Terms and Conditions
Click the tab below to read important information about what you are paying for.
TOEFL Success Hub Material
Weekly TOEFL iBT Class Pass Membership
Self-Study Digital e-Courses
The Partnership (Private Lessons)
TOEFL Success Hub Material
The TOEFL Success Hub Material includes the following programs:
- The “Measurable Progress Framework” series
- Advanced Speaking Guide
- Right Notes
- 24+ Writing Tutorial
- Delta’s Key to the TOEFL iBT
Order Confirmation
You will get an email confirmation with details concerning product delivery. If there is an error in this email confirmation, it is your responsibility to inform me as soon as possible by email at info@jaimemiller.com
There are lots of people with your first and last name. To avoid delays and confusion, use the same email address whenever you write to me.
Length of Your Studies
By paying, you agree that you have at least 30 days before the date of your next registered exam to use our program. If you need many improvements in multiple areas (your grammar, vocabulary, accent or exam strategies in multiple sections), it is unrealistic to see significant improvement in fewer than 30 days. You also agree to ask us questions if you are confused about anything, so that we can help you and solve your challenge.
Refunds
You have 30 days from the day you pay to request a refund for self-study digital programs (Delta’s Key, Advanced Speaking Guide, 24+ Writing Tutorial and Right Notes). Refunds are processed at the end of each month, at which point, membership access to the Material is cancelled and the credit card or PayPal account associated with payment is refunded in full.
Refunds are not given if you receive your target scores after you access my material.
Refunds void and invalidate any bundle discounts. In other words, if you choose to break apart your bundle and get refunds on part of it, you pay the full price for the elements that you keep.
I charge a $112.50 administrative fee for the approximate hour that it takes me to process your refund and break apart your bundle. The reason is because it takes time and energy for me to discuss it with you, run the calculations, check details, etc.
Your refund will be given after your final payment is made.
My Intellectual Property
The Site and Service contain intellectual property owned by Jaime Miller Advising, including trademarks, copyrights, proprietary information, and other intellectual property. Delta Publishing Company owns all trademarks and copyrights for Delta’s Key to the TOEFL iBT.
If you notice that another teacher or school is distributing or selling my programs, please send me an email and tell me about it.
No one may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without my prior written consent. I reserve the right to immediately remove violators from the Service, without refund, if they are caught violating this intellectual property policy.
Use of the Site & Service
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to exam preparation for non-native English speakers and other information are subject to change. Jaime Miller Advising makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Jaime Miller Advising disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
Account Creation
Your account access to the Material in my website exists for an indefinite period. In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to me will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction when using The Service.
Lawful Purposes
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Refusal of Service
The Services are offered subject to my acceptance of your order or requests. I reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by me until payment has been processed. I may at any time change or discontinue any aspect or feature of the Site or Service, subject to me fulfilling my previous responsibilities to you based on acceptance of your payment.
Product Description
I try to describe and display the Service as accurately as possible. While I try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time I may correct errors in pricing and descriptions. I reserve the right to refuse or cancel any order with an incorrect price listing.
Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Intellectual Property Rights of Your Material
I claim no intellectual property rights over the material you supply to Jaime Miller Advising. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Jaime Miller Advising remains yours to the extent that you have any legal claims therein. You agree to hold me harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant me a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
Changed Terms
I may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, exemplary, or any other damages arising out of your use of the site or our programs and services. Additionally, Jaime Miller Advising is not liable for damages in connect with (1) any failure of website performance, error, omission, attack by hackers or pirates, interruption, delay in operation or transmission of videos, computer virus, or system failure; (2) loss of points for your score at your next test; (3) third-party theft of, destruction of or unauthorized access to, alternation or use of your information, regardless of our negligence. The foregoing applies even if Jaime Miller Advising has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall my cumulative liability to you exceed the total purchase prices of the service you have purchased from me, and if no purchase has been made by you, my cumulative liability to you shall not exceed $100.
Third-Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Jaime Miller Advising. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Indemnification
You shall indemnify and hold me harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide me with such assistance, without charge, as I may request in connection with any such defense, including, without limitation, providing me with such information, documents, records, and reasonable access to you, as I deem necessary. You shall not settle any third party claim or waive any defense without my prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and Jaime Miller Advising pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Jaime Miller Advising shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by me.
Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
info@jaimemiller.com
Jaime Miller Advising
1401 21st St Ste R #6449
Sacramento, California, 95811
United States of America
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be the United States of America, California. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: May 2021
Weekly TOEFL iBT Class Pass Membership
By registering for Weekly TOEFL iBT Class Pass with Jaime Miller & Craig Gobroski, you are agreeing to the following terms.
1. Scope of “Live Time” Services
This Weekly TOEFL iBT Class Pass includes the following services:
- a seat in the weekly discussion for the number of weeks that you have paid for
- invitations to each meeting via Google Calendar, with reminders and explanations of how to prepare
- the opportunity for you to ask questions, show your work and get feedback
- access to the temporary video recordings
2. Student Duties
(a) Payments / Installments: You agree to pay $30 per month. In the event that any authorized charge applied by me to your card fails, you remain responsible for payment as agreed herein, as well as any penalty fees as detailed in paragraph (b).
(b) You agree not to share video class recordings with anyone else or share your log in information with anyone.
(c) Tools & Materials to be Provided by Student: You agree to provide all tools, materials, information and documentation that may be required by us to effectively perform said responsibilities in connection with the Services.
(d) Additional Student Duties: You understand that your success in the program depends on your level of participation in the Services. In order to get the most out of the Service, you must also work to implement the tools and strategies learned throughout the Service, and make considerable efforts toward your own English development on your own time during the term of Services. You are responsible for requesting additional support from us, if needed.
3. Term
The term of these Terms and Conditions shall be until the date of the final class that you have paid to attend.
4. Cancellation and Refunds
Classes are sold in monthly packages and are not refundable. You can cancel at any time.
To benefit from Live Time with Jaime Miller, you need to have the time, trust, energy, motivation and ability to study and learn from School. If any of these factors limits your ability to benefit from my material, I reserve the right to refuse service and recommend other teachers or programs that may serve you better. I may cancel your Program membership at any time for any reason by providing written notice to you. In the event that we cancel your membership, we will provide a prorated refund of program fees to be calculated based on the time left in the program.
5. No Guarantees
No one can guarantee your TOEFL iBT score because your success depends on many factors (your trust in my Program, your memory, your motivation, your current level of English, how many areas you need to focus on to see results on TOEFL iBT Speaking, how much time you have to study, and your energy level and feelings). Students who commit to the program and follow the protocols typically see results within 6-8 months. However, some students see faster results.
I cannot guarantee the outcome of the Services and my comments about the outcome are expressions of opinion only. I make no guarantees other than that the Services described in Paragraph 1(a) shall be provided to you in accordance with these Terms and Conditions. You acknowledge that I cannot guarantee any results of the Services as such outcomes are based on subjective factors (including, but not limited to, your participation) that cannot be controlled by me.
6. Confidentiality
(a) Student Information: Any and all Student information and data of a confidential nature, including but not limited to any TOEFL iBT scores and needs, and English language needs and students’ contact information (hereinafter referred to as “Confidential Information”), shall be treated by me in the strictest confidence and not disclosed to third parties or used by School for any purpose other than for providing Student with the services specified hereunder without Student’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by School, (b) was in School’s possession prior to receipt from the disclosure, (c) is received by School independently from a third party free to disclose such information, or (d) is independently developed by School without use of the Student’s Confidential Information.
(b) Participant Information: Student agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by fellow students in the Program (herein referred to as “Participants”). Any Confidential Information shared by Participants is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Student agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Student agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Student will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(c) Jaime Miller Advising’s Information: Student agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by School in the Program. Any Confidential Information shared by me, my employees or contractors is confidential, Proprietary, and belongs solely and exclusively to School. You agree not to share, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Student agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Student will keep School’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(d) Non-Disparagement: Student shall, during and after the participation in the Program refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding School, or any of School’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
(e) Violations of Confidentiality: Student agrees that if Student violates or displays any likelihood of violating this paragraph 7 the School and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.
7. Ownership of Intellectual Property
Student agrees that the Program contains proprietary content (“Intellectual Property”) that is owned solely by Jaime Miller Advising and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. School retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the world in any and all mediums. School allows Student a license to use the Intellectual Property solely for Student’s own noncommercial purposes.
Student agrees that s/he has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. Student agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on School’s Intellectual Property or that in any way violate School’s Intellectual Property. Any registered or common law trademark, service mark, logo or tagline used in conjunction with the Program is property of the School. Student may not use such trademarks or service marks for any purpose except with written permission by School.
8. Warranties
(a) School’s Warranties: School represents, warrants and covenants that, School has full authority to enter into these Terms and Conditions and all of the Services, whether performed by School or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Student’s Warranties: Student represents, warrants and covenants that Student has full authority to enter into these Terms and Conditions and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Student’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.
(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THESE TERMS, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.
9. Limitation of Liability
(a) IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO CLIENT FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND
(b) IN NO EVENT SHALL COMPANY’S LIABILITY TO CLIENT EXCEED THE FEES PAID BY CLIENT UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
(c) THE FOREGOING LIMITATIONS IN THIS SECTION 11 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS UNDER PARAGRAPHS 6, 9 AND 19.
10. Effect of Headings
The subject headings of the paragraphs and subparagraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
11. Entire Agreement; Modification; Waiver
These Terms, coupled with any other purchase agreements, constitute the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of these Terms and Conditions shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of these Terms and Conditions or the S26 Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
12. Neutral Construction
These Terms and Conditions were prepared by School and/or School’s legal counsel. It is expressly understood and agreed that these Terms and Conditions shall not be construed against School merely because they were prepared by its counsel; rather, each provision of these Terms and Conditions shall be construed in a manner which is fair to both parties.
13. Changed Terms
I may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by me posting the new Terms and Conditions on the Site. Any use of the Site or Service by you after being notified means you accept these amendments. I reserve the right to update any portion of my Site and Service, including these Terms and Conditions at any time. I will post the most recent versions to the Site and list the effective dates on the pages of my Terms and Conditions.
14. Assignment
These Terms and Conditions shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Student may not assign any of its rights under these Terms and Conditions, except to a wholly owned subsidiary entity of Student. No such assignment by Student to its wholly owned subsidiary shall relieve Student of any of its obligations or duties under these Terms and Conditions.
15. Notices
All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:
Jaime Miller Advising
1401 21st St Ste R #6449
Sacramento, California 95811
To Student at Student’s address provided at the time of purchase.
Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address.
16. Governing Law; Venue; Mediation
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any court proceeding based on or arising out of these Terms and Conditions shall be Sacramento County, California. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
17. Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
18. Severability
If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the These Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Questions about these Terms and Conditions? Email us info@jaimemiller.com.
Updated: May 2021
Self-Study Digital e-Courses
Length of Studies
By paying, you agree that you have at least 15 days (before your next registered exam) to use self-study courses like The Measurable Progress Bundle. ⚠️ Do not register if you think you might you get your results within the next 14 days.
Refunds / Canceling
In order to get a full refund, you must do all of the following:
- By Day 30: Request it via email to info@jaimemiller.com
- By Day 32: Provide the tracking number for the package that you are mailing back with all of your study materials
- By Day 40 for US Purchases (or Day 65 for International Purchases): I must receive the package with all of the unused study materials that I sent you
⚠️You will not get a refund
- if you get your target scores after you have access to the information in The Measurable Progress Bundle.
- if you are a tutor, school or teacher who evaded my affiliate process.
- if you harass me or treat me inappropriately.
I’m not a large company with a full-time billing department. I do my bookkeeping at the end of the month. That is when your credit card or PayPal account will be refunded.
Refusal of Service
I reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by me until payment has been processed. I may at any time change or discontinue any aspect or feature of the Site or Service, subject to me fulfilling my previous responsibilities to you based on acceptance of your payment.
My Intellectual Property
The Site and Service contain intellectual property owned by Jaime Miller Advising, including trademarks, copyrights, proprietary information, and other intellectual property.
If you notice that another teacher or school is distributing or selling my programs, please send me an email and tell me about it.
No one may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without my prior written consent. I reserve the right to immediately remove violators from the Service, without refund, if they are caught violating this intellectual property policy.
Use of the Site & Service
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to exam preparation for non-native English speakers and other information are subject to change. Jaime Miller Advising makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Jaime Miller Advising disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
Account Creation
Your account access to the Material in my website exists until you reach your target scores. In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to me will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction when using The Service.
Lawful Purposes
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
Product Description
I try to describe and display the Service as accurately as possible. While I try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time I may correct errors in pricing and descriptions. I reserve the right to refuse or cancel any order with an incorrect price listing.
Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.
Intellectual Property Rights of Your Material
I claim no intellectual property rights over the material you supply to Jaime Miller Advising. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Jaime Miller Advising remains yours to the extent that you have any legal claims therein. You agree to hold me harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant me a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.
Changed Terms
I may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, exemplary, or any other damages arising out of your use of the site or our programs and services. Additionally, Jaime Miller Advising is not liable for damages in connect with (1) any failure of website performance, error, omission, attack by hackers or pirates, interruption, delay in operation or transmission of videos, computer virus, or system failure; (2) loss of points for your score at your next test; (3) third-party theft of, destruction of or unauthorized access to, alternation or use of your information, regardless of our negligence. The foregoing applies even if Jaime Miller Advising has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall my cumulative liability to you exceed the total purchase prices of the service you have purchased from me, and if no purchase has been made by you, my cumulative liability to you shall not exceed $100.
Third-Party Resources
The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Jaime Miller Advising. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Indemnification
You shall indemnify and hold me harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide me with such assistance, without charge, as I may request in connection with any such defense, including, without limitation, providing me with such information, documents, records, and reasonable access to you, as I deem necessary. You shall not settle any third party claim or waive any defense without my prior written consent.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Entire Agreement; Waiver
This Agreement constitutes the entire agreement between you and Jaime Miller Advising pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Jaime Miller Advising shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by me.
Notices
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
info@jaimemiller.com
Jaime Miller Advising
1401 21st St Ste R #6449
Sacramento, California, 95811
United States of America
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be the United States of America, California. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.
Updated: December 2022
The Partnership (Private Lessons)
By paying for private lessons with me, you are agreeing to the following terms.
1. Scope of Private Lesson Services
(a) The private lesson package includes the following services:
- Customized “to do” lists and week-by-week study protocols of what to study to increase your score
- Feedback that is personalized and customized to you
- My opinion on when to schedule your official TOEFL iBT test
The membership services outlined above are hereafter referred to as “the Services” or “Program.”
(b) Any additional services provided by School to Student may require additional fees to be discussed and agreed upon by the parties.
2. Student Duties
(a) Payments / Installments: If you are paying with installments, you agree for us to charge your credit card with equal, monthly installments until your balance is paid off. If you have any questions about this, just ask. You understand that you will not receive an invoice reminder for these payments. In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed herein, as well as any penalty fees as detailed in paragraph (b).
(b) Late payment fee: If any fee outlined in paragraph (a) remains unpaid on the 7th day following its due date, a penalty fee of ten percent (10%) of the payment due will be assessed. We reserve the right to restrict your access to the Services, or terminate your participation in the Services unless and until all outstanding program fees and assessed penalties are paid in full.
(c) Tools to be Provided by Student: You agree to provide all tools, information and documentation that may be required by us to effectively perform said responsibilities in connection with the Services.
(d) Extra Practice Material: You have membership to my website. Your membership is controlled by your email address. The computer system cannot recognize that various email addresses all belong to you. To avoid delays and confusion, use the same email address that you have been using to send us emails.
You pay to have access to my special study documents and digital courses in my website. You agree not to share them with anyone else or share your log in information with anyone.
(e) Additional Student Duties: You understand that your success in the program depends on your level of participation in the Services. In order to get the most out of the Service, you must also work to implement the tools and strategies learned throughout the Service, and make considerable efforts toward your own English development on your own time during the term of Services. You are responsible for requesting additional support from me, if needed.
3. Term
The term of these Terms and Conditions shall be until the date of your final lesson.
4. Cancellation and Refunds
The Partnership is non-refundable, even in the event that you cancel or do not use lessons.
Cancelling your private lesson package or not participating will not stop your obligation to pay the full program fee as described in Paragraph 2(a). If you cancel your private lesson package after Day 31, you will remain obligated to pay all remaining unpaid program fees in full.
Refunds void and invalidate any bundle discounts. In other words, if you choose to break apart your bundle and get refunds on part of it, you pay the full price for the elements that you keep.
I charge a $112.50 administrative fee for the approximate hour that it takes me to process your refund and break apart your bundle. The reason is because it takes time and energy for me to discuss it with you, run the calculations, check details, etc.
Your refund will be given after your final payment is made.
To benefit from your private lesson package, you need to have the time, trust, energy, motivation and ability to study and learn from me. If any of these factors limits your ability to benefit from my material, I reserve the right to refuse service and recommend other teachers or programs that may serve you better. I may cancel your Program membership at any time for any reason by providing written notice to you. In the event that I cancel your private lesson package, I will provide a prorated refund of program fees to be calculated based on the time left in the program.
5. No Guarantees
No one can guarantee your TOEFL iBT score because your success depends on many factors (your trust in my Program, your memory, your motivation, your current level of English, how many areas you need to focus on to see results on TOEFL iBT Speaking, how much time you have to study, and your energy level and feelings). Students who commit to the program and follow the protocols typically see results within 6-8 months. However, some students see faster results.
I cannot guarantee the outcome of the Services and my comments about the outcome are expressions of opinion only. I make no guarantees other than that the Services described in Paragraph 1(a) shall be provided to you in accordance with these Terms and Conditions. You acknowledge that School cannot guarantee any results of the Services as such outcomes are based on subjective factors (including, but not limited to, your participation) that cannot be controlled by me.
6. Confidentiality
(a) Student Information: Any and all Student information and data of a confidential nature, including but not limited to any TOEFL iBT scores and needs, and English language needs and students’ contact information (hereinafter referred to as “Confidential Information”), shall be treated by School in the strictest confidence and not disclosed to third parties or used by School for any purpose other than for providing Student with the services specified hereunder without Student’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by School, (b) was in School’s possession prior to receipt from the disclosure, (c) is received by School independently from a third party free to disclose such information, or (d) is independently developed by School without use of the Student’s Confidential Information.
(b) Participant Information: Student agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by fellow students in the Program (herein referred to as “Participants”). Any Confidential Information shared by Participants is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Student agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Student agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Student will keep Participants’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(c) School Information: Student agrees to keep confidential any Confidential Information, as defined in paragraph 7(a), shared by School in the Program. Any Confidential Information shared by School, its employees or contractors is confidential, Proprietary, and belongs solely and exclusively to School. Student agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the Facebook group or otherwise. Student agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Student will keep School’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
(d) Non-Disparagement: Student shall, during and after the participation in the Program refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding School, or any of School’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
(e) Violations of Confidentiality: Student agrees that if Student violates or displays any likelihood of violating this paragraph 7 the School and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.
7. Ownership of Intellectual Property
Student agrees that the Program contains proprietary content (“Intellectual Property”) that is owned solely by School and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. School retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the world in any and all mediums. School allows Student a license to use the Intellectual Property solely for Student’s own noncommercial purposes.
Student agrees that s/he has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. Student agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on School’s Intellectual Property or that in any way violate School’s Intellectual Property. Any registered or common law trademark, service mark, logo or tagline used in conjunction with the Program is property of the School. Student may not use such trademarks or service marks for any purpose except with written permission by School.
8. Warranties
(a) School’s Warranties: School represents, warrants and covenants that, School has full authority to enter into these Terms and Conditions and all of the Services, whether performed by School or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Student’s Warranties: Student represents, warrants and covenants that Student has full authority to enter into these Terms and Conditions and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every of Student’s obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.
(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THESE TERMS, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.
9. Limitation of Liability
(a) IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO CLIENT FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND
(b) IN NO EVENT SHALL COMPANY’S LIABILITY TO CLIENT EXCEED THE FEES PAID BY CLIENT UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.
(c) THE FOREGOING LIMITATIONS IN THIS SECTION 11 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS UNDER PARAGRAPHS 6, 9 AND 19.
10. Effect of Headings
The subject headings of the paragraphs and subparagraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
11. Entire Agreement; Modification; Waiver
These Terms, coupled with the S26 Agreement, constitute the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of these Terms and Conditions shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of these Terms and Conditions or the S26 Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
12. Neutral Construction
These Terms and Conditions were prepared by School and/or School’s legal counsel. It is expressly understood and agreed that these Terms and Conditions shall not be construed against School merely because they were prepared by its counsel; rather, each provision of these Terms and Conditions shall be construed in a manner which is fair to both parties.
13. Changed Terms
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on the Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
14. Assignment
These Terms and Conditions shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Student may not assign any of its rights under these Terms and Conditions, except to a wholly owned subsidiary entity of Student. No such assignment by Student to its wholly owned subsidiary shall relieve Student of any of its obligations or duties under these Terms and Conditions.
15. Notices
All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:
Jaime Miller Advising
1401 21st St Ste R #6449
Sacramento, CA 95811
To Student at Student’s address provided at the time of purchase.
Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address.
16. Governing Law; Venue; Mediation
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of California as applied to contracts that are executed and performed entirely in California. The exclusive venue for any court proceeding based on or arising out of these Terms and Conditions shall be Sacramento County, California. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms and Conditions by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
17. Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
18. Severability
If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the These Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Questions about these Terms and Conditions? Email us info@jaimemiller.com.
Updated: May 2021
