Additional funds may be added for any goods or services at any time without previous notification

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Your Use of Good of our goods and services. Use of funds in deposited into our account can only be made through the IGA Empowerment Academy purchase process at IGA Empowerment Academy’s website or bank transferred bank details. Purchases may not be made unless there are sufficient, available funds for goods and services at the time of purchase to cover the entire purchase amount, including any related fees as set forth herein or in other relevant agreements (unless otherwise required, discussed or authorised).

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(D) PAY BY CHECK (ELECTRONIC PAYMENT)

By using IGA Empowerment Academy’s pay by check option (“Pay By Check”), you can purchase IGA Empowerment Academy Services using an electronic payment (from your personal or business checking account (“Checking Account”), as appropriate). In connection, you agree to allow a third-party check services provider, (“Check Services Provider”) to debit the full amount of your purchase from your Checking Account, which is non-refundable. Check Services Provider will create an electronic funds transfer (“EFT”) or bank draft, which will be presented to your bank or financial institution for payment from your Checking Account. The Checking Account must be at a financial institution in the United Kingdom and payment must be in Great British Pounds Sterling.

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It is your responsibility to keep your Checking Account current and funded. You agree that (i) Check Services Provider or IGA Empowerment Academy reserve the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Checking Account no longer existing or not holding available/sufficient funds) and (ii) in such event, neither Check Services Provider nor IGA Empowerment Academy shall be liable to you or any third party regarding the same. If for any reason Check Services Provider is unable to withdraw the full amount owed for the Services provided, you agree that Check Services Provider and IGA Empowerment Academy may pursue all available lawful remedies in order to obtain payment (plus any applicable fees). IGA Empowerment Academy is not responsible for the actions of the Check Services Provider. You agree that if the EFT or bank draft is returned unpaid, you will pay a service charge in accordance with the fees permitted by law for the United Kingdom. A helpful article describing the Check Services Provider and outlining the service charges referenced above can be found. These fees may be debited from your Checking Account using an EFT or bank draft. All fees are in Great British Pounds Sterling.

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IGA Empowerment Academy and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., may provide you with notices, including by email, regular mail, SMS, MMS, text message, postings on the services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these terms of service by accessing the services in an unauthorized manner. Your agreement to these terms of service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the services in an authorized manner. Failure to receive such notices for any reason shall not excuse any payment or other obligation to IGA Empowerment Academy and Check Services Provider. You further expressly authorize IGA Empowerment Academy and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., and their affiliates to contact you, via auto-dialer, pre-recorded messages, or any other method, on any of your mobile phone numbers or emails. You further acknowledge that email addresses you provide are not shared, accessed by others and are not employer-related email addresses.

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(E) INTERNATIONAL PAYMENT OPTIONS

IGA Empowerment Academy offers a variety of alternative international payment options through a variety of International Payment Providers (“IPP”). In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at IGA Empowerment Academy. You also agree to allow the IPP to debit the full amount of your purchase from the selected account or payment method, collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by IGA Empowerment Academy.

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It is your responsibility to keep your Funding Sources current and funded. You agree that (i) the IPP or IGA Empowerment Academy reserves the right to decline a transaction for any reason and (ii) neither the IPP nor IGA Empowerment Academy shall be liable to you or any third party regarding the same. You acknowledge that IGA Empowerment Academy will not attempt to fulfil the Services purchased by you until IGA Empowerment Academy receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If IGA Empowerment Academy does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your IGA Empowerment Academy account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible.

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If at the time IGA Empowerment Academy receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result, your purchase is either over-funded or under-funded, IGA Empowerment Academy may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, IGA Empowerment Academy reserves the right to issue refunds to an in-store credit balance or as a bank transfer, when the payment processor cannot refund back to the Payment Method. If you receive a full refund, you will need to begin the purchase process again. You agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by IGA Empowerment Academy will be net of the IPP Fees unless otherwise specified.

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(F) IN-STORE CREDIT BALANCES

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In the event that your Account contains an in-store credit balance: (1) you may apply any available credit balance to any future purchase in your Account; and (2) you authorize IGA Empowerment Academy to apply any available credit balance to any outstanding administrative fees, chargebacks, or other fees related to your Account. In the event that IGA Empowerment Academy is unable to successfully charge either the Payment Method associated with a specific Service in your account or your backup Payment Methods when processing Service renewals, IGA Empowerment Academy may use any available in-store credit balance if there are enough funds to cover the entire transaction. Regardless of the amount of in-store credit available in your account, IGA Empowerment Academy is not responsible for the loss of products resulting from an inability to collect funds from your Payment Methods or the in-store credit. In-store credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one in-store credit, then the credits will be processed according to the age of the credit, with the oldest in-store credit being applied first. If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using IGA Empowerment Academy’s daily exchange rate based on the age of the credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your account. You understand and agree that at the time of conversion, IGA Empowerment Academy may also impose an additional administrative fee.

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You can verify your available in-store credit balance at any time through your Account on the IGA Empowerment Academy website. You acknowledge that in-store credit balances are non-transferable, may only be used in the Account in which they were acquired and may expire. Complimentary in-store credits will expire two years after issuance or within any other time period, IGA Empowerment Academy may specify in your Account. In the event that IGA Empowerment Academy terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited.

You also acknowledge that funds available in your in-store credit balance will be held by IGA Empowerment Academy and will not accrue or pay interest on your behalf. To the extent any interest may accrue, you agree that IGA Empowerment Academy is entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.

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(G) EXPIRED DOMAIN NAME PURCHASES

For expired domain names purchased through your account, you agree that you are responsible for payment within forty-eight (48) hours of auction close for the successful bid amount plus the one (1) year renewal or transfer fee (from the end of the domain name’s previous registration period), plus ICANN fee, if applicable, or any valid payment method associated with the account, will be charged on the third day following the auction close. If we are unable to collect a payment, you may lose the right to purchase the domain name.

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(H) PARTICIPATING CHARITIES

If you participate our various Charities, you hereby authorize IGA Empowerment Academy to either 1) donate an amount selected by you, or 2) round up your transaction to the nearest dollar and donate 100% of the difference, to a small business relief fund (“Donation”). IGA Empowerment Academy will take reasonable steps to ensure your Donation is properly disbursed, at our sole discretion, to qualifying small businesses negatively impacted by the COVID-19 pandemic and will not withhold any Donation made by you to our participating charities. You understand your Donation is not eligible for a refund.

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(I) BUY NOW PAY LATER OPTIONS

Use of a “buy now pay later” option such as an instalment payment or financing is subject to the following terms and conditions. You acknowledge and agree that IGA Empowerment Academy shall not be liable to you or any third party regarding any interest, late fee, other amounts, collection effort, or change in credit score that arises out of or relates to the buy now pay later option. You further agree that repayment of a buy now pay later option may be governed by your agreement with a third party. Any representation that IGA Empowerment Academy makes regarding a repayment term related to a buy now pay later option is for convenience only. A repayment term such as a required down payment, late fee, or interest might vary or be subject to change and is in the control of a third party. Notwithstanding the foregoing, IGA Empowerment Academy shall not be responsible or otherwise liable to you or any third party for disclosing or failing to disclose any repayment term, which you are responsible for determining.

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Certain instalment payment options will only apply to a selected Service term, which may auto-renew for the full amount unless you manually renew the Service term with subsequent instalment payment.

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(J) GENERAL TERMS REGARDING PAYOUTS FROM IGA EMPOWERMENT ACADEMY

IGA Empowerment Academy will make any payment(s) owed to you to the payment method of your choice, subject to the terms below (“pay-out(s)”). In order to receive a pay-out from IGA Empowerment Academy, you will need to set up a payee and assign it to your account.

Set up a Payee Account

Fees. A list of supported payment methods, applicable fees, and minimum payment thresholds are published here:

Payee Account Information

If for any reason IGA Empowerment Academy is unable to process your pay-out for the full amount owed (less any administration charges), or if IGA Empowerment Academy receives the notification of a reversal or payment dispute, or is charged a penalty for any pay-out, you agree that IGA Empowerment Academy may pursue all available lawful remedies regarding such fees. Typical administrative or processing fee scenarios include, but are not limited to recouping any and all costs and fees, including the cost of Services, incurred by IGA Empowerment Academy as the result of failed pay-outs or other payment disputes brought by you, your bank or pay-out processor. These administrative fees or processing fees will be deducted from any amounts due or directly debited from your pay-out Account.

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Fee Changes. IGA Empowerment Academy reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you.

14. ADDITIONAL RESERVATION OF RIGHTS

IGA Empowerment Academy expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by IGA Empowerment Academy in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by IGA Empowerment Academy in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of IGA Empowerment Academy, its officers, directors, employees and agents, as well as IGA Empowerment Academy's affiliates, including, but not limited to, instances where you have sued or threatened to sue IGA Empowerment Academy, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to IGA Empowerment Academy’s business, operations, reputation or shareholders.

IGA Empowerment Academy expressly reserves the right to review every Account for excessive space and bandwidth utilisation and to terminate or apply additional fees to those Accounts that exceed allowed levels.

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IGA Empowerment Academy expressly reserves the right to terminate, without notice to you, any and all Services where, in IGA Empowerment Academy's sole discretion, you are harassing or threatening IGA Empowerment Academy and/or any of IGA Empowerment Academy's employees.

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IGA Empowerment Academy Content. Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“IGA Empowerment Academy Content”), are owned by or licensed to IGA Empowerment Academy in perpetuity, and are subject to copyright, trademark, and/or patent protection in the the United Kingdom and foreign countries, and other intellectual property rights under the United Kingdom and foreign laws. IGA Empowerment Academy Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of IGA Empowerment Academy. No right or license under any copyright, trademark, patent or other proprietary right or license is granted by this Agreement. IGA Empowerment Academy reserves all rights not expressly granted in and to the IGA Empowerment Academy Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.

15. NO SPAM; LIQUIDATED DAMAGES

No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint centre to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

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1. Email Messages

2. Newsgroup postings

3. Windows system messages

4. Pop-up messages (aka "adware" or "spyware" messages)

5. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)

6. Online chat room advertisements

7. Guestbook or Website Forum postings

8. Facsimile Solicitations

9. Text/SMS Messages

10. All social media channels or services

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If we determine the account, products, or services in question are being used in association with spam, we may re-direct, suspend, or cancel any account, website hosting, domain registration, email boxes, or other applicable products or services. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated.

We encourage all customers and recipients of emails generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Complaint Center on the Web. Web: report abuse.

Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

16. TRADEMARK AND/OR COPYRIGHT CLAIMS

IGA Empowerment Academy supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to IGA Empowerment Academy’s Trademark and/or Copyright Infringement Policy referenced above and available.

17. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by IGA Empowerment Academy. IGA Empowerment Academy assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, IGA Empowerment Academy does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release IGA Empowerment Academy from any and all liability arising from your use of any third-party website. Accordingly, IGA Empowerment Academy encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

18. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

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YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. IGA EMPOWERMENT ACADEMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IGA EMPOWERMENT ACADEMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND IGA EMPOWERMENT ACADEMY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

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IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY IGA EMPOWERMENT ACADEMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

19. LIMITATION OF LIABILITY

IN NO EVENT SHALL IGA EMPOWERMENT ACADEMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT IGA EMPOWERMENT ACADEMY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL IGA EMPOWERMENT ACADEMY’S TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 U.S. DOLLARS.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

20. INDEMNITY

You agree to protect, defend, indemnify and hold harmless IGA Empowerment Academy and its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by IGA Empowerment Academy directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary rights. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

21. COMPLIANCE WITH LOCAL LAWS

IGA Empowerment Academy makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

22. DISPUTES, BINDING INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT-OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.

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(A) Disputes. The terms of this Section shall apply to all Disputes between you and IGA Empowerment Academy, except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and IGA Empowerment Academy arising under or relating to any IGA Empowerment Academy Services or Products, IGA Empowerment Academy’s websites, these Terms, or any other transaction involving you and IGA Empowerment Academy, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND IGA EMPOWERMENT ACADEMY AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR IGA EMPOWERMENT ACADEMY FOR (I) TRADE SECRET MISAPPROPRIATION, (II) PATENT INFRINGEMENT, (III) COPYRIGHT INFRINGEMENT OR MISUSE, AND (IV) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.

(B) Binding Arbitration. You and IGA Empowerment Academy further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in the proper jurisdiction, as limited by the Limitation of Liability set forth in Section 19 of this Agreement and may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.

(C) Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.

(D) Dispute Notice. In the event of a Dispute, you or IGA Empowerment Academy must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to IGA Empowerment Academy must be addressed to: IGA Empowerment Academy. IGA Empowerment Academy Way, Tempe, AZ 85284, Attn.: Legal Department (the “IGA Empowerment Academy Notice Address”). The Dispute Notice to you will be sent by certified mail to the most recent address we have on file or otherwise in our records for you. If IGA Empowerment Academy and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or IGA Empowerment Academy may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.

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(E) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND IGA EMPOWERMENT ACADEMY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR IGA EMPOWERMENT ACADEMY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

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(F) Arbitration Procedure. If a party elects to commence an arbitration, the arbitration will be administered by the Advisory, Conciliation and Arbitration Service (“ACAS”) and governed by the Advisory, Conciliation and Arbitration Service (“ACAS”) in conjunction with the rules set forth in these Terms, except that ACAS may not administer any multiple claimants or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. The ACAS Rules are at www.acas.org.uk. If there is a conflict between the ACAS Rules and the rules set forth in these Terms, the rules set forth in these Terms shall govern. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to federal, state, or local laws, as limited by the Limitation of Liability of this Agreement. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall also have exclusive authority to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in a location reasonably accessible from your primary residence (or principal place of business if you are a small business).

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(G) Initiation of Arbitration Proceeding. If either you or IGA Empowerment Academy decide to arbitrate a Dispute, we agree to the following procedure:

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i. Write a Demand for Arbitration. The demand must include a description of the Dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.acas.org.uk 

ii. Send one copy of the Demand for Arbitration to ACAS by mail at https://www.acas.org.uk/contact

iii. Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties.

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(H) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by IGA Empowerment Academy or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or IGA Empowerment Academy is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.

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(I) Arbitration Fees and Payments.

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i. Disputes involving £75,000.00 or less. IGA Empowerment Academy will promptly reimburse your filing fees and pay the ACAS's and arbitrator’s fees and expenses. If you reject IGA Empowerment Academy’s last written settlement offer made before the arbitrator was appointed (“IGA Empowerment Academy’s last written offer”), your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than IGA Empowerment Academy’s last written offer, IGA Empowerment Academy will: (i) pay the greater of the award or £1,000.00; (ii) pay twice your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration. The arbitrator will determine the amount of fees, costs, and expenses unless you and IGA Empowerment Academy agree on them.

ii. Disputes involving more than £75,000.00. The ACAS rules will govern the payment of filing fees and the ACAS’s and arbitrator’s fees and expenses.

iii. Disputes involving any amount. In any arbitration you commence, IGA Empowerment Academy will seek its ACAS or arbitrator’s fees and expenses, or your filing fees it reimbursed, only if the arbitrator finds the arbitration frivolous or brought for an improper purpose. In any arbitration, IGA Empowerment Academy commences, IGA Empowerment Academy will pay all filing, ACAS, and arbitrator’s fees and expenses. IGA Empowerment Academy will not seek its attorney’s fees or expenses from you in any arbitration. Fees and expenses are not included in determining the amount in dispute.

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(J) Claims or Disputes Must Be Filed Within One Year. To the extent permitted by law, any claim or dispute to which this Section applies must be filed within one year in small claims or in arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If not filed within one year, the claim or dispute will be permanently barred.

(K) 30-Day Opt-out Period. IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION IN THIS DISPUTES SECTION, YOU MUST NOTIFY IGA EMPOWERMENT ACADEMY BY E-MAILING ADMIN@IGAEMPOWERMENTACADEMY.COM WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW). In the e-mail, you must provide your (a) first name, (b) last name, (c) address, (d) phone number, and (e) account number(s) and state the following: “I wish to opt-out of the arbitration provision contained in IGA Empowerment Academy’s Universal Terms of Service Agreement.” By providing your information in the method above, you are opting out of the agreement to arbitrate contained in IGA Empowerment Academy's Universal Terms of Service. Your opt-out request will only be valid if made within thirty (30) days of first accepting the Universal Terms of Service. In the event that you opt-out consistent with the procedure set forth above, all other terms contained herein shall continue to apply, including those related to the applicable governing law and the court(s) in which legal disputes may be brought.

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(L) Amendments to this Section. Notwithstanding any provision in these Terms to the contrary, you and IGA Empowerment Academy agree that if IGA Empowerment Academy makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to IGA Empowerment Academy’s address) in these Terms, IGA Empowerment Academy will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in these current Terms, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.

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(M) Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of these Terms.

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(N) Exclusive Venue for Other Controversies. IGA Empowerment Academy and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the Superior Court of British Courts and hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You also agree to waive the right to trial by jury in any such action or proceeding.

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23. UNCLAIMED PROPERTY; DORMANCY CHARGES

Please be advised that if a customer has an outstanding account balance (a credit positive balance) for three (3) years or more for any reason, and (i) IGA Empowerment Academy is unable to issue payment to such customer or (ii) IGA Empowerment Academy issued payment to such customer in the form of a paper check, but the check was never cashed, then IGA Empowerment Academy shall turn over such account balance to the State of Arizona in accordance with state law. You acknowledge and agree that in either case (i) or (ii) above, IGA Empowerment Academy may withhold a dormancy charge in an amount equal to the lesser of £25.00 or the total outstanding account balance associated with such customer.

24. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

25. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

26. UK LAWS

This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United Kingdom Users shall not use the Services found at this Site to collect, store or transmit any technical information or data that is controlled under UK Laws. Users shall not export or re-export or allow the export or re-export of, the Services found at this Site in violation of any UK Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United Kingdom has embargoed trade; or (ii) to anyone on the UK Treasury Department's list of Specially Designated Nationals or the UK. Commerce Department's Denied Persons List, or any other denied parties lists under UK Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all UK Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with UK Laws. If such laws conflict with UK Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

27. ENGLISH LANGUAGE CONTROLS

This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.

28. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

E: igaemmpowermentacademy.com

W: www.igaempowermentacademy.com

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