET YOUR EXPECTATIONSAND, AND (iv) ANY ERRORS IN AIM HIGH WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF AIM HIGH IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

B.     LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of Aim High.  You may be responsible for our legal fees and costs arising out of your use of Aim High.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AIM HIGH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE AIM HIGH’S SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF AIM HIGH; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON AIM HIGH; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO AIM HIGH.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH AIM HIGH OR YOUR USE OF AIM HIGH CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE COST OF A SINGLE SESSION, $40.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Aim High Content, or (iii) your breach of these Terms.  We shall provide notice to you promptly of any such claim, suit, or proceeding.

XIII. General Terms
These Terms constitute the entire agreement between you and Aim High concerning your use of Aim High.  Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.

XIV. Arbitration, Class Waiver, and Waiver of Jury Trial
 We are located in Washington, so all disputes must be resolved there.  We will use arbitration to resolve any problems, and you cannot join a class action lawsuit or obtain a jury trial for any disputes you have with us related to your use of Aim High.

These Terms and the relationship between you and Aim High shall be governed by the laws of the state of Washington without regard to its conflict of law provisions.  You and Aim High agree to submit to the personal and exclusive arbitration of any disputes relating to your use of Aim High under the rules of the American Arbitration Association.  Any such arbitration, to the extent necessary, shall be conducted in Washington.  You covenant not to sue Aim High in any other forum. 

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of Aim High or these Terms:

• YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;

• YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND

• YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

Contact Information
Aim High Writing Services
Jessica Peyton Roberts
513.460.5317
aimhighwriting@gmail.com