Online Courses Agreement
High Rock Experts, LLC, and Dr. Amy Fogleman (collectively, the “Company,” “High Rock”) offer access to various online courses, programs, and associated materials (collectively, the “Online Courses”) through the High Rock Academy found at https://highrockexperts.com/for-experts/high-rock-academy/. By submitting payment or participating in any of the Online Courses as a student (“you”), you voluntarily join the Online Courses and agree to these additional Terms and Conditions (“Online Courses Agreement”), which along with our Terms of Use https://highrockexperts.com/wp-content/uploads/2025/08/TOU-High-Rock-Final.pdf_(incorporated herein by reference), our Privacy Policy found at
https://highrockexperts.com/wp-content/uploads/2025/05/Privacy-for-High-Rock-final.pdf., and our Disclaimer https://academy.highrockexperts.com/template-disclaimer (collectively, “Our Legal Terms”) govern your participation in the Online Courses. In the event of a conflict between any of these policies and this Agreement, this Agreement shall govern. If you do not agree with these Terms and Conditions, do not submit payment or participate in the Online Courses.
Online Courses
Descriptions and costs of the Online Courses are provided on the Site at https://highrockexperts.com/for-experts/high-rock-academy/#courses.
We try to make the course descriptions as accurate as possible. However, we do not warrant the descriptions of the Online Courses are accurate, complete, reliable, current, or error-free. We reserve the right, but not the obligation, to correct any errors, inaccuracies, or omissions regarding pricing or course descriptions on the Site at any time and without prior notice including the right to cancel any purchases containing pricing errors after the receipt of course registration.
Bonus Offers. From time to time, High Rock may, at its sole discretion, offer bonus offers to individuals who sign up for the Online Courses. You shall be eligible to receive any applicable bonuses that are offered at the time of your paid registration. Such bonuses, if any, shall be listed in the course descriptions provided on the Site. We reserve the right to provide or withdraw bonus offers at any time without liability to you.
License
The Company is the owner, or authorized licensee, of all intellectual property and other rights in the Online Courses including associated materials and all components including any modifications thereto. Your payment for participation in these Online Courses grants you a limited, revocable, personal, non-exclusive, non-transferable license to use our Online Courses including associated materials for your own personal or internal business use. No right, title or interest shall pass to you to in the Online Courses. All rights not expressly granted in these terms or any express license are reserved by us. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Online Courses in any manner.
By accessing, purchasing, or participating in the Online Courses, you agree that the Online Courses you purchase, access, or participate in may only be used by you for your personal or internal business use and may not be sold or redistributed without our express written consent. You further agree that you shall not create any derivative works based upon the Online Courses and you shall not offer any competing products or services based upon the information contained in the Online Courses.
Access to the Online Courses
Your payment for enrollment in the Online Courses grants you full access to video instruction, course materials, and related information for one year (365 days) from the date of purchase. The specific details of what is included in your access can be found on the Site in the description of the Online Course you selected and purchased.
Video portions of the Online Courses may be live and pre-recorded. We reserve the right to restrict access to or modify the courses available as Online Courses at any time, including adding, replacing, or removing videos, modules and/or materials without liability to you.
Termination of Access
High Rock may, in its sole discretion, terminate or suspend your access to the Online Courses without prior notice or liability, for breaching any of these Terms and Conditions and/or Our Legal Terms or violating any of the rules of conduct detailed herein or on the Site, based on the seriousness or repeated nature of any violative, inappropriate or unacceptable Content, and for any reason whatsoever. You acknowledge and agree that termination, limitation of access and/or suspension will be made in our sole discretion and that we shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your account.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Cessation of Online Courses by High Rock
If High Rock chooses to discontinue access to its Online Courses by its own decision, not due to unforeseen circumstances, including but not limited to, force majeure, government regulations or operational disruptions, and you have complied with all our policies as outlined in our Terms and Conditions and Terms of Use and have not otherwise engaged in misconduct, High Rock will provide thirty (30) calendar days written notice of the upcoming termination to the email address you provided when registering. As stated in the Refund section of these Terms, you acknowledge and agree that you shall not be entitled to a refund. However, during the 30-day notice period, you may download selected materials, provided at High Rock’s sole discretion, for your own continued personal or internal business use after access to the Online Courses is terminated. You acknowledge and agree that High Rock will not be liable to you or any third party for termination of access to the Online Courses including without limitation whether you do not receive notice or do not download materials within the 30-day notice period as outlined by this section.
Confidentiality
You acknowledge and agree that the Online Courses and the content provided herein, including, but not limited to, associated materials, videos, documents, presentations, live sessions, strategies, concepts, instructions, and discussions, are confidential and intended solely for registered participants. You acknowledge and agree to use commercially reasonable measures to keep the information and content provided in the Online Courses confidential. Except as otherwise authorized by this agreement or as required by law, you shall not distribute, share, reproduce, or disclose any course content to third parties. Unauthorized sharing or reproduction of content provided in the Online Courses may result in legal action including injunctive relief initiated by High Rock or other third parties. You acknowledge and agree that breach of your duty of confidentiality under this agreement could result in significant loss, damages and harm to High Rock or third parties for which you shall fully indemnify and be liable to High Rock as outlined in the Indemnification Section below.
Kajabi.com is our Outside Service Provider for Online Courses
Kajabi LLC provides the technical means to make the course content available online to you. Kajabi LLC will be responsible for hosting a site where you can access the Online Courses and will process your payment for your purchase of the Online Courses. You can learn more about their online platform by visiting their site https://kajabi.com/ and their legal policies at https://legal.kajabi.com/ .
You will be required to register and set up an account with Kajabi.com to purchase and participate in the Online Courses. Any information you provide as part of these interactions such as your name, address, method of payment, credit card number, and billing information may be collected and retained by Kajabi LLC. Your registration and participation in the Online Courses subject you to their terms of use of as well as their Privacy Policy which can be found at this link https://legal.kajabi.com/policies/privacy. We are not responsible for the independent policies of Kajabi LLC, you assume full responsibility for your voluntary choice to access the Online Courses through their website and your disclosure of personal information to them.
Payment
Payment is due and payable when you register for the Online Courses. You may not access or participate in any Online Courses until full payment for the course selection you choose is processed. Payment is processed by Kajabi LLC and subject to their policies listed here: https://legal.kajabi.com/policies/kajabi-payments/
No Refunds
All purchases of Online Courses are final, and the Company does not offer any money-back guarantees. You acknowledge and agree that you shall not be entitled to a refund for any purchase under any circumstances.
Since we have a clear and explicit no refund policy which you are aware of and have agreed to prior to completing the purchase of the Online Courses, we do not tolerate or accept any chargeback threat or actual chargeback from your credit card company. In the event a chargeback is placed, or we receive a chargeback threat after the Online Courses purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address.
Downloadable Training Materials
Your paid participation in the Online Courses grants you a limited, revocable, personal, non-exclusive, non-transferable license to use our downloadable training resources including but not limited to templates provided for your own personal or internal business use. Your paid participation in the Online Courses allows you to download the training resources and templates on any single, stand-alone computer, print out multiple copies, and fill in information as requested by the forms for your informational, personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates or downloadable training materials. Where provided, you acknowledge and agree the copyright and trademark notices appearing on any templates and downloadable training materials shall not be altered or removed. All rights, title, and interest, including without limitation all intellectual property rights in the templates and downloadable training materials offered through the Online Courses remain the property of High Rock or its licensors.
By downloading the templates and downloadable training materials, you acknowledge and agree that the materials you download are subject to the Confidentiality Section of this agreement. You acknowledge and agree that the templates and downloadable training materials may only be used by you for your personal or internal business use and may not be sold or redistributed without the express written consent of High Rock. Your further acknowledge and agree that you shall not create any derivative work based upon the templates and downloadable materials or offer any competing products or services based upon any information contained in the Online Courses.
You acknowledge and agree that by downloading templates or other downloadable training materials, you will use them and all related documents or information furnished to or received by you through the Online Courses solely for the purpose set forth in the training materials. Neither High Rock nor Jane Freedman Law, LLC makes any representations or warranties about the accuracy, legal fitness, completeness or efficacy of the templates or other downloadable training materials. The templates and other downloadable training materials do not constitute legal or other advice, including, but not limited to business advice, and you should consult your own counsel for any legal advice or business advisors for any professional business advice regarding use of the templates or other downloadable materials. Neither High Rock nor Jane Freedman Law LLC assumes any responsibility for the accuracy and completeness of this template, and neither is under any duty to update the templates or other downloadable materials at any time. Unauthorized use or copying of this template is a violation of law and may give rise to damages and other legal action.
Live Sessions/Question and Answer Forums
Some Online Courses described on the Site may provide access to live question and answer sessions with paid registration. Your participation in live question and answer sessions is subject to the Confidentiality provisions of this agreement. High Rock will make all commercially reasonable efforts to provide the live sessions as outlined in the course description. However, as outlined in our Disclaimer, High Rock makes no warranties or guarantees the live sessions will always be accessible.
Consent to Recording. If you choose to access or participate in a live question and answer session, you acknowledge and agree that you are at least eighteen (18) years old and that you have the authority to give your consent under this section. You further consent to the live session being recorded for educational purposes or any legal use, including but not limited to publicity, copyright purposes, illustration, advertising, web content, review, distribution to enrolled participants, and future reference. If you choose to access or participate in a live question and answer session, you grant High Rock the irrevocable, non-exclusive, worldwide, unlimited right and license to use, record, store, and share your voice, your likeness, the content of the session, including without limitation any verbal contributions, presentations, or discussions in which you participate, for any purpose including promotional and commercial purposes, without compensation. You further acknowledge and agree that you waive the right to inspect or approve the finished recording.
By participating or accessing a live question and answer session, you hereby release, discharge, and agree to indemnify and hold harmless High Rock, and their agents from all claims, demands, and causes of action that you may have by reason of this authorization or use of my photographic portraits, pictures, digital images, likeness, audio or video recordings, including any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said images, or audio or video recordings, or in processing tending towards the completion of the finished product, including publication on the internet, in brochures, or any other advertisements or promotional materials.
If you do not agree to these terms and do not wish to be recorded, you may opt out by not participating in the live question and answer sessions.
If you are participating in the Basics for Becoming a Medical Expert Witness Course, referred to as BFB, or the Beyond Basics For Becoming a Medical Expert Witness Course, referred to as BFB 2.0, (collectively, the “BFB Programs”), the following terms and conditions also apply to you.
The High BFB Member Circle Forum
Your participation in the BFB Programs allows you access to the High BFB Member Circle online forum where you may connect with other BFB Programs’ participants to discuss medical expert witness related topics and seek guidance and support. Your access to the BFB Member Circle begins with your paid enrollment in the BFB Programs and continues for the duration of one year (365 days) from your paid enrollment date.
The High BFB Member Circle contains bulletin boards, chat areas, forums and other means of communication which you may participate in to communicate with others participating in the BFB Programs (“Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the content and subjects of the BFB Programs or medical expert witness consultation. You agree to respect and abide by any and all rules of the High BFB Member Circle listed on the Site including respect for the privacy and rights of other participants.
As one of our Services, your use of the Communication Services to post and send content (“Your Content”), is subject to the applicable provisions of our Legal Terms regarding Your Content and User Content. Please review the information provided in the Your Content and User Content sections of these Legal Terms which outlines your agreed to Terms.
If you participate in the Communication Services, you acknowledge and agree that all User Content, including those available via the Communication Services, is the sole responsibility of the party from whom such Content originated. This means, you and not us, are entirely responsible for the Content that you upload, post, e-mail, transmit, or otherwise make available through the Communication Services, including but not limited to descriptions, texts, information, data, comments, photos, videos, images, trademarks, logos, brands or other materials you upload or post through the Services.
We have no obligation to review or monitor User Content. We do not approve, endorse, or make any representations or warranties with respect to User Content. Your use of User Content is entirely at your own discretion and risk. However, we retain the right to disclose information about you to any third party who claims that material posted by you violates their rights, review, monitor, refuse, and remove any User Content which includes Your Content, at our sole discretion and without prior notice including whether the User Content violates these Terms or any applicable law.
Unless noted in our Privacy Policy, we have no responsibility or liability for the deletion or accuracy of any User Content, including Your Content; the failure to store, transmit, or receive transmission of User Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.
High Rock Expert Certification
Certification Requirements. You must complete one of the BFB courses in the BFB Programs. Completion of a course requires that all available video modules are viewed as well as all associated resources and homework have been completed. You must also score 100% on the Final Quiz to become a certified High Rock Expert.
Directory/Network Eligibility. Upon certification, you're eligible for a complimentary one-year (365 calendar days) listing in the High Rock Certified Expert Directory (public directory), where attorneys can contact you directly regarding expert witness consulting and our High Rock Experts Network (private referral network) where High Rock works to connect you with expert witness consultation requests.
You are also eligible for a referral to participate in the Total Trial Solutions network. Please note that the Total Trial Solutions network is an outside resource. Please refer to the External Websites and Links section of our Terms of Use and the No Endorsements/Affiliate Links sections below to understand our policies regarding your interactions with these outside resources.
Activating Your Directory/Network Listing. Information regarding opting into the benefit of participating in the respective directories/networks will automatically be provided within the BFB Programs. In order to opt in and be included in the directories/networks you must provide information as requested through the BFB 2.0 Wrap-Up & Bonus Access sign-up form (“Sign-Up form”). Additionally, for inclusion in the High Rock Certified Expert Directory (“Directory”) or the High Rock Experts Network (“Network”), you must sign and agree to the applicable contract denoting the terms and conditions for the directory/network you have chosen to participate in.
Timing of Your Directory Listing. You acknowledge and agree that inclusion in the Directory is subject to the BFB 2.0 Wrap-up & Bonus Access Sign-up form (“Sign-Up form”) and an executed Certified Expert Consultant Agreement being submitted in a timely manner to High Rock. The timely submission of the completed Sign-Up form containing your professional Information and the executed Certified Expert Consultant Agreement is expected on the day you complete your certification (“Certification Date”). If the executed Certified Expert Consultant Agreement and the Sign-Up form are both submitted on your Certification Date, your complimentary posting in the Directory will go live in seven (7) calendar days from your Certification Date to allow for internal processing and will remain publicly posted for 358 days before expiration.
High Rock may, at its sole discretion, publicly post your Directory listing earlier than the standard seven (7) calendar day processing period if internal processing is completed ahead of schedule resulting in bonus listing days. However, in no case, shall the total number of days your listing is publicly posted in the Directory exceed 365 days or the Initial Term of the Certified Expert Consultant Agreement. You acknowledge and agree that early posting/bonus days in the Directory shall be deemed discretionary and shall not be interpreted or relied upon as expected or guaranteed.
- b) You acknowledge and agree that the 358-day term for the complimentary public posting in the Directory begins exactly seven (7) calendar days after your Certification Date, not upon the date of submission of the Sign-Up form, your professional information or the Certified Expert Consultant Agreement to us. Therefore, your late submission of the required documents, which are still subject to the standard seven (7) calendar days internal processing period before posting, will reduce the number of days your listing is publicly posted in the Directory during the Initial Term of the Certified Expert Consultant Agreement as the 358-day term for the Directory listing has already begun counting down from the date of your certification.
Timing of Your Inclusion in the Network. You acknowledge and agree that inclusion in the Network is subject to the Sign-Up form and an executed Expert Witness Consultant Agreement being submitted to High Rock. The term of your inclusion in the Network commences upon the date we have received both the Sign-Up form and an executed Expert Witness Consultant Agreement from you.
Directory/Network Listing Renewals. The terms and conditions regarding renewals are outlined in the applicable contracts for each directory/network.
No Endorsements
The Online Courses may refer to educational resources that are not offered by us, including but not limited to directories, products, services, printed materials, educators, medical personnel, marketing professionals, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by these resources or parties is accurate or reliable. High Rock provides this information to you as a reference only. It is your responsibility to conduct your own investigation and make your own determination about any such directories, products, services, printed materials, educators, medical personnel, marketing professionals, and/or experts. You acknowledge and agree that we will not be held liable for any losses, damages, or claims arising from reference to outside educational resources in the Online Courses.
Affiliate Links
From time to time, High Rock may participate in affiliate marketing which means that we may earn a commission if/when you click on or make purchases via these affiliate links. High Rock will inform you when one of the links constitutes an affiliate link. As a policy, High Rock will only affiliate with products, services, professionals, consultants, and experts that we believe will provide value to you. However, we do not make any guarantees, representations, or warranties regarding the information, entities, advertisements, programs, goods, or services offered through these affiliate links. Your choice to participate in any of these affiliate offerings is entirely voluntary and at your own discretion and risk. You recognize that it remains your personal responsibility to investigate whether any affiliate offers will benefit you. You will not rely on any recommendation, reference, or information provided by us but will instead conduct your own due diligence and will rely upon your own investigation to decide whether to purchase the affiliate product or participate in the affiliate service. You acknowledge and agree that we will not be held liable for any losses, damages, or claims arising from your use of these affiliate links.
Testimonials
High Rock may provide testimonials from participants of the Online Courses regarding their experience with the Online Courses. The testimonials are actual statements made by participants of the Online Course and have been truthfully conveyed on the Site. Although these testimonials are truthful statements about the results or experiences of these participants, the results or experiences of these participants are not necessarily typical. Results will vary. You acknowledge and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by participating in the Online Courses.
Waiver and Release of Claims
In consideration of your participation in the Online Courses, you, for yourself, heirs and assigns hereby knowingly and voluntarily release, waive, and forever discharge High Rock, its subsidiaries, owners, officers, employees, staff, instructors, directors, principals, trainers, volunteers, and agents from any liability now or in the future, for any claims connected with, due to, or arising out of your participation in the Online Courses including to the fullest extent allowed by law, any such claims which allege negligent acts or omissions.
Disclaimers
For Informational and Educational Purposes Only. Any information provided in the Online Courses is for educational and informational purposes only. This information is not intended as, and shall not be understood as legal, financial, tax, medical, health, or any other professional advice. We are providing educational information for your reference, not personalized information. Regardless of anything to the contrary, information available through the Online Courses should not be understood as a recommendation that you should not consult with a professional to address your particular legal, financial, tax, medical, health or other situation. Any Information provided in the Online Courses shall not to be perceived or relied upon in any way as financial or legal advice and is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor.
No Legal Advice. Any information provided in the Online Courses, including but not limited to information contained in the downloadable materials and templates provided by High Rock as well as any information relating to contracts, negotiation or other types of legal matters is provided for general information and does not constitute legal advice. High Rock is not a law firm and is not providing legal advice. High Rock is not aware of your personal situation, and we do not apply the facts or the law to your situation. No information contained in the Online Courses or the downloadable materials including but not limited to contracts or templates is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction. Your interactions with High Rock do not create an attorney-client relationship. If you need legal advice for a specific problem, you should consult with a licensed attorney.
No Financial Advice. Any information provided in the Online Courses, including but not limited to information contained in the downloadable materials and templates provided by High Rock as well as any information relating to contracts, negotiation or other types of business strategy, marketing, or financial matters is provided for general information and does not constitute professional or financial advice. High Rock does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of participation in the Online Courses. High Rock is not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind as a result of information provided in the Online Courses. We specifically make no warranty or guarantee that you will experience commercial success as a medical expert or any outcome including satisfaction resulting from your participation in the Online Courses. Your individual results may vary due to your efforts, situation, or any number of other circumstances beyond the knowledge and control of the Company.
No Medical Advice. Any information provided in the Online Courses, including without limitation, real time video or email communications with medical consultants, is general information for educational purposes relating to medical expert witness consultation and training, it should not be construed as medical advice or an endorsement of any type of medical treatment. High Rock is not a medical provider or a provider of any type of health care services. Your interaction with any medical consultant through the Online Courses does not constitute a patient and medical provider relationship. If you need medical advice, you should contact a proper medical provider.
No Promise of Engagement as a Medical Expert. YOU UNDERSTAND THAT PARTICIPATION IN AND/OR SUCCESSFUL COMPLETION OF AN ONLINE COURSE, INCLUDING BUT NOT LIMITED TO CERTIFICATION THROUGH THE BFB PROGRAMS, DOES NOT GUARANTEE EMPLOYMENT OR ENGAGEMENT AS A MEDICAL EXPERT WITNESS. You hereby acknowledge that you have not been made any promises of future employment by High Rock or any agent, employee, or representative of High Rock and that you are undertaking the Online Courses solely for educational and professional development.
No Liability for Opinions Expressed in Submissions and Contributions. The views and opinions in any User Content or Testimonials are those of the individuals expressing such views and opinions, and do not reflect those of High Rock. We will not be responsible or liable to any third party for User Content or Testimonials.
No Warranties or Guarantees. We warrant that we will use commercially reasonable best efforts to provide the Online Courses in a timely and professional manner. TO THE FULLEST EXTENT ALLOWED BY LAW, HIGH ROCK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE ONLINE COURSES AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Without limiting the foregoing, we specifically make no warranty or guarantee that you will experience commercial success as a medical expert witness or any outcome including satisfaction resulting from your participation in the Online Courses. Your individual results may vary due to your efforts, situation, or any number of other circumstances beyond the knowledge and control of High Rock.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE ONLINE COURSES INCLUDING ASSOCIATED MATERIALS AND ALL COMPONENTS THEREOF IS SOLELY AT YOUR OWN DISCRETION AND RISK. YOU ACKNOWLEDGE AND AGREE TO NOT RELY ON INFORMATION PROVIDED BY HIGH ROCK BUT WILL CONDUCT YOUR OWN DUE DILIGENCE AND USE YOUR OWN BEST JUDGMENT BEFORE TAKING ANY ACTION OR INACTION BASED ON THE INFORMATION PROVIDED.
High Rock will not be liable to you for any type of direct, indirect, special, incidental, equitable, or consequential damages for any delays, loss, damage, injury, wasted time and for any other loss or damage of any kind, whether caused by negligence, breach of contract, or otherwise, as a result of your participation in any of the Online Courses. You hereby release High Rock from any and all claims, including, without limitation, those related to personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition, or issue, or otherwise. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You, on behalf of yourself, your heirs and assigns, agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party in connection with, due to, or arising out of: (1) use of the Online Courses; (2) breach of this Online Courses Agreement (3) any breach of your representations and warranties set forth in this Online Courses Agreement; (4) your violation of the rights of a third party, including but not limited to intellectual property rights and any duties associated with attorney/client privilege or medical confidentiality; or (5) any overt harmful act toward any other user of the Online Courses with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Notification
All notices and other communications given in connection with this Online Courses Agreement shall be in writing and shall be deemed given when sent as an email to the email address submitted with your registration information for the Online Courses.
Notifications may be sent to High Rock at: [email protected]
Notice shall be deemed served as of the date sent.
Miscellaneous
Entire Agreement. This Online Courses Agreement incorporated as part of our Legal Terms supersedes any and all other agreements, either oral or written, between the Parties hereto with respect to the License granted hereunder and contains all the covenants and agreements between the Parties with respect thereto. Each party to this Online Courses Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, that are not embodied herein, and that no other agreement, statement, or promise not contained in this agreement shall be valid or binding. Any modification of this Online Courses Agreement will be effective only if it is in writing signed by the party to be charged.
Governing Law. Unless otherwise expressly stated herein, your use of the Online Courses and this Online Courses Agreement are governed by and construed in accordance with the laws of the Commonwealth of Massachusetts applicable to agreements made and to be entirely performed within the Commonwealth of Massachusetts, without regard to its conflict of law principles.
Forum. Any claim or action arising from this Agreement shall be commenced or prosecuted in the state courts located in Middlesex County Massachusetts or the U.S. District Court for the District of Massachusetts and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Partial Invalidity. If any provision in this Online Courses Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
No Relationship. This Agreement does not constitute a partnership agreement, nor does it create a joint venture or agency relationship between the parties.
No Waiver. No consent or waiver, express or implied, by any party to any breach or default by any other party in the performance by such other party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of obligations hereunder by such other party hereunder. Failure on the part of any party to complain of any act or failure to act of any other party or to declare any other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such first party of any of its rights hereunder.
Headings and Interpretation. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Online Courses Agreement. Whenever the words "include," "includes," or "including," are used in this Online Courses Agreement, they shall be deemed to be followed by the words "without limitation."