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Terms of service
AGREEMENT

Last Updated: April 18th, 2025

By purchasing a course or mentorship from Sierra Division Academy (“SDA”) and navigating our website, you agree to the following Terms of Service (“TOS”) and our associated policies. By using our services, you acknowledge that you have read, understand, and agree to be bound by these terms. If you do not agree, do not access or use any of our services.

Note: You must be at least 18 years of age to purchase or attend any of our educational content, events, or livestreams.

1. Acceptance of Terms

Sierra Division, Inc. (“SDA” or the “Company”), a Delaware corporation, grants you a limited, personal, non-transferable, and non-exclusive right to access and use its educational services (the “Services”) subject to these Terms of Service and the Acceptable Use Policy.

By accessing or using the SDA educational platform, you agree to be bound by these terms. We may update these Terms of Service from time to time to reflect changes to our Services, legal requirements, or business practices. If we make material changes, we will provide reasonable notice, such as by posting the updated Terms on our website and updating the “Last Updated” date above. Your continued use of the Services after such notice constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you may terminate your account at any time by contacting us.

2. Description of the SDA Educational Platform

SDA offers users access to educational content and resources, including tools for communication, forums, mood boards, shopping services, personalized content, and branded programming (collectively, the “SDA Educational Platform”), accessible via various devices and media formats.

The platform may include advertisements and communications from SDA, such as service announcements and newsletters, which are part of the educational experience.

New features or updates released by SDA are also subject to these TOS. You are responsible for obtaining access to the platform and covering any third-party fees (e.g., ISP charges) or equipment required for access.

You are solely responsible for submitting assignments on time. Instructors are not obligated to review or provide feedback on late submissions.

You agree to comply with our Code of Conduct and all applicable laws and regulations, including those concerning intellectual property, privacy, data protection, export controls, and taxation.

You acknowledge that your content and data may be transmitted over various networks and modified for technical compatibility.

3. Your Registration Obligations

By registering for the SDA platform, you confirm that you are legally able to enter into a binding contract and are not prohibited from accessing the platform under applicable laws.

You agree to:

  • Provide true, accurate, and complete registration information, and
  • Keep your registration data current.

If SDA suspects that your information is inaccurate or incomplete, we may suspend or terminate your account.

Each course runs for six (6) to eight (8) weeks, with an additional review week at the end. Each art mentorship runs for eight (8) weeks. Each career guidance mentorship has two (2) meetings, separated by some designated amount of time set by the mentor.

Payment:

Access to the Service requires full payment at the time of purchase, as listed on the relevant course or mentorship enrollment page. All purchases are final, regardless of whether the Services are used. You are responsible for any applicable taxes related to your purchase.

You are also responsible for any fees, including legal or collection costs, resulting from chargebacks or failed payments.

Refunds:

Sierra Division Academy does not offer refunds as a general policy. However, in exceptional circumstances and at the sole discretion of SDA staff, a refund may be granted.

If a refund is approved, the request must be submitted no later than six (6) days before the course or mentorship begins. All refunds are subject to a 15% administrative fee. No refunds will be granted after the start date or once access to course or mentorship content has been initiated — whichever occurs first.

All mentorship programs begin on the first business day of each calendar quarter (January, April, July, and October) in the United States.

All courses begin on their respective advertised start dates.

For full details or to make a request, please visit our Contact Form

For full details, please visit our Refund Policy

4. Privacy Policy

Your Registration Data and other information are subject to SDA’s Privacy Policy, for full details please see our Privacy Policy. By using the platform, you consent to the collection, storage, and processing of your data in the United States or other jurisdictions in accordance with our Privacy Policy.

5. Member Account, Password, and Security

Upon registering, you will create an account and password. You can also use other social media sign-ins to access the SDA Educational Platform. The virtual classroom will become available on the date advertised on our website.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to:

  • Immediately notify SDA of any unauthorized use or security breach.
  • Log out of your account after each session.

Until you notify us, you are solely responsible for any unauthorized use. SDA is not liable for any loss or damage arising from your failure to comply with this section.

6. Content Submitted or Made Available on the SDA Educational Platform

You retain ownership of all content you submit to courses hosted by Sierra Division Academy ("SDA"). However, by submitting content to any accessible area of SDA's platform (including, for example, student forums or comment threads), you grant SDA a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content solely in connection with the specific course(s) or platform features to which it was submitted for marketing and other such purposes. This license remains in effect only for as long as the content is available on the SDA platform and terminates upon removal by either you or SDA.

This applies to, but is not limited to:

  • Media Files (e.g., photos, graphics, audio, or video): Licensed for use and display solely in connection with the course or purpose for which they were submitted.
  • Other Content (e.g., written work): Licensed perpetually and irrevocably, with SDA granted the right to sublicense, use, publish, translate, or incorporate it into other works in any format or medium, now known or later developed.

SDA does not claim ownership of student-submitted assignments. However, all assignment submissions must be original. You are solely responsible for the authenticity of your work. If plagiarism is suspected, instructors reserve the right to withhold feedback or take further action. It is the sole discretion of the instructor, mentor, or SDA staff if a work becomes suspicious of plagiarism. SDA is not liable for plagiarism or infringement committed by students. Using references and giving proper artist credit can be acceptable, so long as it differs enough from the original work. Determining whether or not it differs enough is at the sole discretion of the instructor, mentor, or SDA staff.

Note: “Accessible areas” are intended to be visible to members of the course or academy community. They do not include private or restricted areas unless explicitly stated.

7. Contributions to SDA

By submitting feedback, suggestions, proposals, or ideas (“Contributions”) via SDA’s feedback channels, you agree that:

  • Your Contributions are non-confidential and non-proprietary.
  • SDA has no obligation of confidentiality, express or implied.
  • SDA may use, disclose, or choose not to use your Contributions for any purpose, in any media, worldwide.
  • SDA may already be developing similar ideas internally.
  • Your Contributions become the property of SDA without obligation to compensate you.

8. Indemnity

You agree to indemnify and hold harmless SDA, its affiliates, officers, employees, agents, partners, and licensors from any third-party claim or demand (including reasonable attorneys’ fees) arising out of:

  • Content you submit, post, transmit, or make available through SDA’s courses.
  • Your use of the SDA platform.
  • Your violation of these Terms of Service.
  • Your infringement on the rights of another party.

9. No Commercial Reuse of the SDA Platform

You may not reproduce, duplicate, copy, sell, trade, resell, or exploit any portion of the SDA platform—including content, advertisements, software, or your user ID—for commercial purposes without explicit written permission from SDA.

10. General Practices Regarding Use and Storage

SDA may establish limits on:

  • The duration content is stored (e.g., emails, forum posts, assignment submissions, user uploads).
  • The number or size of messages that can be sent or received.
  • The amount of disk space available to your account.
  • Access frequency or session duration.

SDA is not responsible for deletion or failure to store your content or communications. Inactive accounts may be logged out or removed. SDA may update these practices from time to time at its sole discretion.

11. Modifications to the SDA Educational Platform

SDA reserves the right to modify or discontinue any part of the platform or course offerings at any time, with or without notice. This includes changes due to:

  • Instructor unavailability
  • Technical issues
  • Force majeure (natural disasters, acts of government, etc.)

SDA is not liable to you or any third party for such changes, suspensions, or discontinuances.

12. Term and Termination

You may terminate your account at any time by contacting SDA. SDA may also suspend or terminate your account immediately and without prior notice for reasons including, but not limited to:

  • Violations of the Terms of Service or other policies, like the Student Code of Conduct
  • Legal or governmental requests.
  • Infringement of intellectual property rights.
  • Technical or security issues.
  • Prolonged inactivity.
  • Fraudulent or illegal activity.
  • Nonpayment of fees.
  • Violations of import/export laws.
  • Situations that may expose SDA to legal liability.

Termination may include:

  • Revoking access to SDA offerings.
  • Deleting your account, content, and user data.
  • Preventing further access to SDA’s platform.

You remain responsible for fees associated with any course you enrolled in, regardless of whether your access is suspended or terminated.

13. LINKS

The courses hosted by Sierra Division Academy (“SDA”) may contain links to third-party websites or resources. You acknowledge and agree that SDA is not responsible for the availability of such external sites or resources, and does not endorse or assume any liability for any content, advertising, products, or other materials available through such sites or resources. SDA shall not be liable, directly or indirectly, for any damage or loss resulting from your use of or reliance on any such content, goods, or services.

14. SDA’S PROPRIETARY RIGHTS

You acknowledge that all courses, materials, and software used in connection with the courses hosted by SDA (“Site”) contain proprietary and confidential information protected by applicable intellectual property and other laws. Content presented to you through SDA or its contractors is protected by copyright, trademark, service mark, patent, or other rights.

You may not modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on the Site or its content unless expressly permitted by law or authorized by SDA or its licensors.

SDA grants you a personal, non-transferable, and non-exclusive license to access and use the Site through the interface provided by SDA. You agree not to access the Site by any means other than through that interface and not to use modified versions of the Site for any reason, including to gain unauthorized access.

15. DISCLAIMER OF WARRANTIES

Your use of SDA’s platform and Site is at your sole risk. The platform and Site are provided “as is” and “as available.” SDA and its affiliates, officers, employees, contractors, and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to:

  • warranties of title, merchantability, fitness for a particular purpose, and non-infringement;
  • guarantees that the platform or Site will meet your requirements, operate uninterrupted, or be error-free;
  • the accuracy or reliability of results obtained through the platform; or
  • that products, services, or materials will meet your expectations.

Any material downloaded or obtained through the Site is done at your own discretion and risk. You are solely responsible for any damage to your systems or loss of data resulting from such downloads.

No advice or information from SDA, whether oral or written, shall create any warranty not expressly stated in these terms.

Some users may experience epileptic symptoms when exposed to certain visual effects. If you or your family has a history of epilepsy, consult a physician before using the platform. Discontinue use and consult a physician if you experience dizziness, vision changes, involuntary movements, or seizures.

16. LIMITATION OF LIABILITY

To the maximum extent permitted by law, SDA and its affiliates, officers, employees, contractors, and licensors shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including loss of profits, goodwill, use, data, or other intangible losses, even if SDA has been advised of the possibility of such damages, resulting from:

  • your use or inability to use the platform;
  • the cost of procuring substitute goods or services;
  • unauthorized access to or alteration of your data;
  • conduct or content of any third party; or
  • any other matter related to the SDA service.

17. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. In such cases, some of the above disclaimers and limitations may not apply to you.

18. NO THIRD-PARTY BENEFICIARIES

Unless explicitly stated, these Terms of Service do not create any third-party beneficiary rights.

19. NOTICE

SDA may provide notices to you through email, postal mail, SMS, posted updates on the Site, or other reasonable means. If you access the Site in an unauthorized manner, you may not receive such notices. Your acceptance of these terms includes agreement that you are deemed to have received all such notices.

20. TRADEMARK INFORMATION

All trademarks, service marks, trade names, and logos used by SDA are the property of Sierra Division Academy or its affiliates (“SDA Marks”). You may not use the SDA Marks without prior written consent.

21. COPYRIGHT AND INTELLECTUAL PROPERTY CLAIMS

SDA respects the intellectual property of others and expects users to do the same. We may suspend or terminate the accounts of repeat infringers.

To report infringement, please provide the following information to our site administrator:

  • Your electronic or physical signature;
  • A description of the copyrighted work or intellectual property in question;
  • The URL or location of the infringing material;
  • Your contact information;
  • A statement that you have a good-faith belief the use is not authorized; and
  • A statement under penalty of perjury that the above is accurate and that you are authorized to act on behalf of the owner.

Contact:
Email: legal@sierradivision.com

22. GENERAL TERMS

Entire Agreement. These Terms of Service constitute the full agreement between you and SDA regarding your use of the platform and supersede any prior agreements. Additional terms may apply to specific courses or services.

Governing Law. These terms are governed by the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes shall be brought in the state courts located in New Castle County, Delaware, or the U.S. District Court for the District of Delaware. You consent to personal jurisdiction in such courts and waive all objections to venue.

Waiver and Severability. If SDA fails to enforce a right or provision, it does not waive the right to enforce it later. If any provision is deemed invalid, the remainder of the agreement remains in effect.

No Right of Survivorship. Your account is non-transferable and terminates upon your death. Upon receipt of a death certificate, the account and its contents may be deleted.

Statute of Limitations. Any claim related to the platform must be filed within one (1) year of the event giving rise to the claim or be forever barred.

23. VIOLATIONS

Please report any violations of these Terms to: legal@sierradivision.com

By purchasing or using our services, you confirm that you have read, understand, and agree to these Terms of Service. If you do not agree, you may contact us regarding cancellation and refund eligibility under our policy.

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