TERMS OF USE
Terms of Use
Please read these Terms of Use carefully before purchasing,
accessing, or using any of our Programs, Products, and Services.
Our Programs, Products, and Services are owned and operated
by 369 Construction Universe Group (“Company”, “we”, or “us”). The term “you”
refers to any purchaser and/or user of any of our Programs, Products, and/or
Services.
These Terms of Use (“Terms of Use”) state how you may use
our Programs, Products, Services, and Program Materials, and their content.
Please read these Terms of Use carefully. We reserve the right to change these
Terms of Use from time to time.
By using any of our Programs, Products, and Services, you
agree to the Terms of Use as they appear and are legally bound by them, whether
or not you have read them. If at any time you do not agree with these Terms of
Use, please do not use our Programs, Products, and Services.
These Terms of Use require the use of arbitration on an
individual basis to resolve disputes, rather than jury trials, and limit the
remedies available to you in the event of a dispute. You fully understand and
agree that by enrolling in, purchasing, and/or using any of our Programs,
Products, Services, and Program Materials that you are waiving certain legal
rights and you are voluntarily agreeing to do so.
NOTE:
If you have purchased one of our products via a
payment plan of any kind, you are required to make all payments until you are
paid in full. To protect ourselves and our affiliates, we do send payment
defaults to a collections agency, and this can have a negative impact on your
credit score.
Use and Consent
By purchasing or using any of our Programs, Products, or
Services, you agree to abide by these Terms of Use as well as our Refund Policy
and Privacy Policy, and any other terms and conditions that may apply, and you
are required to act in accordance with them. Accessing, purchasing, or using
our Programs, Products, Services, or Program Materials, in any manner
constitutes use of the Program, Products, Services, and Program Materials, and
your agreement to be bound by these Terms of Use. A refund can be processed
within 14 days of purchase and with less than 25% completion of said purchased
program material. Note: The refund will be minus the fees that our merchant
account charges us for processing your payment. Those fees are not returned to
us when a refund is made.
All of our Programs, Products, Services, and Program
Materials are intended solely for users who are eighteen (18) years of age or
older.
Any registration by, use of, or access to any Program,
Product, Service, or Program Materials by anyone under age 18 is unauthorized,
unlicensed, and in violation of these Terms of Use. By accessing or using our
Programs, Products, or Services or our Program Materials, you represent and
warrant that you are at least 18 years old.
Intellectual Property Rights Our Limited License to You
Our Programs, Products, and Services and all the Program
Materials are our property and/or our affiliates or licensors, and are
protected by copyright, trademark, and other intellectual property laws.
The content in our Programs, Products, and Services is
solely owned by or licensed to us, unless otherwise indicated. This content
includes, but is not limited to, the design, layout, look, appearance, and
graphics of our Program Materials or any other material or aspects of materials
provided by us to you. Reproduction is prohibited other than in accordance with
the copyright notice, which forms part of these Terms of Use.
If you purchase or access any of our Program Materials
through our Programs, Products, or Services, you will be considered our
Licensee. For the avoidance of doubt, all content obtained through us is our
property, and you are granted a revocable, non-transferable license for
personal, non-commercial use only, limited to you only. This means that you may
not use our Programs, Products, or Services or the Program Materials in a
manner that constitutes an infringement of our rights or in a manner that has not
been authorized by us.
You are being granted a limited license to use our Program,
Products, Services, and Program Materials with permission and restrictions.
This means that when you purchase a Program, Product, or Service from our
Website or otherwise, you are purchasing the limited right to use the Program
Materials in the form that is provided by us to you with certain conditions as
specified in these Terms of Use.
You are permitted to use our Programs, Products, Services,
and Program Materials as follows:
Any trademarks, taglines, and logos displayed on Program
Materials are trademarks belonging 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, metatags 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.
Any marketing or promotional tools and/or Program, Product,
or Service titles or any other title or information of ours bearing the
trademark symbols (™) or ® may not be used by you for any reason without our
express written permission.
All rights not expressly granted in these terms or any
express written license are reserved by us.
Information You Are Prohibited from Sharing with Others
As a Licensee, you understand and acknowledge that our
Programs, Products, Services, and Program Materials 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.
When you enroll in or purchase our Programs, Products, or
Services, you agree that you are clearly and expressly prohibited from doing
the following:
You understand and agree that engaging in the prohibited use
or the improper and/or unauthorized use of our Programs, Products, Services, or
Program Materials as set forth in these Terms of Use is considered theft and
stealing, and we retain the right to prosecute theft to the full extent of the
law.
You agree and understand that prohibited use, improper
and/or unauthorized use 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 Content
so long as the link does not state or imply any sponsorship, endorsement by, or
ownership by 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 our Content without our written permission.
Your License to Us
By posting or submitting any material on or through our
Programs, Products, Services, or Program Materials, 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, or any other submission for use on or through our Website, 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
Programs, Products, Services, and/or Program Materials. This right includes
granting us use or exploitation of proprietary rights or intellectual property
rights like copyright, trademark, service mark, trade secrets, patent rights,
or any other of your 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 comments, posts, photos, images,
videos, or other contributions by name, email address, or screen name. You
acknowledge that we have the right but not the obligation to use and display
any contributions from you of any kind and that we may elect to cease the use
and display of any such contributions on our Programs, Products, Services,
and/or Program Materials at any time for any reason whatsoever.
Media Release
By participating in our Programs, Products, and Services,
and using our Program Materials, 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 Program, Product, or Services in our current or future Programs,
Products, or Services, and/or our marketing or promotional efforts, without
compensation to you at any time, now or at any time in the future.
Request for Permission to Use Content
Any request for written permission to use our Programs,
Products, Services, or Program Materials, in whole or in part, or any other
intellectual property or property belonging to us (“Content”), should be made
BEFORE
you wish to use it by completing the “Contact Us” form on this Website, or by
sending an email to
.
We very clearly state that you may not use our Programs,
Products, Services, or Program Materials, in whole or in part, in any way that
is contrary to these Terms of Use 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.
If you choose to use the content in ways that we do not
specifically give you written permission, you agree now that you will be
treated as if you had copied, duplicated, and/or stolen such Content from us,
and you consent to immediately stop using such Content and to take whatever
actions as we may request and by the methods and in the time frame that we
prescribe to protect our intellectual property and ownership rights in our
Programs, Products, Services, or Program Materials.
Security
When you apply for, enroll in, purchase, or use our
Programs, Products, or Services, or Program Materials, we may seek and collect
personal data and information including but not limited to your name, e-mail
address, phone number, billing information, credit card or payment information,
demographic information, preferences, interests, or other
personally-identifying information (“Confidential Information”).
By providing such Confidential Information to us, you grant
us permission to use and store such Confidential Information. We, in turn, will
use our best efforts to keep your Confidential Information safe, secure, and
confidential. We take precautions to protect such Confidential Information.
When you submit Confidential Information via our Program, Product, Service, or
Program Materials, we take measures to protect the security of your
Confidential Information both online and offline.
However, due to the nature of the Internet, we cannot
completely ensure or warrant the security of your Confidential Information or
of any other data or information transmitted to us or through our services;
therefore submitting Confidential Information, data, or other information is
done at your own risk.
We have security measures in place to prevent the loss,
misuse, and alteration of the information that is obtained from you, but we
make no assurances about our ability to prevent any such loss, misuse, to you
or to any third party arising out of any such loss, misuse, or alteration.
Personal Responsibility and Assumption of Risk
As a Licensee, you agree that you are using your own
judgment in using our Programs, Products, Services, and Program Materials, and
you agree that you are doing so at your own risk. Our Programs, Products,
Services, and Program Materials 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 Programs, Products, Services, and Program
Materials. Our Programs, Products, Services, and Program Materials 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 Programs, Products, Services, and
Program Materials.
We take every precaution to protect our Programs, Products,
Services, and Program Materials. However, due to the nature of the Internet, we
cannot completely ensure or warrant the security of the Programs, Products,
Services, and Program Materials or the contributions or information transmitted
to us on or through our Website or our Programs, Products, Services, and
Program Materials. Submitting contributions or information on or through our
Programs, Products, Services, and Program Materials 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 the use
of our Programs, Products, Services, and Program Materials, and you agree that
you are assuming such risks.
Disclaimer
Our Programs, Products, Services, and Program Materials 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 Programs, Products, Services, and Program Materials, 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 other Program,
Product, Service, or Program Materials participant or user, including you.
Medical Disclaimer:
Our Programs, Products, Services,
and Program Materials are not to be perceived as or relied upon in any way as
medical advice or mental health advice. The information provided through our
Programs, Products, Services, and Program Materials 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
healthcare professional. Do not disregard professional medical advice or delay
seeking professional advice because of the information you have read in our
Programs, Products, Services, and Program Materials, 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 Programs,
Products, Services, and Program Materials are not to be perceived or relied
upon in any way as business, financial or legal advice. The information
provided through our Programs, Products, Services, and Program Materials 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
Programs, Products, Services, and Program Materials. 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 this Program, Product, Services, or Program
Materials. We cannot and do not guarantee that you will attain a particular
result, positive or negative, financial or otherwise, through the use of our
Programs, Products, Services, and Program Materials, 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
nonuse of the information provided or obtained through any of our Programs,
Products, Services, or Program Materials. 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 PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT
PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS 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 PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL,
UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT 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 PROGRAM, PRODUCT, OR
SERVICES MATERIALS OR ON 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 Programs, Products, Services, and Program
Materials is uninterrupted and error-free, including our content and
communications through methods like our Website, member forum, private Facebook
groups, email 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 not be liable to
you for damages or refunds, or for any other recourse, should our Programs,
Products, Services, or Program Materials become unavailable or access to 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 Programs, Products, Services, or Program Materials 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 Programs, Products, Services, and Program
Materials. Every effort has been made to present you with the most accurate, up-to-date
information, but because the nature of scientific research is constantly
evolving, 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 Programs,
Products, Services, or Program Materials. These links are provided for your
convenience and the inclusion of any link in our Programs, Products, Services,
or Program Materials 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 its Content, or their
accuracy or reliability. We assume no responsibility for errors or omissions
caused by other websites that may be included in our Programs, Products,
Services, or Program Materials. 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 therefore
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 our Company, as well as any 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 Programs, Products, Services, or Program Materials, 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 Programs, Products, Services, or
Program Materials. 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 are engaged in rendering our Programs, Products, Services, or
Program Materials, or in any way or in any location. In the event that you use
our Programs, Products, Services, or Program Materials or any other information
provided by us or affiliated with us, we assume no responsibility.
Release of Claims:
In no event will we be liable to
any party for any type of direct, indirect, special, incidental, equitable, or
consequential damages for any use of or reliance on our Programs, Products,
Services, or Program Materials, or on those affiliated with us in any way, and
you hereby release us from any and all claims; including, without limitation,
those related to lost profits, personal or business interruptions, personal
injuries, accidents, misapplication of information, or any other loss, physical
or mental disease, condition or issue, or otherwise, even if we are expressly
advised of the possibility of such damages or difficulties.
Your Conduct
You agree that you will not use our Programs, Products,
Services, or Program Materials in any way that causes or is likely to cause the
Programs, Products, Services, or Program Materials, or access to them 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 its Content and to us.
You must use the Programs, Products, Services, or Program
Materials for lawful purposes only. You agree that you will not use our
Programs, Products, Services, or Program Materials in any of the following
ways:
Communication Guidelines
If you have a question or concern about your Programs,
Products, Services, or Program Materials, you may contact us at
and we will do our best to reply to your question or concern promptly.
Purchases and Online Commerce
If paying by debit card or credit card, you give us
permission to automatically charge your credit or debit card as payment for
your Program, Product, or Service without any additional authorization, for
which you will receive an electronic receipt.
In the event that payment is not received by the date due,
you will have a three (3) day grace period to make the payment; otherwise, the
Program, Product, or Services will not continue and we reserve the right to
cease your access immediately and permanently.
If you fail to make payment in a timely manner in accordance
with these Terms of Use or voluntarily decide to withdraw from our Programs,
Products, or Services at any time or for any reason whatsoever, you still will
remain fully responsible for the full cost of the Programs, Products, and/or
Services.
All information obtained during your purchase or transaction
for our Programs, Products, and Services and all of the information that you
give as part of the transaction, such as your name, address, method of payment,
credit card number, and billing information, may be collected by both us and
our payment processing company.
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 Programs,
Products, Services, and Program Materials for legitimate, non-commercial
purposes only and not for speculative, false, fraudulent, or illegal purposes.
Since we have a clear and explicit Refund Policy in these
Terms of Use that you have agreed to prior to completing the purchase of any of
our Programs, Products, or Services, we do not tolerate or accept any type of
chargeback threat or actual chargeback from your credit card company. In the
event that 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 Programs,
Products, or Services (“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 Programs, Products, or Services, 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.
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, when you make certain
purchases through our Programs, Products, or Services, you may be subject to
the additional terms and conditions of a payment processing company, Merchant,
or us 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 through or use of our
Website or its Content.
NOTE:
If you have purchased one of our products via a
payment plan of any kind, you are required to make all payments until you are
paid in full. To protect ourselves and our affiliates, we do send payment
defaults to a collections agency, and this can have a negative impact on your
credit score.
Termination
You have the right to terminate your use of or participation
in our Programs, Products, or Services at any time by reaching out to us
at
.
We reserve the right, in our sole discretion, to refuse or
terminate your access to our Programs, Products, Services, or Program
Materials, in full or in part, at any time, without notice, by sending you an
email to the e-mail address you provided upon purchase of the Program, Product,
or Service.
In the event of 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 Programs,
Products, Services, and/or our Program Materials, including but not limited to
our Website, private forum, e-mail communications, Facebook groups, live
webinars or conference calls, or any other method of communications related to
our Programs, Products, Services, or Program Materials at any time without
notice and in our sole discretion.
All of the terms of this Terms of Use, including but not
limited to all copyright, trademark, and intellectual property rights,
disclaimers, limitations of liability, release of claims, and our Refund Policy
will still apply now and in the future, even after termination by you or us.
Dispute Resolution
It is hoped that should we ever have any differences, we
could be able to work them out amicably through e-mail correspondence. However,
should we be unable to seek resolution within a reasonable time, you agree now
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 contact us at
and include all of your reasons for
dissatisfaction with your Program, Product, or Service. You understand and
agree now that the only remedy that can be awarded to you through arbitration
is a full refund of your payment 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 now that the decision of the arbitrator is final and
binding and may be entered as a judgment into any court having the appropriate
jurisdiction.
By purchasing our Programs, Products, or Services, you are
agreeing to a modification of the statute of limitations such that any
arbitration must begin within one (1) year of the date of your e-mail to me
referenced above, or 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 Hartford, CT, and the prevailing party shall be entitled to all
reasonable attorneys’ fees and all costs necessary to enforce 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, our Company, or any of our Programs, Products,
or Services. 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.
If any terms of these Terms of Use are construed to be
invalid or unenforceable for any reason, it shall not affect the validity or
enforceability of any other term, which shall be given full force and effect.
Confidentiality and Privacy Confidential Information:
To use our Programs,
Products, Services, or Program Materials, we may seek personal data or
information including your name, e-mail address, phone number, street address,
billing information, birthday, preferences, interests, assignments, or other
personally-identifying information (“Confidential Information”), or you may
offer or provide a comment, photo, image, video, or any other submission to us
when using or participating in our Programs, Products, Services, or Program
Materials (“Other Information”). By providing such Confidential Information or
Other Information to us, you grant us permission to use and store such
information. We, in turn, will use our best efforts to keep your Confidential
Information safe, secure, and confidential in accordance with these Terms of
Use and our full Privacy Policy, which may be found on our Website. If you
believe that any of your Confidential Information is incorrect or incomplete,
please contact us as soon as possible. We will promptly correct any
Confidential Information found to be incorrect.
What We Do With Confidential Information:
We request
and require various personal data and/or Confidential Information to understand
your needs and provide you with better services. In addition, we may use such
data and Confidential Information for the following reasons: (1) for internal
record keeping, (2) to improve our Programs, Products, Services, or Program
Materials, (3) to periodically send promotions about new Programs, Products, or
Services or other special offers from which you may unsubscribe at any time,
(4) for aggregate, non-identifiable data for research purposes, (5) to
customize the respective Programs, Products, or Services you purchase or use
according to your interests, and/or (6) for support or communication related to
your Program, Product, Service, or Program Materials.
Storage:
All data and Confidential Information is
stored through a data management system. This data and Confidential Information
can only be accessed by those who help manage that information in order to
deliver e-mail or otherwise contact those who would like to receive our
correspondence. You agree and acknowledge that we, including but not limited to
our team, staff, and affiliates, and those who manage the data management
system, may have access to your Confidential Information.
Confidentiality and Disclosure:
All Confidential
Information will be held in confidentiality and will not be disclosed to third
parties, except that we may disclose Confidential Information and personally
identifiable information: (1) pursuant to the terms of these Terms of Use and
Privacy Policy and our Disclaimer, (2) if we are required to do so by law, (3)
in the good-faith belief that such action is necessary to conform to the law,
(4) to comply with any legal process served on either us or our partners,
sponsors, investors, or affiliates, (5) to protect and defend our rights or
property or those of our users or purchasers, and/or (6) to act as immediately
necessary in order to protect the personal safety of our users, purchasers, or
the public. We will not sell, distribute, or lease your Confidential
Information to third parties unless we have your permission or are required by
law to do so.
Viewing by Others:
Note that whenever you make your
Confidential Information or Other Information available for viewing by others,
such as through our Programs, Products, Services, or Program Materials, our
Website or social media, the Confidential Information or Other Information that
you share also can be seen, collected, and used by others, and therefore, we
cannot be responsible for any unauthorized use by others of such Confidential
Information or Other Information that you voluntarily share online or in any
other manner.
How We Use Cookies:
We may use the standard “cookies”
feature of major web browsers. We do not set any Confidential Information in
cookies, nor do we employ any data-capture mechanisms on our Website other than
cookies. You may choose to disable cookies through your own web browser’s
settings. However, disabling this function may diminish your experience on the
Website and some features of our Programs, Products, Services, or Program
Materials may not work as intended. We have no access to or control over any
information collected by other individuals, companies, or entities whose
website or materials may be linked to our Programs, Products, Services, or
Program Materials.
Passwords:
To use certain features of our Programs,
Products, Services, or Program Materials, you may be issued a group username
and password or a unique individual username and password, which you will
receive through your registration and/or purchase process. You may be able to
change to a username and/or password of your choosing. You are responsible for
maintaining the confidentiality of the password and account and are responsible
for all activities (whether by you or by others) that occur under your password
or account. You are not permitted to share your username and/or password with
anyone. If we learn you have shared your username and/or password with another
person, we reserve the right to immediately terminate your access to the
Program, Product, Service, Program Materials, Website, private forum, Facebook
group, or any other related communication. It is your responsibility to protect
your own password from disclosure to others. We cannot and will not be liable
for any loss or damage arising from your failure to protect your password or
account information. You are responsible for activities that take place using
your password(s) and within your account. If you share your password(s) with
anyone, they may be able to obtain access to your personal information at your
own risk. You agree to notify us immediately of any unauthorized use of your
password or account or any other breach of security, and to ensure that you
exit from your account at the end of each session. By using our Programs,
Products, and Services, you agree to enter true and accurate information as
part of the registration, purchase process, and otherwise. If you enter a false
email address, we have the right to immediately inactivate your account. We
will use our best efforts to keep your password(s) private and will not
otherwise share your password(s) without your consent, except as necessary when
the law requires it or in the good faith belief that such action is necessary,
particularly when disclosure is necessary to identify, contact or bring legal
action against someone who may be causing injury to others or interfering with
our rights or property.
If you have any questions about any term of these Terms of
Use, please contact us at
.