The Website is operated by Moulder Consulting Services, Inc. d/b/a Course Correction Coaching (“Course Correction Coaching”) and Heather Moulder (the “Coach”; Course Correction Coaching and the Coach are herein collectively called the “Company”, “we” or “us”). The term “you” refers to the user or viewer of the Website.
THE WEBSITE IS OFFERED TO YOU CONDITIONED ON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THESE TERMS. YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL THESE TERMS.
Application of Terms
By using and/or reviewing the Website and any and all products, services, programs, emails, blog posts, social media, video, words, design, layout, graphics, photos, images, materials, documents, data, databases and other information and intellectual property accessed or available through the Website (collectively, the “Content”), and by purchasing or using any Content, you are voluntarily agreeing to these Terms and our Website Disclaimer (which can be found at https://www.coursecorrectioncoaching.com/website-disclaimer and are herein referred to as the “Disclaimer”) as they appear, and you are legally agreeing that you have read, understand and fully consent to these Terms and the Disclaimer. These Terms apply to all users of the Content (whether previously, now or hereafter added to the Website) and to all users of the Website, including without limitation, all users who are browsers, vendors, customers, merchants and/or contributors of content to the Website. If you do not agree with these Terms, then you may not access the Website or use any Content. All Content and other information, tools, services, and other information available to you from the Company (either via the Website or via email from the Company) are conditioned upon your acceptance of these Terms.
To access or use the Website and/or any Content, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms. The Website and Content are intended solely for users who are 18 years of age and older. By accessing or using the Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to and to abide by these Terms. Any registration by, use of or access to the Website and the Content by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms. If you are 17 years of age or younger, please do not use the Website without your parent’s supervision and consent.
No Warranties; Waivers
By using the Website and any Content in any way or for any reason, you implicitly agree to our full Disclaimer, which can be found at https://www.coursecorrectioncoaching.com/website-disclaimer.
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND OTHER INFORMATION AND ALL SOFTWARE, SERVICES, GRAPHICS, FUNCTIONS AND MATERIALS ON OR OBTAINED FROM THE WEBSITE, IS PROVIDED “AS IS” AND “WHERE IS”.
THE COMPANY DOES NOT WARRANT THE ACCURRACY, AVAILABILITY, USEFULLNESS, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE WEBSITE AND COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (I) ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, (II) ANY WARRRANTIES OF TITLE, (III) IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND (IV) ANY WARRANTIES AND OTHERWISE ARISING IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. You assume full responsibility and all risks arising from use of the website and the Content.
YOU HEREBY WAIVE ANY CLAIM AGAINST THE COMPANY RESULTING FROM ANY ACTION TAKEN BY YOU BASED ON ANY INFORMATION WITHIN THE WEBSITE OR THE CONTENT OR BASED ON ANY OPINION, SUGGESTION OR PERCEIVED ADVICE CONTAINED WITHIN THE CONTENT OR ON THE WEBSITE.
Use of Website and Content.
You hereby agree that your use of any Content, the Website and any program, course or other service provided to you by the Company will be for legitimate, lawful, non-commercial purposes only and that you will not violate any laws in your jurisdiction (including, without limitation, any trademark laws or copyright laws). You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of any Content without express written permission by us.
By using the Website, you agree not to disrupt or intercept our electronic information posted on the Website or on any of our servers. You also agree not to attempt to circumvent any security features of the Website, and to abide by all applicable local, state, federal and international laws.
We reserve the right to limit the quantities of the products and services that we offer. All descriptions of all programs, courses, products and other services (and pricing therefor) is subject to change at any time without notice, at our sole discretion. Any offer for any program, course, product or other service is void where prohibited. We reserve the right to modify, and shall not be liable to you or to any other person for any modification to, any Content or any programs, courses or other services or any price therefor. Certain products or services may be available exclusively online through the Website and may have limited quantities and limitations as to time availability.
You hereby agree not to transmit to the Company (or any third-party service used by the Company) any worms or viruses or any code of a destructive nature. You hereby agree not to post or transmit through the Website or within any Facebook group relating to the Company or any Content any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
The Company endeavors to ensure that the availability and delivery of the Website and the Content is uninterrupted and error-free. 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. 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 the Website or the Content 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 the Website or the Content inaccessible to you.
Unless otherwise expressly noted, the term “Course Correction Coaching” and the Website, the Content, and all other information or materials available on or through the Website are the property solely owned by the Company and/or our affiliates or licensors and it is protected by United States intellectual property laws.
We hereby grant to you a revocable, non-transferable limited license to enjoy the Website and the Content only for your own personal use. This license is limited to you only. You may not use the Website or any Content for any business or commercial use (including, without limitation, in any way that earns you money) unless we give you written permission that you may do so.
When you access the Website or any of the Content, you are acknowledging that the Website and the Content have been developed or obtained by us through the investment of significant time, effort and expense, and that the Website and the Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. You may not use the Website or any Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. To the extent you view, purchase or access the Website or any Content, you will be considered our limited licensee, as set forth in these Terms.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, duplicate, copy, reproduce, or perform, or in any way exploit in any format whatsoever the Website, any of the Content or any other information on the Website, in whole or in part, without our prior written consent. You may not in any way at any time use, copy, adapt, imply or represent that the Website or any Content is yours or created by you. By downloading, printing, or otherwise using the Website and/or any Content for your personal use, you in no way assume any ownership rights of the Content. The Content shall at all times be the property of the Company. You understand that doing anything with the Website or the Content that is contrary to these Terms and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute you for such theft to the full extent of the law. We further reserve the right to immediately remove you from any and all programs, courses and other services, without refund, if you are caught violating these Terms.
Other than the limited license granted herein, nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content without the written permission of the Company. You must receive the written permission of the Company before using any Content for your own business use or before sharing with others.
Any request for written permission to use any Content, or any other intellectual property or property belonging to the Company, shall be made by sending an e-mail to [email protected] and must be requested prior to any use of such Content. Failure of the Company to respond shall constitute denial of such request. You may not use any Content in any way that is contrary to these Terms unless we have given you specific written permission to do so. 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.
You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship, endorsement by, or ownership by you in our Website or Content and does not state or imply that we have sponsored, endorsed, or have ownership rights in your website. However, you may not frame or inline link any Content without our written permission.
Any and all trademarks and logos displayed on the Website and within the Content are property belonging to the Company unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these Terms or any express written license are reserved by us.
Should you choose to purchase any products, courses, programs, services (including, without limitation, coaching or consultation services), written Content offered on the Website or other services on or through the Website (collectively, “Product”), you authorize the Company to charge your credit card or debit card (through PayPal, Stripe, Square or such other provider as then used by the Company). If payment is not received by the due date thereof (whether in full or via installment), you will have a three (3) day grace period in which to make full payment. Skipped or cancelled payments that remain unpaid outside of such three (3) day grace period will result in an immediate removal from the program, course or other service provided by the Company to you as part of the Product. Any time lost due to skipped or cancelled payments will not be made-up.
Except for Qualified Cancellations (defined below), you are responsible for full payment of fees for the Product, regardless of (a) whether you complete such program, course, or other service, (b) circumstance or (c) whether you have selected a lump sum or monthly payment plan. If you fail to make payment in accordance with these Terms, or withdraw from the Product, you will remain fully responsible for payment in full for the Product unless you are eligible for a Qualified Cancellation in accordance with these Terms.
The Company will accept the following cancellations (a “Qualified Cancellation”):
- With respect to any telephone or in-person coaching services (whether one-one-one or group coaching), should you decide not to continue with any coaching services prior to expiration of the applicable contract, you may cancel at any time without any further obligation for future payment. No refunds are available for such coaching services.
- For any Product not including phone or in-person coaching (“Other Product“), you (a) request a cancellation (and, if applicable, a refund) of such Other Product in writing within 30 days of the purchase date thereof to [email protected] and provide such information reasonably requested by the Coach to show that you fully attended and implemented the practices set forth in the applicable program, course or other service prior to such date; and (b) have fully attended and have fully implemented the practices required of you during such period (such information to be reviewed and determined by the Coach) and you feel the Other Product is not working for you.
Failure to complete the actions above will result in a no-cancellation or refund policy. No refunds shall be given for cancellation of coaching services.
Should you qualify for a Qualified Cancellation, to the extent you have prepaid for all or any portion of the Product being cancelled, you will receive the Qualified Refund Amount within 30 days of Company’s approval of such Qualified Cancellation. Immediately upon the occurrence of any Qualified Cancellation, you will be cut-off from being able to access any on-line Product and the private client website maintained by the Company (and any Product not yet delivered will not be sent to you).
The term “Qualified Refund Amount” means (a) with respect to the Courage, Risks, and Rewards Self-Study Coaching Program, 100% of your investment in such program, or (b) with respect to any Other Product that is prepaid in full, 100% of your investment in such Other Product less the sum of (1) the cost for any services and product already provided to you (determined at the monthly rate then charged by the Coach for such services and pro-rated for any partial month) plus (2) the actual cost of any bonus material you received as an early bird incentive.
We reserve the right to report you to all three credit reporting agencies for delinquent payments and reserve the right to seek delinquent payments from you through a collections agency.
All information obtained during your purchase of the Product and information that you give as part of such transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by us, the merchant, and our payment processing company. Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, upon purchase of the Product, you may be subject to the additional terms and conditions of a payment processing company or merchant that specifically apply to your purchase. For more information regarding a merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase of the Product.
As set forth in these Terms, the Company has a clear refund policy. Accordingly, the Company does not tolerate any chargeback threats or accept chargebacks from your credit card company. If you place a chargeback on your purchase of any Product, or you threaten us with a chargeback, we reserve the right to notify all three credit reporting agencies and any other entity of such incident for listing as a delinquent account or inclusion in any chargeback database, such notification to include your name, email address, billing address, order date of the Product and amount of the Product. Please note that any such reporting could have a negative impact on your credit report score.
In order to participate in a program, course or other service offered by the Company or the Coach, or to receive certain Content, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to the Company will be accurate, correct, and up to date. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration date, so that we can complete your transaction and bill for services being provided to you, and contact you as needed.
You agree not to impersonate someone else or provide account information or an email address other than your own. You agree that your account will not be used for any illegal or unauthorized purpose.
You hereby agree (1) not to infringe upon the Company’s copyright, patent, trademark, trade secret or other intellectual property rights, (2) that any Content and other information shared by fellow participants in any Product (the Content and such other information, collectively the “Confidential Information”) is confidential and proprietary, and belongs solely and exclusively to the Company and to disclosing participant, as applicable, (3) you agree not to disclose any Confidential Information to any other person or use it in any manner other than in discussion with other Product participants during Product sessions. Further, you agree that, if you violate, or display any likelihood of violating, any of your agreements contained in this paragraph, the Company and/ or other such program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Refusal of Services
Our programs, courses, services and other products are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Website, the Content or any program, course or service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
By posting or submitting any material on or through the Website such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
When you submit to us or post any comment, photo, image, video, name, or any other submission for use on or through the Website (the “Submissions”), 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 such contributions, 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 it part of our current or future Website and Content. This right includes granting us proprietary rights or intellectual property rights 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 Submissions. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions on our Website or in our Content at any time for any reason. The Submissions will not be confidential and will become the property of Company upon submission to Company.
You represent and warrant that any Submission you provide to Company will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Company, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality, and copyright. Company does not prescreen or monitor any Submissions as a matter of policy. Except as expressly stated and agreed upon in advance by Company, no confidential relationship shall be established in the event that any user of the Website or any programs, courses or other services should make any oral, written, or electronic communication to Company (such as feedback, questions, comments, suggestions, ideas, etc.). If the Website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Company shall obtain, use and maintain it in a manner consistent with these Terms. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Company shall be free to reproduce, publish, or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, marketing, use, or sale of products incorporating such information. The sender of any information to Company is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.
Personal Identifying Information
We respect your privacy. Your personal identifying information, such as your name, street or e-mail addresses, phone numbers, delivery locations, job title, demographic information, information relevant to customer surveys and/or offers, information you provide through Content enrollment and/or participation, or any other information which, when used by itself or with other data (collectively, the “Personal Identifying Information”), might identify you individually is only collected upon your voluntary disclosure of your Personal Identifying Information to us as part of using the Website. Submissions does not constitute Personal Identifying Information.
By providing such Personal Identifying Information to us, you grant us permission to use and store such information. Your Personal Identifying Information is stored by us internally or through a data management system. You hereby acknowledge and agree that your Personal Identifying Information may be accessed by those who help to obtain, manage, or store such data management system and information, or who have a legitimate need to know such information. We may use the Personal Identifying Information to offer you the opportunity to receive notices regarding our products or services or the products or services of our affiliates and to further personalize your experience on the Website. The Personal Identifying Information is used only for our legitimate business interests (including without limitation, to fulfill contracts for services, for billing functions, for market research, to improve our Website and Content, to send periodic promotions and special offers, and to answer customer questions) and to comply with applicable laws and regulations. Unless you request us not to, we may contact you from time to time via email in the future to tell you about specials, new products or services, or changes to these Terms or to send you a newsletter or other information regarding our products or services. Note that whenever you voluntarily make your Personal Identifying Information available for viewing by others online through the Website or through social media, it may be seen, collected and used by others, and therefore, we shall not be responsible for any unauthorized or improper use of the Personal Identifying Information that you so voluntarily share.
We will not knowingly collect or use any Personal Identifying Information from children (defined herein as minors under the age of 18) or knowingly allow children to register with us or give us any Personal Identifying Information. Any Personal Identifying Information that is inadvertently collected from children will be deleted promptly upon discovery. Please understand that we cannot necessarily tell if a user is under the age of 18.
Disclosure of Personal Identifying Information
By providing us with your Personal Identifying Information, you grant us, and our affiliates and subsidiaries, the right to use the Personal Identifying Information for our business purposes in a manner consistent with applicable state and federal laws and regulations. We aim to keep your Personal Identifying Information confidential and will not sell, rent, or disclose your Personal Identifying Information to any third party, except as described in this section. We may employ or engage other companies from time to time to perform functions on our behalf, such as maintaining the Website, hosting the Website, providing services related to the Website, collecting information, responding to and sending electronic mail, marketing functions, or other functions necessary to our business. We may need to share your Personal Identifying Information with these companies (these companies, collectively, “Vendors”). We will provide Vendors with only that information necessary to perform their functions, and we will not expressly contractually authorize them to use your personally identifiable information for any other purpose.
We may use so-called “pixel tags” – small graphic images (also knowns as “web beacons” or “single-pixel GIFS”) – to tell us what parts of the Website have been visited or to measure the effectiveness of searches visitors to the Website perform. Pixel tags also enable us to send email messages in format visitors can read, and they inform us whether emails have been opened, to help ensure that our messages are of interest to our visitors. None of this data includes Personal Identifying Information, and you can “opt-out” of receiving these types of emails from us by following the directions provided below. If any Personal Identifying Information is collected using such tools, it will be subject to these Terms.
We may send email messages which use a “click through URL” linked to content on the Website. When you click one of these URLs, you pass through our web server before arriving at the destination web page. We track this click-through data to help determine interest in particular topics and information and measure the effectiveness of our customer communications, if any. If you prefer not to be tracked simply to not click text or graphic links in the email.
Opting Out; Deleting Information
If we sent you bulletins, newsletters, updates, or other information or communications that are marketing-related communications, we will provide you with the ability to decline or “opt-out of” receiving such communications. Instructions for opting-out will be provided if and when we determine to send you such a communication. Please understand that you will not be allowed to “opt-out” of formal notices concerning operation of the Website, and legal and other related notices concerning your relationship to the Website.
Upon written request, we will remove your name and all other Personal Identifying Information from our databases. Please understand that it may be impossible to remove this information completely, due to backups and records of deletions. In addition, please understand that, if you request deletion of your information, you may be unable to utilize associated features of the Website and any association products and services. You may not remove de-identified, anonymous, or aggregate date from our databases.
We are committed to providing reasonable measures to protect your Personal Identifying Information from any unauthorized access or disclosure. Wherever we collect credit card information, that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page. However, when you transmit any Personal Identifying Information that is not credit card data through any of the pages on the Website other than pages specifically for purchase of services or products (such as your name, your email address and/or your phone number that may be collected upon sign-up for any opt-in gift, newsletter, e-book or other report or information), your Personal Identifying Information is not encrypted before being sent over the internet. There is no absolute guarantee of security or of privacy.
WHILE WE HAVE TAKEN CERTAIN SECURITY MEASURES TO GUARD AGAINST UNAUTHORIZED ACCESS OR INTERCEPTION OF THE WEBSITE AND PERSONAL IDENTIFYING INFORMATION, THERE IS NO ABSOLUTE GUARANTEE OF SECURITY OR PRIVACY. ACCORDINGLY, WE DO NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY YOU SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DO NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Links to Third Party Sites
From time to time, the Website may contain links to other sites. We are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave the Website and to read the privacy statements of any other site that collects personally identifiable information.
We have a no spam policy and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all e-mails. We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information. We will not sell, rent or share your email address.
Limitation of Liability
COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE WEBSITE OR YOUR DOWNLOADING OF THE CONTENT OR ANY OTHER CONTENT, MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE WEBSITE OR SENT TO YOU VIA EMAIL OR OTHERWISE BY THE COMPANY.
IN THE EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS, COMPANY SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTION OR UNAUTHORIZED ACCESS, OR FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL IN NATURE OR OTHERWISE (INCLUDING LOST PROFITS) SUFFERED BY YOU, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN TRANSMITTING ELECTRONIC COMMUNICATIONS TO US, YOU ARE REQUESTING WE SEND INFORMATION TO OR CONTACT YOU REGARDING OUR SERVICES AND PRODUCTS. WE WILL MAKE EVERY EFFORT TO ACCOMMODATE REASONABLE REQUESTS FOR INFORMATION PERTAINING TO OUR PRODUCTS AND SERVICES IN A TIMELY MANNER BUT MAKE NO GUARANTEES FOR THE TIMELINESS OF SUCH RESPONSES. YOU SHOULD BE AWARE THAT WE ARE NOT RESPONSIBLE FOR DELAY, NON-DELIVERY, OR NON-RECEIPT OF ANY INFORMATION EXCHANGED BETWEEN YOU AND US OR VICE-VERSA DUE TO INTERNET CONNECTIVITY PROBLEMS, MAN-MADE OR NATURAL DISASTERS, FORCE MAJEURE, COMPUTER MALFUNCTIONS, OR INCORRECT CONTACT INFORMATION (INCLUDING BUT NOT LIMITED TO E-MAIL ADDRESSES, MAILING ADDRESSES, TELEPHONE, CELLULAR, OR FAX NUMBERS) SUPPLIED BY YOU.
BY VISITING OR USING THE WEBSITE AND ANY CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR OWN RISK AND THAT IN NO EVENT SHALL COMPANY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE INCLUDING, WITHOUT LIMTIATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF COMPANY OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL COMPANY BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE.
Third Party Links and Resources
The Website and the Content may contain links to third party websites, tools and resources. You acknowledge and agree that we provide access to such resources, links and tools on an “as is” and “whereas” basis without any warranties, representations or conditions of any kind and without any endorsement. You further acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites, tools or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company and you acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Any use by you of tools and resources offered through third party websites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of these Terms on which the tools and resources are provided by the relevant third-party providers. We may also offer new services and features through the Website, which shall be subject to these Terms.
In addition to the other prohibitions as set forth in these Terms, you are prohibited from using the Website or the Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or local rules, regulations, laws or ordinances; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, any membership sites or other websites, or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website, any membership site, any related website, other websites, or the Internet. We reserve the right to terminate your use of any and all programs, courses or other services provided by the Company or any related website for violating any of the prohibited uses.
You shall defend, indemnify and hold harmless the Company and the Company’s affiliates, officers, directors, shareholders, members, employees, partners, agents, contractors, representatives, licensees, successors and assigns, from and against any and all losses, damages, settlements, liabilities, claims, causes of action, costs, charges, assessments, and expenses, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms or any breach of any obligation, warranty, covenant or representation in any other agreement with us, or any use by you of the Website, the Content and any Product provided by the Company. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Effects of Headings; Severability
The subject headings of the paragraphs and subparagraphs of these Terms are included for convenience only and shall not affect the construction or interpretation of any of its provisions. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Any such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms.
Entire Agreement; Waiver
These Terms posted by us on the Website constitute the entire agreement between you and us pertaining to the Website and the Content and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of these Terms by the Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Company.
All notices, requests, demands, and other communications shall be in writing or via email and shall be delivered to the Company at the address or email address provided on the Website.
Updates/Changes to these Terms
You can review the most current version of these Terms at any time on this page. We reserve the right, at any time and without notice, to add to, update, change or replace all or any part of these Terms by posting updates, modifications, and/or changes to the Website. It is your responsibility to check this page periodically for changes. Any such change, update, or modification will be effective immediately upon posting on the Website and your use of the Website.
These Terms are effective unless and until terminated by us. If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate or refuse your access to the Website, the Content or any Products, in full or in part at any time without notice. The restrictions imposed on you pursuant to these Terms will remain in effect after any such cancellation or termination.
Governing Law; Venue; Other Juriddictions
These Terms shall be governed by the laws of the State of Texas, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas, United States of America, in all questions and controversies arising out of your use of the Website, the Content or any programs, courses or other services of the Company.
We control and operate the Website from our offices in Dallas, Texas, United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so at their own risk and on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Your use of the Website and Content is independent of Company and not as an employee, agent, partner, or joint venture with Company for any purpose.
These Terms bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.