These Terms of Service (the “Terms”) govern your use of the Babskenky & Company websites and mobile applications owned or operated by Babskenky & Company Inc., operating at 27222 Fulshear Bend Drive, #4326, Fulshear TX 77441 and its affiliated entities and partners (“Babskenky & Company,” “we” or “us”) - including the Babskenky & Company website (the “Site”), related educational applications, interactive features, and resources offered by Babskenky & Company on the Site, on mobile devices or through social media platforms (all of which are collectively referred to as the “Babskenky & Company Service” or “Service”) - as well as your participation in the Babskenky & Company educational programs offered through the Service.

Please read these Terms carefully. By clicking “I accept the terms of the User Agreement” and “Start Learning”, you affirm that you have read and understand, and agree to be bound by, these Terms. If you do not agree to these Terms, you should not use the Babskenky & Company Service.

Your use of certain portions of the Service may be subject to additional terms and conditions (“Additional Terms”). Where Additional Terms apply, we will make them available for you to read through your use of that portion of the Service. By clicking “I accept the terms of the User Agreement” and “Start Learning”, you agree to be bound by the Additional Terms.

The Babskenky & Company Service

The Babskenky & Company Service consists of advanced professional training programs offered by Babskenky & Company (“Programs”). Upon successful completion of a Program, as determined by Babskenky & Company, you will receive a certificate of completion (a “Certificate”) (if you do not successfully complete a course, you may be entitled to receive a certificate of attendance). You understand and acknowledge the following:

• THE BABASKENKY & COMPANY SERVICE PROGRAMS ARE NOT ACCREDITED. Babskenky & Company is not an accredited institution and we do not confer formal degrees. A Certificate is not a formal degree.
• YOU WILL NOT RECEIVE ACADEMIC CREDIT FOR YOUR COMPLETION OF A PROGRAM. A Certificate will not entitle you to academic credit recognized by any other institution.
• COMPLETION OF A PROGRAM IS NOT A GUARANTEE OF FUTURE EMPLOYMENT OR ADVANCEMENT. While we believe that your completion of a Babskenky & Company Service program will enhance your knowledge base and skill set and make you a more well-rounded employee or employment candidate, we do not and cannot make any representations regarding your future employment or advancement.
• YOUR WORK MUST BE YOUR OWN. The work you perform and submit (e.g., homework assignments, quizzes, exams, and projects) will be your own work (except if you are permitted to work with others).
• YOU MAY NOT SHARE YOUR WORK WITH OTHERS. You will not share Babskenky & Company your work with anyone else or perform work for others (except if you are expressly permitted to share or collaborate).
• NO CHEATING. You will not engage in any dishonest or improper conduct to improve your results or affect the results of other students.
• YOU MAY NOT CHANGE THE PROGRAM FOLLOWING ENROLLMENT, UNLESS AUTHORIZED BY BABSKENKY & COMPANY INC. Additional Fees may apply by Babskenky & Company for changing the Program.

Your Responsibilities

In order to participate in the Program, you must register. When you register, Babskenky & Company collects certain personal information about you. You agree that Babskenky & Company may use information Babskenky & Company obtains about you in accordance with the provisions of Babskenky & Company's Privacy Policy. You also agree that the information you provide at registration and any time following registration will be true, accurate, and complete and you will update such information so that it remains up to date and accurate at all times.
To access the Service, you must sign up as a new Babskenky & Company user via the Site. Upon registration you shall provide valid information requested in the registration form and shall update such information if necessary. Babskenky & Company shall reserve the right to require at any time that you verify the information provided upon registration and to request supporting documents. In case provided information fails to conform to the information provided upon registration, Babskenky & Company reserves the right to deny your access to the account.
As part of the registration process, you may be asked to select a username and password. Babskenky & Company may refuse to grant you a username or revoke your username for any reason in its sole discretion, including if we determine that such username impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Service to any third party.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. BABSKENKY & COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.

We value the integrity of Babskenky & Company community. To protect this community, you agree to comply with the Code of Conduct. In addition, you agree not to use the Babskenky & Company Service to:

• Violate any local, state, national or international law or regulation;
• Transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically, or otherwise objectionable;
• Stalk, harass, bully, or harm another individual;
• Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
• Knowingly transmit any material that contains adware, malware, spyware, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Defeat or interfere with any security feature of the Babskenky & Company Service, or attempt to do so;
• Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
• Interfere with or disrupt the Babskenky & Company Service or servers or networks connected to the Babskenky & Company Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Babskenky & Company Service; or
• Alter or modify any content or component of the Babskenky & Company Service, other than your User Content (as defined below).

You also agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” “offline readers” or the like, that access the Babskenky & Company Service.

Fees and Payment, Refunds, Suspension, and Break Payment.

You will be responsible for paying the then-current tuition fees for the Programs you take.
You will pay the applicable tuition fees in advance using payment mechanisms we may make available.
All charges and payments shall be in U.S. Dollars unless otherwise agreed by Babskenky & Company.
You may pay your tuition fee fully in advance or opt for recurring payments. By selecting recurring payments, you expressly authorize Babskenky & Company to automatically charge the applicable recurring fee to your payment method. Your first payment will be charged to your payment method upon your purchase date. Your second payment will be charged to your payment method on the date that is 26 days from the Program Start date. For each subsequent payment, the fee will automatically be charged on the date that is 30 calendar days following the date of your previous payment.
For the avoidance of doubt, regardless of your payment method, payment schedule, advancement in the program, suspension, or your consumption of Babskenky & Company Service, you are responsible for the payment of your tuition fee, and this obligation is non-suspendible and non-waivable.

Tuition excludes all taxes, fees, duties, and governmental assessments (except for taxes based on Babskenky & Company's net income) that may be imposed or become due in connection with your use of the Service (“Taxes”) and you are responsible for payment of any such Taxes.

Student's Right to Cancellation, Withdrawal, & Refunds Cancellation Policy & Refund Policy

If you cancel your enrollment in accordance with the terms below, all payments made by you, or on your behalf, will NOT be refunded.

Third-party financing, loans, and payment processing.

If you finance Babskenky & Company Service through a third-party loan or financial services provider, the contracts with those providers may prevail over these Terms on payment, refund, and cancellation provisions. You should independently and voluntarily decide whether you wish to finance Babskenky & Company Service and contract with such providers. Babskenky & Company has no control over your agreements with those providers.

Babskenky & Company does not provide you any loans, financial services, or payment processing. Babskenky & Company does not represent any third-party providers. Nor any provider is authorized to represent Babskenky & Company. Babskenky & Company disclaims all warranties and liabilities in connection with any third-party loans or other financial services or any representations concerning those services.

Babskenky & Company reserves the right to decline payments made through loans or third-party financial providers. Alternatively, Babskenky & Company shall approve such payments only after the loan has been approved by the respective financial provider.

Suspension and Termination by Babskenky & Company.

We may suspend your participation in the Program and/or you may receive a warning from us describing the nature of a given concern under the following circumstances:

1. if you fail to pay your tuition fees or we are unable to process your payment;
2. if you breach these Terms and/or the Code of Conduct;
3. if you fail the Program deadlines for submitting tasks or projects; or
4. if you fail to sign the enrollment agreement or any other required paperwork before the Program Start Date and/or within 14 calendar days following your receipt of the paperwork, whichever occurs earlier. Your suspension will last until complete elimination of the reason or circumstances causing such suspension. If you failed to fix the circumstances leading to your suspension within three business days following Babskenky & Company's notice of suspension, of if you breach or violate these Terms or the Code of Conduct again after receiving a warning, Babskenky & Company may permanently terminate your access to the program without refunding you any fees paid.

Regardless of the reason for your suspension and/or break, you will continue to be charged during the time of your suspension/break until the cost of your Program is fully paid.

Request for Break: You may also ask for a break from your studies for up to three months. In case of break, it is your responsibility to meet the Program deadlines and complete the Program on time.
You acknowledge and agree that Babskenky & Company is authorized to terminate your right to complete the Program and to cancel your access to the Program in case of your failure to return to the studies following three months of the break. Your return to the studies will require new enrollment into the Program, without any discount or offset.

Regardless of the reason for your suspension and/or break, you will continue to be charged during the time of your suspension/break until the cost of your Program is fully paid.

Ownership of Babskenky & Company Content, Restrictions on Use: The content on the Babskenky & Company Service, other than “User Content” or “Third-Party Content” (as defined below), including, without limitation, videos, clips, photos, text, software, scripts, graphics, sounds, music, interactive features and the like (collectively, the “Content”) and all trademarks, design marks, as well as certain names, logos and materials displayed on or through the Babskenky & Company Service that constitute trademarks, tradenames, service marks or logos (the “Marks”) are owned by Babskenky & Company or its affiliates or licensors and are subject to copyright, trademark and other intellectual property rights under U.S. and international laws.
Except as authorized by these Terms or as otherwise intended or authorized by Babskenky & Company through the Service, you agree not to copy, download, stream, capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the Babskenky & Company Service or any portion of the Babskenky & Company Service, including, without limitation, the Content and the Marks.
The Babskenky & Company Service is provided for your personal use only. You must abide by all copyright notices, trademark notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content.

User Content

The Babskenky & Company Service may enable users, among other things, to post and share work, make comments, post messages and other content to the Babskenky & Company Service (collectively, the “User Content”). Such User Content will generally be available to all users of the Babskenky & Company Service. User Content made in connection with a Babskenky & Company competition or contest may be subject to Additional Terms that may differ from these Terms.

When you provide Babskenky & Company with a user submission, you grant to Babskenky & Company and its affiliates and their successors and assigns, a non-exclusive, fully-paid, royalty-free, transferable, irrevocable, perpetual, worldwide license, with the right to grant sublicenses through multiple tiers of sublicensees, to display, publicly perform, distribute (including, without limitation, through third-party websites), store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works and otherwise use and reuse your User Content (or any portions or derivative works thereof) in any manner, in any medium now known or hereinafter created, for any purpose.

Unless otherwise provided in any applicable Additional Terms, you acknowledge and agree that you have no expectation of compensation of any nature with respect to any User Content and that you shall not receive any compensation for any User Content.

You acknowledge and agree that you have no expectation of confidentiality of any nature with respect to any User Content. You should not post or share any content to the Babskenky & Company Service that you do not want to be viewed by others. Babskenky & Company reserves the right to display advertisements in connection with, and/or based upon, your User Content and otherwise in connection with the Babskenky & Company Service.

You represent and warrant that: (a) you own all rights in your User Content; and (b) your User Content does not infringe the copyright, trademark, patent or other intellectual property rights, privacy rights, publicity rights or any other legal or moral rights of any third party.

You acknowledge that Babskenky & Company does not necessarily pre-screen any User Content uploaded by you or other users of the Babskenky & Company Service, but that Babskenky & Company may pre-screen, or review after initial posting, Your User Content for a variety of reasons, including, without limitation, for compliance with these Terms and any Additional Terms. Babskenky & Company reserves its right at its discretion to remove any User Content or block your access to Babskenky & Company Services in case your User Content violates these Terms, any Additional Terms, or any applicable laws or regulations.

Babskenky & Company disclaims any and all liability in connection with any and all User Content, and you agree to waive any legal or equitable rights or remedies you may have against Babskenky & Company with respect to such User Content.

Third-Party Projects. Third-Party Content.

Babskenky & Company Service may enable third party companies doing business in the industry to provide you with real world projects related to the field of your training (the “Third-Party Projects”). Such third-party companies may provide you with the materials, data, or software to facilitate your project (the “Third-Party Content”).

Third-Party Content may include all data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages, and any other like materials, in any format, which are obtained or derived from third party company other than Babskenky & Company and made available to you through, within, or in conjunction with the Third-Party Projects.

Babskenky & Company does not pre-screen Third-Party Projects or Third-Party Content.

You should independently and voluntarily decide whether you wish to perform any Third-Party Projects or obtain any Third-Party Content. Further, you have sole discretion and control to determine whether you wish to contract with any third-party company regarding the Third-Party Projects or Third-Party Content. Babskenky & Company has no right to determine your agreements or interactions with any third-party company regarding the Third-Party Projects or Third-Party Content, but Babskenky & Company retains the right to control the overall objectives of your training.

You acknowledge and agree that Babskenky & Company does not represent you or any third-party companies in relation to the Third-Party Projects or Third-Party Content, and these Terms of Use do not govern any rights, duties, or terms related to the Third-Party Projects or Third-Party Content. Babskenky & Company is not a party to your agreement with the third-party companies regarding the Third-Party Projects or Third-Party Content, if any. Nothing in these Terms of Use or other contracts shall be construed to establish partnership, joint venture, or agency relationship between Babskenky & Company and third-party companies in relation to the Third-Party Projects or Third-Party Content.

Babskenky & Company disclaims any liability in connection with any Third-Party Content or Third-Party Projects, and you agree to waive any legal or equitable rights or remedies you may have against Babskenky & Company with respect to such Third-Party Content or Third-Party Projects.

Feedback

You agree that Babskenky & Company and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback (collectively, “Feedback”) that you may voice about the Service including Feedback that you send to Babskenky & Company or its affiliates.
You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Babskenky & Company has no duties to you (including any duty to compensate you for your Feedback), with respect to such Feedback.

Infringement Notice Procedures: Copyrights and Trademarks

Copyright Infringement Notification. Babskenky & Company respects the intellectual property rights of others. Upon proper notice, Babskenky & Company will remove or disable content on the Service that violates copyright law and may suspend access to the Babskenky & Company Service of any user who uses the Babskenky & Company Service in violation of copyright law and may terminate the accounts of repeat infringers.

Babskenky & Company has implemented procedures for receiving written notification of claimed copyright infringement (each, a “Notification”) and for processing such claims in accordance with law.

If you are the owner of any exclusive right under copyright laws, or are authorized to act on behalf of such an owner, and you believe your work has been copied in a way that constitutes copyright infringement, please send Babskenky & Company copyright agent a Notification of claimed infringement with all of the following information:

1. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single Notification, a representative list of such works;
2. identification of the claimed infringing material and information reasonably sufficient to permit Babskenky & Company to locate the material on the Babskenky & Company Service;
3. information reasonably sufficient to permit Babskenky & Company to contact you, such as an address, telephone number, and, if available, an e-mail address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
5. a statement by you, made under penalty of perjury, that the above information in your Notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
6. your physical or electronic signature. Please provide us with a Notification that includes all the above enumerated information and e-mail or mail it to the following Babskenky & Company copyright agent:

Modifications to Babskenky & Company Service

Babskenky & Company reserves the right to modify or discontinue the Babskenky & Company Service with or without notice to you, including the right to cancel, interrupt, or reschedule any Program or to modify any course content or requirements. Babskenky & Company shall not be liable to you should Babskenky & Company exercise its right to modify or discontinue the Babskenky & Company Service.

Links

The Babskenky & Company Service may contain links to third-party websites and other Internet resources that are not owned or controlled by Babskenky & Company (“Third-Party Materials”). Babskenky & Company's provision of a link to any Third-Party Materials is for your convenience only and does not signify Babskenky & Company's endorsement of such other website or resource or its contents.
BABSKENKY & COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD-PARTY ACCESSED THROUGH THE BABSKENKY & COMPANY SERVICE OR ANY LINKED WEBSITE.

Disclaimer of Warranties

YOU USE THE BABSKENKY & COMPANY SERVICE AT YOUR SOLE RISK. THE BABSKENKY & COMPANY SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BABSKENKY & COMPANY AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE BABSKENKY & COMPANY SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).

Without limiting: the generality of the foregoing, you acknowledge and agree that our services shall not be tailored to your level of education or professional needs and shall be provided without any guarantees, conditions, warranties, or representations as to the services or their result. To the extent permitted by law, Babskenky & Company and any third parties connected to Babskenky & Company hereby expressly exclude all guarantees, conditions, warranties, representations, and other terms which might otherwise be implied by statute, common law, or the law of equity. Babskenky & Company and its affiliates make no warranties or representations about the accuracy or completeness of Content available on or through the Babskenky & Company Service or the content of any websites linked to the Babskenky & Company Service and assume no liability or responsibility for any:

1. Errors, mistakes or inaccuracies of content or confidentiality;
2. Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Babskenky & Company Service;
3. Any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein (including any and all User Content);
4. Any interruption or cessation of transmission to or from the Babskenky & Company Service;
5. Any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Babskenky & Company Service by any third party;
6. For any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on or through the Babskenky & Company Service; and/or
7. if the services and Content do not meet Your educational needs. You are solely responsible for ensuring that the services comply with your professional goals and objectives and suit your current level of education and background.

The provisions of this Section shall be applicable to all components of the Babskenky & Company Service and the Content. SPECIFICALLY, Babskenky & Company PROVIDES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD-PARTY COMPONENTS OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THIRD-PARTY PROJECTS OR THIRD-PARTY CONTENT, AND WILL NOT BE LIABLE FOR ANY FAILURE OF ANY THIRD-PARTY COMPONENT TO FUNCTION AS EXPECTED OR INTENDED. Babskenky & Company is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of any data over communications networks and facilities, including the Internet, and you acknowledge that the Babskenky & Company Service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL Babskenky & Company OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE BABSKENKY & COMPANY SERVICE.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BABSKENKY & COMAPNY'S LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO BABSKENKY & COMPANY FOR THE SERVICE.

Exclusions and Limitations

You acknowledge and agree that Babskenky & Company has based its pricing for the Babskenky & Company Service in reliance upon the limitations of liability and disclaimers of warranties and damages in the Sections 11 and 12 above, and that such terms form an essential basis of the bargain between the parties.

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 and disclaimers may not apply to you. To the extent Babskenky & Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Babskenky & Company's liability shall be the minimum permitted under such applicable law.

Indemnification

You agree to indemnify, defend and hold harmless Babskenky & Company, its subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorney's fees and costs) that they may incur as a result of or arising from:

1. any information (including, without limitation, your User Content, Feedback or any other content) you submit, post or transmit on or through the Babskenky & Company Service or otherwise provide to us;
2. our violation of these Terms or any Additional Terms established by us; or
3. your violation of law or any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Babskenky & Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Babskenky & Company in asserting any available defenses.

Minors, Ability to Accept Terms of Service

The Babskenky & Company Service is not intended for children under 18 years of age. If you are under 18 years of age you may not use the Babskenky & Company Service.

You affirm that you are the applicable age of majority in your jurisdiction of residence or older, or that you have obtained the consent of your parent or legal guardian to use the Babskenky & Company Service, or that you are an emancipated minor.
Pursuant to 47 U.S.C. Section 230(d), Babskenky & Company hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information regarding providers of such protections may be found on the Internet by searching “parental control protection” or similar terms.

Sanctions Compliance

You represent, warrant, and undertake that with respect to this Agreement:

1. You shall comply with all applicable trade, economic, and financial laws, and regulations, including those administered and enforced by Switzerland, United States, European Union and relevant Member States, the United Nations Security Council, or any other government bodies with jurisdictions relevant to this Agreement (collectively, “Sanctions”)
2. Neither you nor your agents, representatives, employees, or other affiliates are in, or a resident or national of, any country that is subject to an export embargo, nor identified on any Sanctions lists, nor is owned or, where relevant under Sanctions, controlled by the same.
3. You will not, directly or indirectly, engage in any unauthorized business or dealings with any persons under Sanctions or otherwise engage in any activities prohibited by Sanctions.
4. You should promptly notify Babskenky & Company of the occurrence of any fact or event that would render any representation or warranty in this Section incorrect or misleading.

You acknowledge and agree that Babskenky & Company is entitled from time to time to request you to provide documents and information verifying that you are in compliance with the representations and warranties above, and/or that the transaction contemplated by this Agreement is permitted by domestic and foreign law, including Sanctions and embargoes law.

Babskenky & Company may immediately suspend or terminate this Agreement in case of any breach by you of any representation or warranty in this Section, or if Babskenky & Company reasonably determines that it cannot perform its obligations under this Agreement due to Sanctions-related prohibitions, or if you refuse to provide documents and/or information at Babskenky & Company's request, or if Babskenky & Company reasonably determines that such provided documents and/or information are insufficient.

Without limiting the generality of the foregoing, under no circumstances is the use of the Babskenky & Company Service allowed by entities or individuals located, organized or residing in a country or territory of Cuba, Iran, North Korea, Crimea, and Syria.

Choice of Law, Arbitration. Waiver of Class Action.

1. These Terms of Use and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Delaware, exclusive of conflict or choice of law rules. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and pursuant to its Mass Arbitration Procedures and Guidelines (provided that, with respect to the definition of “Mass Arbitration” as set forth in Procedure 1(c) thereof, the number of claimants shall be 50 or more) and in accordance with the Expedited Procedures in those Rules and any hearing shall be administered online by video conference. Judgment on the award may be entered in any court having jurisdiction. The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision. In any arbitration arising out of or related to these Terms of Use, the arbitrator(s) shall award to the prevailing party, if any, the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator(s) determine a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys' fees reasonably incurred by the prevailing party in connection with the arbitration. The arbitrator shall not have the power to award punitive damages against any party.
2. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
3. Batching. To increase the efficiency of administration and resolution of arbitrations, in the event 50 or more similar arbitration demands presented by or with the assistance or coordination of the same law firm or organization are submitted to JAMS or another arbitration provider (if JAMS is unavailable) against Babskenky & Company within any 180 day period, the arbitration provider shall (i) administer the arbitration demands in batches of 50 demands per batch (to the extent there are fewer than 50 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate a single, different arbitrator for each batch (unless the parties agree otherwise); and (iii) provide for a single filing set of fees (for example, if JAMS is the arbitration provider, one filing fee, case management fee, and arbitrator compensation fee) due per side per batch. You agree to cooperate in good faith with Babskenky & Company and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitrations” provision shall in no way be interpreted as authorizing class arbitration of any kind. Babskenky & Company expressly reserves its right to raise unique defenses as to each claimant in connection with this process.
4. Fees. Your responsibility to pay any JAMS filing, administrative, and/or arbitrator fees will be solely as set forth in the applicable JAMS Rules (as modified by Section 17(c) above). If, however, you are able to demonstrate that the costs of arbitration will be prohibitive for you as compared to the costs of litigation, Babskenky & Company will reimburse as much of the filing, administration, and/or arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you.

Miscellaneous

These Terms and any Additional Terms, together with your Enrollment Agreement, constitute the entire and exclusive and final statement of the agreement between you and Babskenky & Company and govern your use of the Babskenky & Company & Company Service. The failure of Babskenky & Company to exercise or enforce any right or provision of these Terms or any Additional Terms shall not constitute a waiver of such right or provision. If for any reason any provision of these Terms or any Additional Terms is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the original intent of that provision, and the remainder of these Terms and any Additional Terms shall continue in full force and effect. The section titles in these Terms and any Additional Terms are for convenience only and have no legal or contractual effect

Modifications to Terms

Babskenky & Company may, in its sole and absolute discretion, change these Terms from time to time. All changes to the Terms or the Privacy Policy will be effective when posted, and we will provide notification of such changes to you via the Service or contact information you may have provided to Babskenky & Company upon registration. Your continued use of the Service following any changes to the Terms or the Privacy Policy will constitute your agreement to be bound by such changes. If you object to any such changes, your sole recourse shall be to stop using the Babskenky & Company Service.

Assignment

Babskenky & Company may, in its sole and absolute discretion, assign, transfer, charge, subcontract, or deal in any other manner with all or any of its rights or liabilities under these Terms without your consent. Babskenky & Company is entitled to assign the rights to claim for your liabilities to third parties and submit necessary information about your outstanding liabilities.

Complaint procedure

To initiate a complaint, please follow these steps:

• Compose a written complaint outlining the specific nature of the issue you encountered.
• Provide a detailed description of the problem, including any relevant circumstances.
• If applicable, attach any supporting documentation that may assist in our investigation. Please forward your complaint to the following address:

Contact Information

You may contact us at:

Babskenky & Company Inc.,

27222 Fulshear Bend Drive, #4326,

Fulshear TX 77441

United States

Email: [email protected]