Terms and Conditions
Click the tab below to read important information about what you are paying for.
The terms “I,” “me,” and “my” refer to Jaime Miller Advising. The term the “Site” refers to my website, http://jaimemiller.com
The terms “user,” “student,” “you,” and “your” refer to site visitors, customers, and any other users of the site. Anytime that you use The Site or Services, including all materials presented herein and all online services provided by Jaime Miller Advising, that is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, students, and all other users of the site.
By using the Site or Service, you agree to these Terms and Conditions, and acknowledge reading them.
This applies to the following programs:
- The “Understand How to Get” series
- Advanced Speaking Guide
- Right Notes
- 24+ Writing Tutorial
- Delta’s Key to the TOEFL iBT
I will email you to confirm the placement of your order and 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 email@example.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.
If you have fewer than 30 days to study with our program(s) before your exam date, please do not request a refund.
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.
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.
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.
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.
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.
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.
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.
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.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Jaime Miller Advising
Sacramento, California, 95817
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.
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.
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