PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES.
1. Privacy; Disclosure
2. Online Courses
The Site may offer you access to certain online courses operated by the Company (the “Courses”). If you elect to participate in any Course, this Agreement governs such participation. Submission of registration for the Course along with full payment of the Course fees constitutes acknowledgement and acceptance of this Agreement. We will make all reasonable efforts to deliver the Course as outlined on the Site. However we reserve the right to make reasonable amendments to the content and syllabus of a Course when we believe necessary. We reserve the right to cancel Courses due to unforeseeable circumstances or insufficient enrollment. In this instance, all fees paid for the Course will be refunded to the paying credit card. All Courses are offered on a non-credit basis. As these Courses are open to the general public, there are no prerequisites; however, participants must be at least 18 years of age. Payment in full is required at the time of registration for a Course. All payments are non-refundable except as expressly described above. All Course fees shall be paid in U.S. dollars.
3. License Grant & Restrictions
We hereby grant you a limited, non-exclusive, non-transferable, right to access, view and use the Site, and any content or materials provided to you or made available by the Company via the Site or any Course (“Company Content”), solely for your internal purposes. We reserve the right to deny or suspend, at our sole discretion, your access to the Site, Company Content, or any Course or portion thereof. This right is a license which is personal and may only be used for personal, non-commercial uses. We reserve all rights not expressly granted to you. You agree not to (i) reproduce, transmit or publish the Site or any Company Content for any commercial purpose; (ii) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or any Company Content in any way; (iii) make derivative works based upon the Site, any Course or any Company Content; or (iv) copy any ideas, features, functions or graphics of the Site, any Course or any Company Content.
4. Registration and Passwords
In connection with your participation in any Course, if applicable, you may be required to have a unique user name and/or password. You are responsible for maintaining the confidentiality of your usernames, passwords and accounts. Usernames and passwords may not be shared by more than one individual, and may not be transferred from one individual to another. We are not responsible for any harm caused by or related to the theft or misappropriation of your user name or password. You shall be responsible for all actions taken via your username and password, whether or not made with your knowledge or authority.
5. Your Responsibilities
You shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Site and Company Content, and/or participation in any Course, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify the Company immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) not provide false identity information to gain access to the Site or Company Content or to participate in a Course; (iii) not use the Site to defame, abuse, harass, threaten or otherwise violate the legal right of others; (iv) not publish, post, upload, email, distribute or disseminate any defamatory, misleading, infringing or unlawful content; (v) not collect, store or transmit personal information about individuals or any information that is subject to applicable privacy laws or regulations; and (vi) not embed the Site or any Company Content as a frame from within another application.
6. Intellectual Property
The Company alone (and its licensors, where applicable, including without limitation Andy Molinsky) shall own all right, title and interest, including all related Intellectual Property Rights (as defined below), in and to the Site, all Courses and all Company Content, including without limitation all Site software, design, text, images, photographs, illustrations, audio and video material, blog posts, articles, artwork, graphic material, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, Courses or Company Content, including with limitation the selection, sequence and “look and feel” of the Site, and all trademarks, service marks and tradenames included therein. Notwithstanding the foregoing, the Site, Courses or Company Content may include trademarks, service marks or logos of third parties, all of which are the property of their respective owners. “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
In the event you provide to us any materials (including feedback and submissions) in connection with the Site, any services or products offered on the Site, or any Course, Forum or otherwise (each a “Submission” and collectively “Submissions”), such Submission shall become the sole property of the Company. No compensation will be paid with respect to the use of Submissions and we are under no obligation to post or use any Submissions. By posting or providing a Submission, you warrant and represent that you have the right to assign ownership to the Company to all of the rights to your Submission.
7. Third Party Interactions
We may provide to visitors to our Site or participants in our Courses email communications, newsletters, promotions or other marketing communications (“Company Communications”). During use of the Site, or in connection with any such Company Communications, you may enter into correspondence with, or purchase or sign up to receive goods and/or services from, a third party, or you may participate in promotions of advertisers or sponsors showing their goods and/or services through the Site or Company Communications. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third party. We and our licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party, including any termination by such third party of their provision of goods or services to you. You acknowledge and understand that we may be paid affiliate commissions, royalties or other fees from third parties referenced, promoted or linked to in Company Communications or on the Site. Notwithstanding the foregoing, we do not endorse any sites on the internet that are linked to on the Site or in Company Communications, and do not endorse any third party goods or services that are made available to you as a result of your use of the Site or through the Company Communications. We provide these links to you only as a matter of convenience, and in no event shall we or our licensors be responsible for any content, products, or other materials on or available from such sites. Further, we do not endorse, recommend or warrant any writers or speakers appearing in any Company Content or on the Site.
8. Forum Rules of Conduct
A “Forum” means any blog comments, message board, chat room, user review forum or other interactive or social media service appearing on the Site or made available through any Course, and includes both public boards and private forums. Your use of any Forum is subject to all applicable laws. We may remove or alter any user-created content at any time for any reason. We have no obligation whatsoever to monitor any of the content or postings on any Forum. However, you acknowledge and agree that we have the absolute right to monitor the same at our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any postings or content, in whole or in part, for any reason and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request (national or international) and to protect ourselves, our clients, sponsors, users and visitors.
You shall not use, allow, or enable others to use any Forum, or knowingly condone use of any Forum by others, in any manner that is, attempts to, or is likely to:
• be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive;
• affect us adversely or reflect negatively on us, the Site, the Course, our goodwill, our employees or contractors, our name or reputation, or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, any Course or the Forum;
• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid schemes, or so-called “spamming” and “phishing”, or encourage other users to copy a message;
• be used for commercial or business purposes, including, without limitation, soliciting funds, touting stocks, advertising, marketing or offering goods or services, whether or not for financial compensation or through linking with any other website or web pages;
• transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
• create a false identity for the purpose of misleading or impersonating others (including the creation of alternate accounts);
• disrupt the normal flow of the Forum with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users’ ability to participate in such Forum;
• contact anyone who has asked not to be contacted;
• “stalk” or otherwise harass anyone;
• violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any Intellectual Property Rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Forum or any Course, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or Forum in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site, Course or Forum or the rights of use and enjoyment of the Site, Course or Forum by any other person, firm or enterprise; or
• collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, Course or Forum unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
9. Disclaimer of Warranties
THE COMPANY AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE, ANY COURSE, COMPANY CONTENT, FORUM OR ADVICE YOU MAY RECEIVE IN CONNECTION THEREWITH. THE COMPANY AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) YOUR USE OF THE SITE OR COMPANY CONTENT, OR PARTICIPATION IN ANY COURSE OR FORUM, WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SITE, COMPANY CONTENT, FORUM ADVICE OR ANY COURSE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY DATA, COMPANY CONTENT OR ADVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, LEADS, ADVICE OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, COMPANY CONTENT, COURSES OR ANY COMPANY COMMUNICATIONS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SITE OR THE SERVER(S) THAT MAKE THE SITE, COMPANY CONTENT OR ANY COURSE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE AND ANY COURSES, FORUM, COMPANY CONTENT AND COMPANY COMMUNICATIONS ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY US AND OUR LICENSORS. WE EXPRESSLY DISCLAIM ANY WARRANTY REGARDING IMPLIED EFFECTIVENESS OF THE IDEAS OR STRATEGIES REFERENCED ON THE SITE, OR IN ANY COMPANY CONTENT, COURSE, FORUM OR COMPANY COMMUNICATION.
You shall indemnify and hold us and our licensors and our respective parent organizations, stockholders, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) a claim alleging that use of your Submissions infringes the rights of, or has caused harm to, a third party; (ii) a claim, which if true, would constitute a violation by you of your representations and warranties; (iii) a claim arising from the breach by you of this Agreement; or (iv) any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you.
11. Internet Delays
USE OF THE SITE AND ANY COMPANY CONTENT, AND PARTICIPATION IN ANY COURSE OR FORUM, MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
12. Limitation of Liability
YOU UNDERSTAND THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY AND OUR STOCKHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, LICENSORS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, WHETHER DIRECT OR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITE, ANY COURSE, FORUM, COMPANY CONTENT OR COMPANY COMMUNICATION, INCLUDING WITHOUT LIMITATION INJURY OR DEATH, OR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. No Professional Advice
The information contained in or made available through the Site, Company Content, Course or any Forum cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site, Company Content, Course or any Forum. You are solely responsible and accountable for your decisions, actions and results in life, and you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
14. Earnings Disclaimer
All products and services by the Company, including without limitation Company Content and Courses, are for educational and informational purposes only. Nothing on the Site, or in any of our Company Content or Courses, is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced on the Site or in any Company Content or Course are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Making decisions based on any information presented in our products, events, services, Site, Courses or Company Content should be done only with the knowledge that you could experience risk or losses just like any entrepreneurial endeavor. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You are solely responsible and accountable for your decisions, actions and results in life, and you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.
15. Parental Permission
The Site, Company Content and any Course or Forum are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain Company Content or access Courses or Forums, and we may limit such access to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
16. Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you, or your agent may send us a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA. Our agent for notice of claims of copyright infringement or counter notices can be reached at firstname.lastname@example.org.
We may give notice by means of a general notice on the Site or by electronic mail to any e-mail address on record in our account information for you. Such notice shall be deemed to have been given 12 hours after sending if sent by email.
18. Modification to Agreement
We reserve the right to modify the terms and conditions of this Agreement or our policies relating to the Site, Company Content, Forums, Company Communications or Courses at any time, effective upon posting of an updated version of this Agreement or updated policies on the Site. You are responsible for regularly reviewing this Agreement. Continued use of the Site or Company Content or participation in any Course or Forum after any such changes shall constitute your consent to such changes.
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by us.
The Site is controlled by the Company from its offices in Massachusetts. We make no representations or warranties that the Site, Company Content or any Course, Forum or related information offered by us are appropriate in other locations. Those who choose to access the Site or any Course or Forum from other locations are responsible for compliance with local laws, to the extent locals laws are applicable. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Site, Company Content, Company Communications or Courses shall be subject to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
21. Questions or Additional Information
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to email@example.com.
These Terms and Conditions were last modified on August 10, 2017.