5. The Company reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that the Company will not be liable to you or to any third-party for any modification, suspension or discontinuance of the Site (or any part thereof). We have no obligation to retain any of your account or submitted Content for any period of time beyond what may be required by applicable law. We reserve the right to modify the Contents of the Site at any time, and to correct any errors, inaccuracies, or omissions, change or update information or cancel orders if any information in the Site is inaccurate at any time without prior notice (including after you have submitted your order) but we undertake no obligation to update, amend, or clarify any information on the Site, or related third-party web Sites or apps. You agree that it is your responsibility to monitor changes to the Site. No specified update or refresh date applied in the Site should be taken to indicate that all information in the Site has been modified or updated. You are responsible to notify us if there are any bugs in the system or inaccurate data. The Company takes no responsibly and assumes no liability for any user Content uploaded, posted, stored, displayed, published, transmitted or made available by you or any third-party, or for any loss or damage thereto, nor is the Company liable for any mistakes, omissions, or errors therein. The Company reserves the right to restrict or remove any user Content stored on the Site at any time and for any reason without notice.
6. When you sign up or register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email and text message.
9. Subscriptions: Subscription plans are recurring and will automatically renew until canceled. When you enroll in a subscription, you authorize the Company to auto renew your subscription and to charge your payment method based on the then current subscription rate. By purchasing a subscription plan (whether annually or other), you agree to an initial and recurring subscription fee at the then-current subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. The first payment will be processed immediately after checkout or after a trial period has ended. You may cancel a recurring subscription at any time by logging into your account and following the instructions on the account page, however we will not refund any subscription fees already paid to us nor will we provide credits for partially used periods. By canceling your subscription, you may also forfeit access to special offers, services, or discounts that are designated for current subscription members. You agree to keep your account information and payment method up to date (for example, keeping your billing address up to date or your credit card expiration date up to date) so that we can complete your transactions. You represent and warrant to the Company that your account information and payment method is true and that you are authorized to use the payment method. Your payment method must be kept current, valid, and be an acceptable method of payment. You can edit your payment method and account information by logging into the site and visiting your account information settings. We are not liable for missing or incorrect information that result in the loss of payment transactions. It is important that each subscriber honor the payment obligations to which the subscriber agreed, and you will remain responsible for any uncollected amounts. Accordingly, we reserve the right to retry charging your payment method after failed attempts. In the event that the Company is unable to charge your payment method as authorized by you when you enrolled in a recurring subscription, the Company may suspend your access to the Company Services until the payment method is successfully charged. We also reserve the right to pursue any amounts you fail to pay in connection with your subscription. The Company may offer from time to time different products, services, courses, content offerings and features (collectively known as “Add-ons”) that are not included in your subscription plan. There may be an additional cost for Add-ons and Add-ons may have different benefits, conditions, limitations, and additional fees that are not included in your previously purchased subscription plan. The Company reserves the right to offer new subscription plans or change the terms of subscription plans, including price, or adjust the price for products and Company Services or any components thereof in any manner and at any time as determine by the Company in its sole and absolute discretion. Your continued use of the Company Services after the change become effective constitutes your agreement to pay the changed amount or accept the new plan. If you do not agree with the price changes, you have the right to reject the change by cancelling your recurring subscription before the price change goes into effect. Price changes for recurring subscriptions will take effect at the start of the next subscription period following the date of the price change. You must cancel your recurring subscription before it renews in order to avoid your payment method from being charged. At any time, and for any reason, the Company may provide a refund, discount, or other consideration to some or all of its users ("Credits"). The amount and form of such Credits, and the decision to provide them, are at the sole and absolute discretion of the Company. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
10. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
11. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third-party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
13. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY, AND THE COMPANY HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS WITH REGARDS TO THE SITE AND ANY THIRD-PARTY CONTENT AND ANY CONTENT MADE AVAILABLE TO YOU THROUGH, WITHIN, OR IN CONJUNCTION WITH YOUR USE OF THE SITE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT GUARANTEE THAT (A) THE SITE WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT THE COMPANY WILL CORRECT ALL SITE ERRORS, OR (B) THE SITE WILL MEET YOUR REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. THE COMPANY IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION OR SECURITY OF THE SITE. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER. THE COMPANY IS NOT RESPONSIBLE FOR THE PAYMENT PROCESSOR SERVICE OR ANY OBLIGATIONS OR SERVICES PROVIDED BY INSTRUCTORS OR USERS. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER.
15. The Company makes no representations and does not provide warranties for or about the quality, safety, morality or legality of any course, module, product, profile, bio, description, Instructor, customer, user or the truth or accuracy of Content posted in courses, modules, bios, descriptions, pages or other areas of the Site. The Company does not oversee the performance of instructors or represent that products or services promised by instructors will be delivered or customer orders satisfied. Instructors are legally bound to perform on any promise and/or commitment to purchasing customers and to any promise and/or agreements made between one another. The Company does not pre-screen users, user Content, instructor Content, or third-party Content and you are solely responsible for any damage or loss to any party resulting from your actions or communications through the Site. By using the Site, you acknowledge and agree that all Content you access and actions you take through the Site is at your own risk. The Company is not liable for any damages or losses related to your use of the Site. When you use the Site, you release the Company from claims, damages, and demands of every kind arising out of or in any way related to the Site. The Company does not and is under no obligation to become involved in disputes between users, instructors and or any third-party. You agree that you are solely responsible for your interactions with any other user, instructor or third-party in connection with the Site and the Company will have no liability or responsibility with respect thereto. The Company reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user, instructor or third-party of the Site.
16. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
17. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third-party, (iii) any materials, information, works and/or other Content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
19. This agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
20. The Company may (i) compile statistical and other information related to the performance, operation and use of the Site, and (ii) use data from the Site environment in aggregated form for security and operations management, to create statistical analyses, and for research and development purposes (clauses i and ii are collectively referred to as “Service Analyses”). The Company may make Service Analyses publicly available; however, Service Analyses will not incorporate your Content and will be provided in an aggregated and anonymized form. The Company retains all intellectual property rights in Service Analyses.
22. Export laws and regulations of the United States and any other relevant local export laws and regulations apply to the Site. You agree that such export laws govern your use of the Site (including technical data) and any Company and Site deliverables provided under this Agreement, and you agree to comply with all such export laws and regulations. You agree that no data, information, software programs, product, Content and/or materials resulting from the Site (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology. You agree to comply with all applicable laws and regulations for each purchase and delivery of product.
24. The Company shall not be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; pandemic; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. We will use reasonable efforts to mitigate the effect of a force majeure event. This Section does not excuse the Company’s obligation to take reasonable steps to follow its normal disaster recovery procedures or Your obligation to pay for the Company Services and Site access.
Last Updated: December 16, 2019