- Use and Consent
- Intellectual Property Rights
- Our Limited License to You.
For Offerings which you purchase as well as other publicly shared information that is NOT a part of any paid Offering, you are granted the following license:
(a) You are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only and only for such Offerings. You may not reproduce, distribute or otherwise use our Offerings in a manner that has not been authorized by us.
(b) You are permitted to download and/or print free resources from our Website or e-mail correspondence, e-newsletters, or other publicly shared information for your own personal or business use, but only if you (i) give us credit by name, (ii) keep intact all copyright and other proprietary notices and, (iii) if used electronically, you include a link back to the Website page(s) from which the information was obtained.
However, you are not permitted to share, sell, reprint or republish any other of our Offerings, including handouts, for resale or mass reproduction purposes.
Any trademarks, taglines, and logos displayed on Offerings belong to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, Meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times.
- Information You Are Prohibited from Sharing with Others. You understand and acknowledge that our Offerings have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.
- You will not in any way use, copy, adapt or represent any of our Offerings in any way as if they are yours or created by you.
- You will not engage in improper and/or unauthorized use of our Offerings. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Offering or any other information accessed or purchased through our Offerings, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
- You will not duplicate, share, trade, sell, or otherwise distribute any of our Offerings to any other person. You are the only one granted a limited license to use our Offerings.
- You will not reprint or republish any part of our Offerings for publication or compilation into your own products, programs, services or program materials for your own personal use or business/commercial use or in any way that earns you money.
- You will not use our Offerings in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
You agree and understand that prohibited use, improper and/or unauthorized use of any of our Offerings may give rise to a civil claim for damages and/or be a criminal offense.
- Limitations on Linking and Framing. You may establish a hypertext link to our Website or other online Offerings so long as the link does not state or imply any sponsorship, endorsement by, or ownership by you in our Website or such Offerings and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link any of our online Offerings without our written permission.
- Your License to Us. By posting or submitting any material on or through our Offerings, such as comments, posts, photos, images or videos or other contributions (collectively “Your Content”), you are representing that you are the owner of all Your Content. When you submit to us or post Your Content, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display Your Content, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make Your Content part of our current or future Offerings. This license includes a license to us to use or exploit proprietary rights or intellectual property rights, such as copyright, trademark, service mark, trade secrets, patent rights and other intellectual property rights, in Your Content under any relevant jurisdiction, without any further permission from you or compensation by us to you. You also grant us, and anyone authorized by us, the right to identify you as the author of any of Your Content by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display Your Content and that we may elect to cease the use and display of any of Your Content on our Offerings at any time for any reason whatsoever.
- Media Release. By participating in or using our Offerings, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Offerings in our current or future Offerings, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
- Copyright Infringement. We respect the intellectual property rights of others. We require that information posted by users of the Offerings be accurate and not in violation of the intellectual property rights or other rights of third parties. If you believe that your work or the work of another has been posted onto our Website or other parts of the Offerings in a way that constitutes copyright infringement, please follow the process located here [Link to DMCA policy] for a description of the process to enable you to convey to us your concerns.
- Request for Permission to Use Offerings
Any request for written permission to use our Offerings, in whole or in part, or any other intellectual property or other property belonging to us, should be made BEFORE you wish to use it by completing the “Contact Us” form on the Website, or by sending an e-mail to email@example.com.
If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission.
- Personal Responsibility and Assumption of Risk
You agree that you are using your own judgment in using our Offerings and you agree that you are doing so at your own risk. Our Offerings are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Offerings. Our Offerings are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Offerings.
We take every precaution to protect our Offerings. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of the Offerings or of the information transmitted to us on or through our Website or our Offerings. Submitting information on our through our Offerings is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of our Offerings and you agree that you are assuming such risks.
- No Damages. Our Offerings are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Offerings, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user of our Offerings, including you.
- Medical Disclaimer. Our Offerings are not to be perceived as, or relied upon in any way as, medical advice or mental health advice. The information provided through our Offerings is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Offerings or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
- Legal and Financial Disclaimer. Our Offerings are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Offerings is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are 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 that you may have as a result of information presented to you through our Offerings. You are solely responsible for your results.
- Earnings Disclaimer. You acknowledge that we have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in the Offerings. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Offerings and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Offerings. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
- Warranties Disclaimer. We make no warranties as to our Offerings. You agree that our Offerings are provided “AS IS” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Offerings will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that the Offerings are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our Offerings or any third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
- Technology Disclaimer. We try to ensure that the availability and delivery of our Offerings are uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Offerings become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Offerings inaccessible to you.
- Errors and Omissions. We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Offerings. Every effort has been made to present you with the most accurate, up-to-date information, but we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
- Links to Other Websites. We may provide links and pointers to other websites maintained by third parties that may take you outside of our Offerings. These links are provided for your convenience and the inclusion of any link in our Offerings to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or the other Offerings, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included in our Offerings. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
- Indemnification, Limitation of Liability and Release of Claims
- Indemnification. You agree at all times to defend, indemnify and hold harmless us, as well as all of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, 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 our Offerings, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
- Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Offerings. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Offerings, or in any way or in any location. We assume no responsibility for your use our Offerings or any other information provided by us or affiliated with us.
- Your Conduct
You agree that you will not use our Offerings in any way that causes or is likely to cause the Offerings, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and to us. You must use the Offerings for lawful purposes only. You agree that you will not use our Offerings in any of the following ways:
- For fraudulent purposes or in connection with a criminal offence or to otherwise carry out any unlawful activity;
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene, menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others;
- To send, negatively impact, or infect our Offerings with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware;
- To use the Website or any of our Offerings to send commercial solicitations, chain letters, mass mailings or any spam;
- To cause annoyance, inconvenience or needless anxiety; or
- To impersonate any third party or otherwise mislead as to the origin of your contributions.
- Communication Guidelines
- Purchases and Online Commerce
If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for the Offering which you have agreed to purchase or to which you are subscribing, without any additional authorization. We shall provide you an electronic receipt for such charges. If you are provided with a PayPal invoice instead, you agree to pay it by the date due on the invoice or the Offering you purchased or to which you are subscribing will be put on hold until payment is made.
If payment is not received by the date due, you have a 3-day grace period to make the payment otherwise the Offering you purchased or to which you are subscribing will not continue and we reserve the right to cease your access immediately and permanently.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Offerings for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
If a chargeback is placed on a purchase or we receive a chargeback threat during or after your 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. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Offerings (a “Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the Merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Offerings, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
You release us from any damages that you incur, and agree not to assert any claims against us, arising from your purchase through, or use, of our Website or our Offerings.
- Refund Policy
Your satisfaction with our Offerings is important to us. However, because of the extensive time, effort, preparation and care that go into creating and/or providing such Offerings, we have a “no refund” policy. We do however, offer exchanges in limited circumstances as set forth in our “Clothing Purchase and Refund Policy” that applies to clothing purchases and related charges (the “Clothing Refund Policy”). Except as provided by law or the Clothing Refund Policy, you acknowledge that we do not offer refunds for any portion of your payment for any of our Offerings.
You may terminate your use of or participation in our Offerings at any time by sending an e-mail to firstname.lastname@example.org.
We also may, in our sole discretion, terminate your access to our Offerings, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Offerings.
Upon the cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Offerings, including but not limited to our Website, private forums, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Offerings at any time without notice and in our sole discretion.
- Dispute Resolution
It is hoped that should we ever have any differences, we would be able to work them out amicably through e-mail correspondence. However, should we be unable to achieve resolution within a reasonable time, you agree that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to us at email@example.com and include all of your reasons for dissatisfaction with the Offerings. You understand and agree that the maximum remedy that can be awarded to you through arbitration is full refund of your payments made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having appropriate jurisdiction.
By purchasing our Offerings you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within 1 year of the date the claim arose, you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You also agree that should arbitration take place, it will be held in Santa Clara County in the State of California. The prevailing party in any dispute shall be entitled to recover all related attorneys’ fees and costs in connection with such arbitration or the enforcement of the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us or any of our Offerings. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
- Entire Agreement; Other Terms