Please Read Carefully.
LastUpdated: February 12, 2020
ARBITRATIONNOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATIONCLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BERESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TOPARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
Scope of Use
Eligibility. The Children’s Online Privacy Protection Act (“COPPA”) requires that onlineservice providers get parental consent before they knowingly collect personallyidentifiable information online from children under the age of thirteen(13). We do not knowingly collect or solicit information from childrenunder the age of thirteen (13). You represent that you are over the ageof eighteen (18) and are the intended recipient of the Services. You maynot access and/or use the Services for any purpose if either of therepresentations in the preceding sentence is not true. We may, in oursole discretion, refuse to offer the Services to any person and/or entity andchange its eligibility criteria at any time. If we learn we havecollected personal information from a child under the age of thirteen (13), wewill delete the information, so please contact us if you think a child hasprovided us personal information.
Use of Services and Availability. The Company retains the right, in our sole andabsolute discretion, to deny service and/or access to and/or use of theServices to anyone at any time and for any reason without liability. While weuse reasonable efforts to keep the Services accessible, the Services may beunavailable from time to time. You understand and agree that there may beinterruptions to the Services and/or access to your account due tocircumstances both within our control (e.g., routine maintenance) and outsideof the Company’s control. The Services may be modified, updated, suspendedand/or discontinued at any time without notice and/or liability.
If weterminate your account, you may not subscribe under a new account unless weformally invite you. If you commit fraud and/or falsify information inconnection with your access to and/or use of the Services, your account will beterminated immediately and we reserve the right to hold you liable for any andall damages that we suffer, and we may pursue legal action through relevantlocal and national law enforcement authorities and may notify your ‘InternetService Provider’ of any fraudulent activity we associate with you and/or youraccess to and/or use of the Services.
Communications from the Company. By using the Services, you agree to receivecertain communications in connection with the Services. When you accessand/or use the Services, you are communicating with us electronically, and youconsent to receive communications from us electronically including but not limitedto notices related to the Services provided to you via email. You agreethat all agreements, notices, disclosures and/or other communications that weprovide to you electronically satisfy any legal requirement that suchcommunications be in writing. Yourconsent to receive records and notices electronically will remain in effectuntil you withdraw it. You may withdraw your consent to receive furtherrecords and notices electronically at any time by contacting us. If youwithdraw your consent to receive such records and notices electronically, wewill revoke your access to the Services. Any withdrawal of your consentto receive records and notices electronically will be effective only after wehave a reasonable period of time to process your request for withdrawal.
Your Responsibilities. Company grants you the rights set forth herein, subject to the followingconditions:
Thecommercial use, reproduction, transmission or distribution of any information,software or other material available through the Services without the priorwritten consent of Company is strictly prohibited.
ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE
Occasionallythere may be information on the Services that contain typographical errors,inaccuracies, and/or omissions that may relate to service and/or course descriptions,pricing, offers, Services and availability. We reserve the right to: (i)revoke any stated offer; (ii) correct any errors, inaccuracies, and/oromission; and/or (iii) make changes to prices, content, promotion offers,service and/or product descriptions and/or other information without obligationto issue any notice of such changes, except as prohibited by law. The Serviceswill include resources, virtual products and the fundamental businessconcepts. However, you acknowledge that while the Service will becomprehensive, completion of a course and use of the Service does not guaranteeresults. You further acknowledge and agree that the Company makes noguarantee, express or implied, regarding the Services, courses and/or anyimprovement in your business, personal life, skills and/or income.
PROPRIETARY RIGHTS AND LICENSES
Reservation of Rights. The content, headers, videos, illustrations, photographs,graphics, icons, trade dress and/or other information on the Service(“Content”), as well as the organization and/or layout of the Service, arecopyrighted and are protected by United States and international copyright lawsand treaty provisions. The Company owns, controls, lawfully uses and/orlicenses the Content on the Service. The Company’s name and logo may notbe copied, imitated and/or used, without the Company’s prior writtenpermission. Subject to the limited rights expressly granted hereunder,the Company and/or its third party providers reserve all right, title andinterest in and to the Services and Content, including all related worldwideintellectual property rights. You are acquiring no other right to useartwork, designs, trade secrets, trade names, copyrighted materials,trademarks, or service marks of the Company or its affiliates or agents. No rights are granted to you hereunder other than as expressly set forthherein.
Copyright© 2020, the Company. All rights reserved.
Feedback. If you provide us (in a direct mail, email and/or otherwise) with any feedback,suggestions, improvements, enhancements, recommendations and/or featurerequests relating to the Services (“Feedback”), then you further grant theCompany a worldwide, perpetual, irrevocable, royalty-free license to use andincorporate any such Feedback. The Company has no obligations to reviewany Feedback and may use and redistribute Feedback for any purpose withoutrestriction in its sole and absolute discretion.
RESTRICTIONS ON USE OF MATERIALS
Materials. The Company may provide materials to you including but not limited to: all information related to the Company to which you have access, whether inoral, written, graphic or machine-readable form, in the course of or inconnection with your use of the Services, including but not limited to notes,recordings, courses, chats, analyses, phone-calls, studies, videos, books,tests, and other aids, procedures, techniques, operating methods, know-how,processes, formulas, source and object codes, data, improvements, plans, and/ormarketing information and any other information which could reasonably beexpected to benefit competitors of the Company (collectively,“Materials”). You understand that the Materials that you receive areconfidential and proprietary to the Company, and shall not be sold, loaned,rented, given away, distributed, advertised for sale on the ‘Internet’ and/orthrough any other medium, and/or exploited in any manner. Upon purchaseof a course, event or subscription, as applicable, the Materials provided toyou are for your sole use and are not to be shared with others.
Prohibited Conduct. You may download, store, display on your computer, view,listen to, play and print Materials that the Company publishes or broadcasts onthe Service or makes available for download through the Service subject to thefollowing: (a) the Materials may be used solely for your personal,informational, noncommercial purposes; (b) the Materials may not be copied,modified or altered in any way; (c) the Materials may not be publiclydisplayed; and (d) the Materials may not be redistributed. You furtheragree that you will not copy or cause to be copied and/or reproduce in anymanner, electronic and/or otherwise, any of the Materials, any notes based onthe Materials and/or any notes based on the courses or programs you take orotherwise participate in. The commercial use, reproduction, transmissionor distribution of any Materials available through the Service without theprior written consent of the Company is strictly prohibited. You agreethat you will not tape-record, video-record, transmit, photograph, and/orotherwise reproduce the Materials and/or any and all courses that you getaccess to through the Service.
Breachof this Section may result in irreparable and continuing damage to the Companyfor which monetary damages may not be sufficient, and you agree that theCompany will be entitled to seek, in addition to its other rights and remedieshereunder or at law, injunctive or all other equitable relief as may be properfrom a court of competent jurisdiction.
NO UNLAWFUL OR PROHIBITED USE
The Company reserves the right, but generally does not,and has no obligation in any way, to monitor the Services or screen contentthat is shared on or through the Services. The Company, however, reserves theright to review the Services and content and to monitor all use of and activityon the Service, and to remove or choose not to make available on or through theService any content in its sole and absolute discretion. The Company may removecontent that is confidential or proprietary to a third party without that thirdparty’s permission. The Company reserves the right to take any action itdeems necessary to protect the personal safety of our guests and/or thepublic. The Company has no liability orresponsibility to users of the Services and/or any other person and/or entityfor performance and/or nonperformance of the aforementioned activities.
Membership Fees. In consideration of the provision of the membership subscription describedthrough the Service, you agree to pay the Company the fees (including withoutlimitation membership/subscription fees for the membership option that youselect during your sign up process) in accordance with the terms and conditionscontained herein. Based on your initial enrollment, you will beautomatically charged the membership subscription fee for the Services based onthe recurrence selected at the time of payment. Such fees arenon-refundable, notwithstanding your cancellation of the membership in theService. Notwithstanding anything herein to the contrary, membership feesand charges are subject to change by the Company at any time upon fifteen (30)days prior notice to you.
Youacknowledge and agree that by accessing or using the Services, you may beexposed to materials (including shared group content) from others that you mayconsider offensive, indecent or otherwise. Furthermore, you understandand agree that some events may carry inherent risk, and by participating insuch events, you choose to assume those risks voluntarily. For example,some events may carry risk of illness, bodily injury, disability or death, andyou freely and willfully assume those risks by choosing to participate in thoseevents.
Youhereby agree to release Company from all damages (whether direct, indirect,incidental, consequential or otherwise), losses, liabilities, costs andexpenses of every kind and nature, known and unknown, arising out of a disputebetween you and a third party (including other users or participants) inconnection with the Services or any event listed on the Services. Inaddition, you waive any applicable law or statute, which says insubstance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THERELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OFEXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HISSETTLEMENT WITH THE RELEASED PARTY.”
THIRD PARTY WEBSITES, CONTENT, PRODUCTS AND SERVICES
TheServices may be made available and/or accessed in connection with third partyservices and content that Company does not control. This website containslinks to websites and access to content, products and services of thirdparties, including users, advertisers, affiliates and sponsors of the website.The Company may post advertisements of third parties through the Services,including without limitation promotions of advertisers, location based-ads,and/or sponsors showing their goods and services. Your correspondence,participation in, and/or any other dealings with third parties found throughthe Services are solely between you and such third party. The Company isnot responsible for third party content provided on or through the Services orfor any changes or updates to such third party websites, and you bear all risksassociated with the access to, and use of, such websites and third partycontent, products and services.
You may not link to the Services without our writtenpermission. If you are interested in linking to the Services, pleasecontact email@example.com.
YOUEXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW:
ANYCONTENT OR MATERIALS ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGHTHE USE OF THE WEBSITE IS USED AT YOUR OWN DISCRETION AND RISK. THE COMPANY HASNO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THATRESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
LIMITATION OF LIABILITY
YOURUSE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALLCOMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/ORSUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR DAMAGES WHATSOEVER,INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA OR DATA USE,INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT,WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER INCONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANYOTHER LEGAL OR EQUITABLE THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBIITYOF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANYNEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY THE COMPANY, ITS EMPLOYEES,REPRESENTATIVES AND/OR AGENTS.
BECAUSESOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FORCONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, COMPANY’S LIABILITY ISLIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE COMPANY’S MAXIMUMAGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS PARTNERS AND LICENSORS,TO YOU IN ANY CIRCUMSTANCE ARISING OUT OF AND/OR RELATING TO THE SERVICES ISLIMITED TO ONE HUNDRED DOLLARS (US$100.00).
USE OUTSIDE DEFINED AREA
NO PROFESSIONAL ADVICE
Theinformation available on the Services is intended to be a general informationresource regarding the matters covered, and is not tailored to your specificcircumstance. The Services are not a substitute for professional advice, andyou should not construe this as legal, tax, accounting, financial, medicaland/or other professional advice. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONSAND ADVICE AVAILABLE ON THE SERVICES IN CONSULTATION WITH YOUR INSURANCESPECIALIST, AND/OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, ASAPPROPRIATE. The Company does not, will not and cannot refer, recommend and/orendorse any specific professional service, product and/or procedures that areadvertised on the Services.
DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
TheCompany respects the intellectual property rights of others and expects you todo the same. We reserve the right to: (i) terminate your account or anyother user who infringes third-party copyrights, (ii) block access to and/orremove material that we believe in good faith to be copyrighted material thathas been illegally distributed by you and/or other third parties, and/or (iii)remove and discontinue service to repeat offenders. We will respond toclear notices of copyright infringement when you provide the following:
(i) A physical or electronic signature of a person authorized toact on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material that is claimed to be infringing or to be thesubject of infringing activity and that is to be removed or access to which isto be disabled;
(iv) Information sufficient to permit Company to contact you, such as your physicaladdress, telephone number, and, if available, an electronic mail address;
(v) A statement that the complaining party has a good faith belief that use of thematerial in the manner complained of is not authorized by the copyright owner,its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and underpenalty of perjury, that you are authorized to act on behalf of the owner of anexclusive right that is allegedly infringed.
Contactinformation for Company’s DMCA Agent for notice of claims of copyrightinfringement is Statewideinfo Attn: Copyright Agent, 549, PublicOffice Road, Kadambadi, Nagapattinam – 611001, India
TheCopyright Agent will not remove content from the Services in response to phoneor email notifications regarding allegedly infringing content, since a validDMCA notice must be signed, under penalty of perjury, by the copyright owner orby a person authorized to act on his or her behalf. Please submit suchnotifications by ordinary mail only and as further described by this Section.The Copyright Agent should be contacted only if you believe that your work hasbeen used or copied in a way that constitutes copyright infringement and thatsuch infringement is occurring on the Services linked to and/or from theServices. All other inquiries directed to the Copyright Agent will not beresponded to.
Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting Companywithin thirty (30) days from the date that you first became subject to thisarbitration provision (i.e.: the date you initially accepted this Terms ofUse). You must write us at Statewideinfo , 549,Public OfficeRoad,Kadambadi,Nagapattinam – 611001,India. If you opt out, neither younor Company can require the other to participate in an arbitration proceeding.
Exceptions to Agreement to Arbitrate. Either you and/or Company may assert claims,if it qualifies, in High Court,Chennai,India. Either party may also bring alawsuit for injunctive relief to stop unauthorized use and/or abuse of theServices, breach of Company’s confidential information, Content and/or use ofMaterials and/or intellectual property infringement (for example, trademark,trade secret, copyright and/or patent rights) without first engaging inarbitration and/or the informal dispute-resolution process described herein.
Judicial forum for disputes. In the event that the agreement to arbitrate isfound not to apply to you and/or your claim, you and Company agree that anyjudicial proceeding (other than small claims actions) will be brought in the HighCourt,Chennai,India. Both you and Company consent to the foregoing venueand jurisdiction.
WAIVER AND SEVERABILITY
Allmatters relating to your access to, and use of, the website, Materials andContent provided on or through or uploaded to the Services is governed by U.S.federal law or the laws of the State of Illinois. Any legal action, arbitrationor proceeding relating to your access to, or use of, the website, Materials orContent will be instituted in High Court, Chennai, India. You and the Companyagree to submit to the jurisdiction of, and agree that venue is proper in,these courts in any such legal action or proceeding.
Contact us: Ifyou would like to request additional information regarding this Terms ofService, please contact us at firstname.lastname@example.org