Terms and Conditions
We are committed to providing all participants with a positive experience. Thus, COMPANY may, at its sole discretion, limit, suspend, or terminate your use of the Site and Program without refund or forgiveness of remaining payments if you use any content acquired via the Site and/or Program for any unlawful purpose, or in any unlawful fashion, including but not limited to violations of CAN-SPAM, COPPA, and Canadian Anti-Spam Legislation, any other applicable laws, rules or regulations or in any manner which infringes the intellectual property rights of COMPANY.
- Site and Program content is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.
- All materials that have been or will be made available via the Site and/or Program, are for your use in or in conjunction with your use of the Site and Program only.
- Site and Program content may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Company, or its designated agent.
- We assume no responsibility for errors or omissions that may appear in any Site and any program materials.
- User names and passwords may not be shared with any third-parties.
- Any violation of Company’s polices regarding content usage shall result in the immediate termination of your enrollment without refund.
- Your use of the emails, emails sequences, subject lines and other content created by the Program is solely and wholly your responsibility and you specifically agree that Company is not responsible in any fashion for the consequences of such usage. Rather, you are responsible for ensuring that your usage of the materials generated by the Program and Site are compliant with applicable laws, rules and regulations and any licensing authorities that may govern your business.
Privacy & Confidentiality:
We respect your confidential and proprietary information ideas, plans and trade secrets (collectively, “Confidential Information”) and must insist that you respect the same rights of the Company.
Thus, you agree:
- not to infringe the Company’s copyright, patent, trademark, trade secret or other intellectual property rights;
- that any Confidential Information shared by any representative of the Company is confidential and Proprietary, and belongs solely and exclusively to the Company;
- not to disclose such information to any other person or use it in any manner;
- that all materials and information provided to you by the Company are its confidential and proprietary intellectual property belong solely and exclusively to the Company, and may only be used by you as authorized by the Company;
- the reproduction, distribution and sale of these materials by anyone but the Company is strictly prohibited;
- that if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
It is a condition of your use of the Site and participation in the Program that you do not:
- Restrict or inhibit any other user from using and enjoying the Site.
- Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
- Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
- Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
- Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
- Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
- Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
- Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
- Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE PROGRAM, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
You agree at all times to defend, indemnify and hold harmless COMPANY its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your use of the Program or Site in any manner.
All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in Santa Monica, CA.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.