Terms & Conditions
Agreement between user and Firefly Institute
Welcome to FireflyInstitute.com. The FireflyInstitute.com website (the "Site") is comprised of various web pages operated by Firefly Institute LLC ("Firefly Institute"). FireflyInstitute.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). These Terms apply to both use of the Site and registration in the Workshop (defined below). Your use of FireflyInstitute.com constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.
Firefly Institute operates the Site to provide online access to information about the workshops and the products, services, and opportunities we provide. Firefly Institute offers all-inclusive photography workshops ("Workshops"). Workshops include classes, activities, food and lodging for the period offered.
Visiting FireflyInstitute.com or sending emails to Firefly Institute constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Firefly Institute does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use FireflyInstitute.com only with permission of a parent or guardian.
You may cancel your registration until 90 days before the commencement date of Workshop. All cancellations must be received in writing. A $500 processing fee is non-refundable. Cancelling after 89 days before commencement of Workshop, all payments become final and non-refundable. If for any reason Firefly Institute is forced to cancel the Workshop, all payments will be refunded in full.
If registrant makes special arrangements for installment payments and fails to make the second payment when due, registrant forfeits enrollment in the Workshop and will be charged the $500 processing fee. The remaining funds paid will be returned.
Links to third party sites/Third party services
FireflyInstitute.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Firefly Institute and Firefly Institute is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Firefly Institute is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Firefly Institute of the site or any association with its operators.
Certain services made available via FireflyInstitute.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the FireflyInstitute.com domain, you hereby acknowledge and consent that Firefly Institute may share such information and data with any third party with whom Firefly Institute has a contractual relationship to provide the requested product, service or functionality on behalf of FireflyInstitute.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Firefly Institute or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Firefly Institute content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Firefly Institute and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Firefly Institute or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Firefly Institute from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Firefly Institute Content accessed through FireflyInstitute.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Firefly Institute, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Firefly Institute reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Firefly Institute in asserting any available defenses. Your use of any information or materials on the Site is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services, or information available through the Site meet your specific requirements. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable for any incidental, special or consequential damage of any kind that may result from the use of or inability to use the Site.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FIREFLY INSTITUTE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FIREFLY INSTITUTE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FIREFLY INSTITUTE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Firefly Institute reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Firefly Institute as a result of this agreement or use of the Site. Firefly Institute's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Firefly Institute's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Firefly Institute with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Firefly Institute with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Firefly Institute with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
The Firefly Institute Workshop schedule is subject to change and cancellations and/or new classes may be added. Firefly Institute reserves the right to cancel any class, limit class size, change class times or substitute instructors for those classes listed in the Workshop schedule. In the event a class is cancelled, students understand and acknowledge they will be offered alternate classes to select.
Firefly Institute reserves the right, in its sole discretion, to change the Terms under which FireflyInstitute.com is offered. The most current version of the Terms will supersede all previous versions. Firefly Institute encourages you to periodically review the Terms to stay informed of our updates.
I have read all the above policy information and I agree to assume all risk of personal harm or injury relating to or resulting from my participating in the Workshop and activities associated with Firefly Institute, and to hold Firefly Institute LLC, its Directors and teachers harmless as to liability for any such harm or injury.
Registrant acknowledges that registration and participation is voluntary, and that by registering for this Workshop that she/he is solely responsible for any loss, damage or injury, including death, that may be sustained on the premises or any location where any Workshop or class is being conducted.
Firefly Institute reserves the right to use of photographs and video taken of Workshop participants and their photographs and artwork. The photographs and video shall be used for the sole purpose of promotional materials for Firefly Institute, including social media and the Site.
Firefly Institute welcomes your questions or comments regarding the Terms:
Firefly Institute LLC
1962 Hoover Ave,
Oakland, CA 94602
Effective as of January 05, 2016