Terms of Use for Latha Jay INC
Please read these Terms of Use carefully before purchasing, accessing or using
any of our Programs, Products and Services.
Terms of Use
Our Programs, Products, and Services are owned and operated by Latha Jay INC (“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
and 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 are agreeing 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.
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 Disclaimer, Terms and Conditions and Privacy
Policy, and any other terms and conditions that may apply, and are 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.
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, 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, nontransferable 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 and 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:
You may download and/or print Program Handouts and Workbooks for your own
personal use in your business.
However, you are not permitted to share, sell, reprint or republish any other of our
Program Materials, including handouts and workbooks, for resale or mass
reproduction purposes for your own business use. This includes sharing this
program with your friends, family, colleagues, etc. If they would like access, they
must purchase their own license separately.
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,
meta tags 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 toolsÂ
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 and Services and the
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:
â—Ź You will not copy, share or steal our Programs, Products, Services, or
Program Materials, or any parts of them.
â—Ź You will not in any way use, copy, adapt or represent any of our Programs,
Products, Services or Program Materials in any way as if they are yours or
created by you.
â—Ź You will not engage in improper and/or unauthorized use of our Programs,
Products, Services and Program Materials. Improper and unauthorized use
includes but is not limited to modifying, copying, reproducing,
republishing, uploading, posting, transmitting, translating, selling, creating
derivative works, exploiting, or distributing in any manner or medium
(including by email or other electronic means) any Program Materials or
any other information accessed or purchased through our Programs,
Products or Services, or any other communications provided by us for
your own personal use, business/commercial use or in any way that earns
you money.
â—Ź You will not duplicate, share, trade, sell, or otherwise distribute our
Programs, Products, Services or Program Materials to any other person,
for their personal use, business/commercial use or in any way that earns
them money, whether it was known to you or not at the time that you
shared the information that their intention was to use the Program
Materials for their own personal use or business/commercial use. This
means you cannot share or sell or any part of our Programs, Products and
Services or Program Materials to someone else so they can copy and/or
use them for their own personal use, business/commercial use or in anyÂ
way that earns them money. You are the only one granted a limited license
to use our Program, Product, Service, and Program Materials.
â—Ź You will not violate our intellectual property rights, including copyright and
trademark rights. Downloading, printing, or otherwise using our Programs,
Products, Services or Program Materials for your own training purposes in
no way gives you any copyright, trademark, intellectual property or
ownership rights of our Program, Product, Service or Program Materials.
â—Ź You will not reprint or republish any part of our Programs, Products,
Services or Program Materials for publication or compilation into your own
products, programs, services or program materials for your own personal
use or business/commercial use or in any way that earns you money.
â—Ź You will not use our Programs, Products, Services or Program Materials in
a manner that constitutes an infringement of our rights or in a manner that
has not been authorized by us through our prior written consent.
â—Ź You may not engage in improper and/or unauthorized use of our Program
Materials or any other information related to our Programs, Products, or
Services. Unless otherwise explicitly authorized in these Terms of Use,
improper and/or unauthorized use includes but is not limited to modifying,
copying, reproducing, republishing, uploading, posting, transmitting,
translating, selling, creating derivative works, exploiting, or distributing in
any manner or medium (including by email or other electronic means) for
commercial use, to any other person in a way that earns them money, any
Program Materials or any other information accessed or purchased
through our Programs, Products or Services or any other communications
provided by us to you promoting or relating to the Programs, Products or
Services.
You understand and agree that engaging in the prohibited use or the improper
and/or unauthorized use of our Programs, Products or 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,Â
endorsement by, or ownership by in our Website or Content and does not state or imply
that we are 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. This does not include any of your own ideas, programs or offerings. We
will not take, borrow or steal any of your ideas, programs or offerings for use in our own
business.
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 toÂ
us (“Content”), should be made BEFORE you wish to use it by completing the “Contact
Us” form on this Website, or by sending an e-mail to [email protected].
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.
Facebook Groups
The product or program may come with a private Facebook Group. These Terms apply
to the Facebook Group. Further, you understand that Facebook is a public platform andÂ
therefore, we cannot guarantee your privacy for things that you share in the group as
other members will also see what is posted.
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 our 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 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 orÂ
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 health care
professional. Do not disregard professional medical advice or delay seeking
professional advice because of 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 non-use 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 PROVIDEDÂ
“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, e-mail 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 be 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 the them becomes slow or incomplete due to any
reason, such as system back-up procedures, internet traffic volume, upgrades, overload
of requests to the servers, general network failures or delays, or any other cause which
may from time to time make 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,Â
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 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.
By purchasing and/or using our Programs, Products, Services or Program Materials in
any way or for any reason, you also implicitly agree to our full Disclaimer which may be
found on our Website.
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 is 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 orÂ
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 are agreeing 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 either 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:
â—Ź For fraudulent purposes or in connection with a criminal offense or otherwise
carry out any unlawful activity
â—Ź To send, use or re-use any material that is illegal, offensive, abusive, indecent,
harmful, defamatory, obscene or menacing, threatening, objectionable, invasive
of privacy, in breach of confidence, infringing of any intellectual property rights, or
that may otherwise may injure others
â—Ź To send, negatively impact, or infect our Programs, Products, Services or
Program Materials with software viruses or any other harmful or similar computer
code designed to adversely affect the operation of any computer software or
hardware, commercial solicitation, chain letters, mass mailings or any spam,
whether intended or not
â—Ź To cause annoyance, inconvenience or needless anxiety
â—Ź To impersonate any third party or otherwise mislead as to the origin of your
contributions
â—Ź To reproduce, duplicate, copy or resell any part of our Programs, Products,
Services or Program Materials in a way that is not in compliance with these
Terms of Use or any other agreement with us.
Communication Guidelines
If you have a question or concern about your Programs, Products, Services, or Program
Materials, you may send an e-mail to [email protected] 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, 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 . Any chargeback action will terminate your access to the
course regardless of the outcome and will also result in the loss of use of the member
portal for accessing any other content, meaning lifetime access is revoked.
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.
Refund Policy
Your satisfaction with your Program, Product or Service is important to us. Yet, because
of the extensive time, effort, preparation and care that goes into creating and/or
providing our Programs, Products, Services and Program Materials, we have a no
refund policy. Unless otherwise provided by law, you acknowledge that we do not offer
refunds for any portion of your payment for any of our Programs, Products, and
Services, and no refunds will be provided to you at any time. By using and/or
purchasing any of our Programs, Products, Services or Program Materials, you
understand and agree that all sales are final and no refunds will be provided.
Termination
You have the right to terminate your use of or participation in our Programs, Products or
Services at any time by sending an e-mail to [email protected].
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 e-mail 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 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 send an e-mail to us at [email protected]
and include all of your reasons for dissatisfaction with your Program. You understand
and agree now that the only remedy that can be awarded to you through arbitration is
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 Los Angeles, CA, 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.
Governing Law
These Terms of Use shall be governed by the laws of the State of California, regardless
of the conflict of laws principles thereof.
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 this
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 orÂ
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
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 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 emailÂ
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
Thank you.