The Company offers a yearly (12-month) automatically renewable paid Subscription Plan for our Teachers. The features, subscriber rights, terms, and price of this Subscription Plan may change from time to time and the most current description and price may be found on our Subscription Plan pricing page: https://blendingmagic.com/register/full-access/.
WE RESERVE THE RIGHT TO REVOKE YOUR SUBSCRIPTION AT ANY TIME AS A RESULT OF A VIOLATION OF THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY. SUBSCRIPTION MEMBERSHIP IS VOID WHERE PROHIBITED BY LAW.
Your subscription order constitutes an offer to purchase a Subscription Plan and the Services available on our platform. We reserve the right at any time to accept or decline any Subscription Plan order. We reserve the right to cancel your order at any time before it has been accepted, and we may rescind the acceptance and cancel your order where there has been an obvious error in price or where the Subscription Plan or Services is no longer available.
As between the Company and you, the Company, or its licensors, own and reserve all right, title, and interest in, and to, the Service and all software, hardware, and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to, or ownership of, any proprietary rights related to the Service or software is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Company.
Violating the security of our Services is prohibited and may result in criminal and civil liability. Company may investigate incidents involving such violations and may involve, and will cooperate with law enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to, or use of, data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
We will maintain industry-standard administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Your Data. We protect Your Data using commercially reasonable technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls.
While we take these precautions, you acknowledge that no method of transmission over the Internet, or method of electronic storage, is completely secure. Therefore, although we strive to use commercially acceptable means to protect Your Data, we cannot guarantee its absolute security.
You are responsible for maintaining the security of any passwords, account information, or other credentials associated with your use of the Services. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
Our collection, use, and disclosure of Your Data, including personal information, is further described in our Privacy Policy, which is incorporated into this Agreement by reference. By using the Services, you consent to such collection, use, and disclosure and represent that you have reviewed and understood our Privacy Policy.
Limitation of Liability
YOUR USE OF THE COMPANY SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY PARTIES (DEFINED AS THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES, PRODUCTS, OR CONTENT RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICES OR ANY LINKS PROVIDED THROUGH THE SERVICES.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL THE COMPANY PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATIONS FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT OF FEES YOU PAID TO US FOR USE OF THE SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE ACT OR OMISSION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnity
You agree that you will be personally responsible for your use of the Service and for all of your communications and activities in connection with the Service. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors, and service providers, and their respective directors, officers, employees, agents, and representatives (collectively, the “Company Parties”) from and against any and all claims, demands, complaints, actions, suits, proceedings, investigations, damages, losses, liabilities, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys’ fees and court costs) that arise out of or relate to:
(a) your access to, use of, or misuse of the Services;
(b) your violation of this Agreement or any applicable law, regulation, or third-party right;
(c) any User Content you submit, post, upload, transmit, or otherwise make available through the Services; or
(d) your negligence, misconduct, or fraudulent activity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate with our defense of such claim. You may not settle any claim covered by this indemnity without the Company’s prior written consent.
IN EXCHANGE FOR YOUR RIGHT TO USE THE SERVICES, YOU RELEASE, TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE COMPANY PARTIES (DEFINED AS THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES) FROM ANY AND ALL CLAIMS, DEMANDS, COMPLAINTS, ACTIONS, SUITS, PROCEEDINGS, INVESTIGATIONS, DAMAGES, LOSSES, LIABILITIES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, COSTS, AND EXPENSES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR ACCESS TO THE SERVICES.
If you are a California resident, you expressly waive California Civil Code §1542, which states:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
By waiving this statute, you understand and agree that you may be releasing claims you did not know you had at the time of entering into this Release.
This Agreement, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, without regard to its conflict of law principles. You agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
If you access or use the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws. We make no representation that the Services are appropriate or available for use in any particular jurisdiction, and we may limit the availability of the Services, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law may be an inadequate remedy in the event of a breach or threatened breach by you of this Agreement. Therefore, in addition to any other remedy to which we may be entitled at law or in equity, we shall be entitled to seek an injunction or other equitable relief to prevent or restrain a breach of this Agreement by you, without the necessity of proving actual damages or posting a bond or other security.
For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach shall be brought in the state or federal courts located in Georgia, and you consent to the jurisdiction of such courts and waive any objection to venue or forum.
The rights and remedies of the Company under this Agreement are cumulative and in addition to any rights and remedies available at law or in equity.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION CONTAINS AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND THE COMPANY RESOLVE CERTAIN DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You agree that, except to the extent inconsistent with or preempted by federal law, this Agreement and any dispute arising out of or relating in any way to your use of the Services shall be governed by the laws of the State of Georgia, without regard to its conflict of law principles.
This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You and the Company agree that any and all disputes, controversies, claims, or causes of action arising out of or relating in any way to these Terms, the Services, or your use of the Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claims qualify.
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. Unless both you and the Company agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a class, collective, representative, or private attorney general proceeding.
Before initiating arbitration, the party seeking arbitration must first send a written notice of the dispute to the other party, describing the nature and basis of the claim and the requested relief. You agree to send any such notice to:
The Six Shifts, LLC
1720 Epps Bridge Parkway
Suite 108, #419
Athens, GA 30605
The Company will send any notice to you at the email address or mailing address we have on file. If the parties are unable to resolve the dispute within thirty (30) days after the notice is received, either party may commence arbitration.
Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and, where applicable, the AAA Consumer Arbitration Rules. The arbitration will be conducted before a single neutral arbitrator. The place of arbitration shall be Athens, Georgia, unless you and the Company agree otherwise. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator shall have the authority to award any remedies available under applicable law, subject to the limitations set forth in these Terms.
The arbitrator’s decision will be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.
The arbitration proceedings and arbitration award, including the hearing, briefs, and any materials submitted or exchanged, shall be confidential and may not be disclosed by either party except as necessary to enforce the award or as required by law.
If any part of this Arbitration Agreement is found unenforceable, that portion shall be severed, and the remainder of this section shall remain in full force and effect, except that if the prohibition on class or representative actions is found unenforceable, the entirety of this Arbitration Agreement shall be null and void.
CONTACT US:
If you have to provide us with any Notice, or have any questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at customerservice@thesixshifts.com or mail us here:
The Six Shifts, LLC
1720 Epps Bridge Parkway
Suite 108, #419
Athens, GA. 30605
Last updated: September 27, 2025