Terms and Conditions

Effective Date: February 17, 2023

THE AGREEMENT: This Course Agreement (hereinafter, “Agreement”) is made by and between 1021 HOME LLC d/b/a FOCUSED SKETCHUP, a Virginia limited liability company (referred to in these Terms of Service as “Course Provider” or “we” and through similar words such as “us,” “our,” etc.), and you as a participant in the Course (referred to in these Terms of Service as “you,” and through similar words such as “your,” “yours,” “user,” “participant,” etc.) (collectively, “Parties”).

All parts and sub-parts of this Agreement are specifically incorporated by reference here.  This Agreement shall govern the use of all pages and screens in and on the Course (all collectively referred to as “Course”) and any services provided by or on this Course Provider through the Course (“Services”) and/or on the Course Provider’s website (“Website”).

Article 1 – ASSENT & ACCEPTANCE:

By purchasing and participating in the Course, you warrant that you have read and reviewed this Agreement and that you agree to be bound to the terms and conditions described herein (“these Terms of Service”), the terms and conditions of our  (the “Privacy Policy”) and any other legal notices published by us on the Service (collectively, the “Governing Documents”).  If you do not agree to any of these terms, you should not use the Services and should cease your participation in the Course immediately.  If you cease your participation in the Course after purchase, you will not be entitled to any refund.  Course Provider only agrees to provide the Course to you if you assent to this Agreement.

Article 2 – AGE RESTRICTION:

You must be at least eighteen (18) years of age to use this Website, participate in the Course or access any Services contained herein.  By participating in the Course, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement.  Course Provider assumes no responsibility or liability for any misrepresentation of your age.

Article 3 – LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS:

We may provide you with certain information as a result of your accessing of the Course through the Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course (“Materials”).  

Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Course and your use of the Website.  The Materials may not be copied and used for any other purpose.  This license terminates upon your completion of the Course, your cessation of use of the Course or the Website, or at the termination of this Agreement.

Course Provider reserves the right to delete or suspend your account if you violate any of our rules, or at any time and for any reason.

Article 4 – COURSE TERMS:

The Course does not have a structured start date, which means you may begin it at any time.

At the completion of the Course, you will receive a certificate evidencing your participation in, and completion of, the Course.

The Course and any of its accompanying Materials may not be shared with any third-party.  If we receive information and/or have a reasonable belief that the Course or Materials are being shared and/or that you have shared your log-in information with any third-party, we reserve the right to immediately terminate your access to the Course, in our sole and exclusive discretion.

We do not offer any promises or guarantees with regard to our Course or Course Materials.  You hereby acknowledge and agree:

1. You are solely and exclusively responsible for the choices that you make with regard to this Course, the Materials contained within it, or any significant changes to your business or income;
2. We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course;

Article 5 – CANCELLATION and REFUND POLICY:

This course has a fourteen (14)-day satisfaction guarantee, meaning that for whatever reason within 14 days of your order confirmation date, you may email FOCUSED SketchUp at [email protected] to cancel the Services and request a refund.  Requests outside of the fourteen (14)-calendar day period will be denied and no refund will be payable.  If the request is made after fourteen (14) calendar days and the payment plan option was selected at checkout, any remaining payments are still due in full to the seller. 

We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise.  In any event, you will not incur any fees as a result of this reimbursement.

Article 6 – INTELLECTUAL PROPERTY:

You agree that the Materials, the Course, the Website, and any other Services provided by the Course Provider are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”).  You agree that the Company owns all right, title and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose.  YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE THE COMPANY IP, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE, IN ANY MANNER, INCLUDING ELECTRONICALLY OR VIA REGISTRATION OF ANY NEW TRADEMARKS, TRADE NAMES, SERVICE MARKS, OR UNIFORM RESOURCE LOCATORS (“URL”), THE MATERIAL ON THE SERVICES, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.  You may print and download portions of the material from the different areas of the Services solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials, and not to share any material that you paid for with anyone else who has not also purchased a license for that material.

You may not use any robots, spiders, or similar data mining, data gathering or extraction tools or manual processes to collect, gather or copy any content or data on or related to the Services in a manner not expressly authorized by Course Provider in writing.  You may not engage in practices of “screen scraping,” “database scraping” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Services, in any manner and any quantities not expressly authorized by Course Provider in writing.  You may not frame or utilize framing techniques to disclose any Company IP of Course Provider or its affiliates without express written consent.  You may not use meta tags or any other “hidden text” utilizing Company IP without the express written consent of Course Provider.

Article 7 – CONTENT YOU POST:

Through your participation in the Course and your use of the Website, you may be permitted to post materials to the Course pages, social media accounts (including the private Facebook group for FOCUSED SketchUp) and other parts of the Website (“User Contributions”).  This also includes testimonials and/or reviews of the course submitted to FOCUSED SketchUp through any electronic means.  You hereby grant Course Provider a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of User Contributions you post.  The Course Provider claims no further proprietary rights in your User Contributions.

You also agree to comply with the “Acceptable Use” provision of this Agreement for all User Contributions that you post, including and especially to not violate the intellectual property rights of any third party through your User Contributions.

If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our users, please contact us and let us know.

Article 8 – YOUR OBLIGATIONS:

As a participant in the Course, you will be asked to register with us.  When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password.  You may also provide personal information, including, but not limited to, your name.  You are responsible for ensuring the accuracy of this information.  This identifying information will enable you to participate in the Course.  You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing.  Email notification will suffice.  You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.

The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information.  Providing false or inaccurate information or using the Course or the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

OBLIGATIONS: As a participant in the Course, you will be asked to undertake and complete the following obligations:

One Completed Final Project Submission and at least 90% of lessons viewed in the instructional modules.

Article 9 – PAYMENT & FEES:

The total fees for the Course (“Course Fees”) will be provided in your confirmation email following your enrollment in the Course.  Payment plans are available for the payment of the Course Fees.  Details regarding payment plan schedule will be provided in the confirmation email.

If payment of Course Fees is not complete by the time you wish to begin the Course, you will not be permitted to access the Course Materials.

Article 10 – ACCEPTABLE USE:

You will use the Services, this Course, and the Materials contained within it only for lawful purposes and agree to not use the Services in any way that will infringe upon the use or rights of any other user.  Your use of the Services is subject to all applicable laws and regulation, and you are solely responsible for the substance of your communications through the Services.  You agree not to use the Course or the Website in any way that could damage the Course, Website, Services, or general business of the Course Provider.

You further agree that you will not:

1. Harass, abuse, or threaten others or otherwise violate any person’s legal rights;
2. Share content from the Services and Course with anyone who is not properly licensed to access the content, and violate any intellectual property rights of the Course Provider or any third party;
3. Share software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
4. Upload, share, post, distribute material, or otherwise partake in any behavior, which is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), incites violence, hate, or discrimination towards any groups, or otherwise violates our rules and policies;
5. Impersonate any person or entity, including any of our employees or representatives;
6. Use your account to breach security of another account, attempt to gain unauthorized access to another network or server, or otherwise interfere with anyone else’s use and enjoyment of the Services;
7. Engage in any behavior that constitutes any form of unauthorized solicitation, lottery, gambling, sweepstakes, or pyramid scheme.

Article 11 – LIMITATION OF LIABILITY:

THE COURSE AND WEBSITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.  YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION POSTED IN THE COURSE, IN THE MATERIALS, OR ON THE WEBSITE IS NOT INTENDED TO BE LEGAL ADVICE, MEDICAL ADVICE, OR FINANCIAL ADVICE, AND NO FIDUCIARY RELATIONSHIP HAS BEEN CREATED BETWEEN THE PARTIES.

YOUR PARTICIPATION IN THE COURSE IS AT YOUR OWN RISK.  IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSE OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE SERVICES, OR FOR ANY ADVICE OR OTHER INFORMATION PROVIDED IN THE COURSE, MATERIALS OR WEBSITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Article 12 – REVERSE ENGINEERING & SECURITY:

You agree not to undertake any of the following actions:

1. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Course or Website;
2. Violate the security of the Course or Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.

Article 13 – DATA LOSS:

We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Course or use of the Website is at your own risk.

Article 14 – INDEMNIFICATION:

You agree to defend, indemnify and hold harmless Course Provider and its officers, members, managers, employees, agents, contractors, licensors, licensees, affiliates, subsidiaries, successors and assigns (collectively, “Course Provider Parties”) from and against any and all damages, liabilities, costs, expenses, claims, and/or judgements, including, without limitation, reasonable attorneys’ fees and disbursements that the Course Provider Parties may suffer from or incur which arise from or relate to: 1) your participation in the Course, 2) your use or misuse of the Website, 3) your breach of this Agreement, or 4) your conduct or actions.  You agree that we shall be able to select our own legal counsel and may participate in our own defense if we wish.

Article 15 – SPAM POLICY:

You are strictly prohibited from using Course for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

Article 16 – MODIFICATION & VARIATION:

We may, from time to time and at any time without notice to you, modify this Agreement.  You agree that we have the right to modify this Agreement or revise anything contained herein.  You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

Article 17 – SEVERABILITY:

To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.

Article 18 – ENTIRE AGREEMENT:

The Agreement and these Terms constitute the entire agreement and understanding between the Parties and supersedes all prior oral, written agreements, understandings, or commitments with respect to the Course and the matters provided for herein. No amendment, modification, or discharge of the Agreement or these Terms shall be valid or binding unless made in a signed, written agreement amongst the Parties. 

Article 19 – SERVICE INTERRUPTIONS:

We may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.

Article 20 – TERM, TERMINATION & SUSPENSION:

We may terminate this Agreement with you at any time for any reason, with or without cause.  We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.  You may also terminate this Agreement at any time by contacting us and requesting termination.  At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

Please be advised that terminating this Agreement does not entitle you to a refund on any monies spent with us.

Article 21 – NO WARRANTIES:

YOU AGREE THAT YOUR PARTICIPATION IN THE COURSE AND YOUR USE OF THE WEBSITE IS AT YOUR SOLE AND EXCLUSIVE RISK.  THE SERVICES AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS” WITHOUT WARRANTY OF ANY OTHER KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT, WITHOUT LIMITING THE FOREGOING.  WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF THE COURSE, OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OBTAINED BY YOU FROM THE SERVICES FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS, WE MAY MAKE CHANGES TO THE SERVICES AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE.  THE CONTENT INCLUDED ON THE SERVICES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Article 22 – LIMITATION ON LIABILITY:

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR ANTICIPATION IN THE COURSE OR YOUR USE OF THE WEBSITE.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT IN THE INSTANCE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF COURSE PROVIDER, THE MAXIMUM AGGREGATE LIABILITY OF COURSE PROVIDER SHALL NOT EXCEED ONE HUNDRED ($100.00) US DOLLARS OR THE AGGREGATE AMOUNT PAID OR PAYABLE BY YOU TO COURSE PROVIDER IN THE LAST SIX (6) MONTHS AS OF THE DATE OF THE EVENTS OR CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY.

SOME JURISDICTIONS PRHOBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Article 23 – DISCLAIMER ON ARTISTIC REPRESENTATIONS

All renderings, illustrations, pictures, photographs, and other graphic representations (3D) and references in Course and its Materials are artist’s impressions only, and do not represent actual physical products.  Computer-generated images and render images (3D) are the artist’s impression and are indicative of the actual designs.

These artist’s impressions and computer-generated images may contain textures for which Course Provider does not have a commercial license.  These images are for illustrative purposes only and should not be used for commercial purposes.  If these images are used for commercial purposes, you agree that Course Provider shall not be liable to you or any third party for any damages or liability arising out of or in connection with your commercial use of these images.

Some of the Course Materials may contain elements and objects that provided or owned by third parties, such as 3D Warehouse.  Course Provider does not own nor claim to own these third-party Course Materials.  These third-party Course Materials are used purely convenience.  Course Provider does not endorse, guarantee, or provide a warranty for the third-party Course Materials and may or may not review them for compliance with law (copyright, patent or any other laws).  COURSE PROVIDER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO MODELS POSTED BY THID PARTIES (AND ANY ACTION YOU TAKE BASED ON THEM).

Article 24 – GENERAL PROVISIONS:

1. LANGUAGE: All communications made, or notices given pursuant to this Agreement shall be in the English language.
2. JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Course and your use of the Website, you agree that the laws of Virginia shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Loudoun County, Virginia.  The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.  You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
3. ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration through JAMS® Streamlined Arbitration in Loudoun County, Virginia, by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class.  The arbitrator shall be bound by applicable and governing Federal law as well as the law of Virginia.  Each Party shall pay their own costs and fees.  Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations.  Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated.  The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
4. ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Course Provider, the rights and liabilities of Course Provider will bind and inure to any assignees, administrators, successors, and executors.
5. SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
6. NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
7. HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
8. NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
9. FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
10. ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: [email protected].