California Automatic Renewal Law: This subscription will continue to be billed annually until canceled at the rate of $1,449/year. There is no minimum purchase or a minimum number of payments required. You can cancel your subscription at any time by heading to: https://brittseva.mykajabi.com/settings/account

 

Please read these Terms and Conditions of Use (“TOU”) carefully.  You must agree to these TOU before you are permitted to use any Flourish Salon Business Development, LLC digital or downloadable resources, workbooks, online courses, one-on-one or group coaching, classes, programs, workshops, conferences, or trainings, participate in any Flourish Salon Business Development, LLC events, or enter any online private forums operated by Flourish Salon Business Development, LLC (for any purpose), whether on a website such as www.thrivingstylist.com, www.BrittSeva.com, https://thriverssociety.com/, any other website, or a third-party website such as an online course platform or facebook.com, whether now known or unknown (collectively “the Program”). 

 

If you do not agree with these TOU, you may not use the Program.

 

As used in these TOU, the term “Releasees” is defined to include the following: (i) Flourish Salon Business Development, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, contractors, agents, coaches, representatives, successors, and assigns (collectively “the Company,” “we” or “us”); (ii) any Company volunteers; and (iii) Britt Seva.

 

 

• Program and Participants

 

 

As part of the Program, you will receive the services and materials outlined on the web page where you register. 

 

If you wish to participate in another session of the Program in the future or purchase any other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.

 

This Program is intended and only suitable for individuals aged eighteen (18) and above. Some of the content in this Program may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of eighteen (18).

 

The Company reserves the right to offer additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base version of the Program. The selection of the participants who may participate in any additional program elements is at the sole discretion of the Company.

 

 

• Payment 

 

 

You agree to pay all fees included in the monthly or annual payment option you select at checkout. Payments will automatically renew on either a monthly or annual basis unless you cancel or terminate in accordance with these TOU. Billing cycle changes become effective on the date they are approved by the Company and no refunds will be given for payments made before the billing cycle change. If you have questions about or would like to change your billing cycle, please email [email protected] for more information. 

 

If any payment is not received by the date due, we reserve the right to terminate your access to the Program and all Content (defined below) immediately and permanently.  

 

You acknowledge that in addition to your Program fees, you may be responsible for any shipping fees related to physical workbooks and products, including fees for international shipping and/or replacement orders. If you package is lost in transit, please contact [email protected] for assistance. 

 

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

The Company reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

 

 

• Cancellation, Changes and Refunds

 

 

You may cancel your participation in the Program through your member portal or by clicking here. Once you have logged into your member portal, go to your account settings, and select billing information. Finally, please select “Cancel Now” to cancel your membership. Your access to the Program will continue through the period of time for which you are billed.

 

The Company will automatically bill your card on file according to the payment schedule you selected at checkout unless we have received your cancellation at least seven (7) days before your next scheduled billing date. 

 

You may only change Programs with the Company’s permission. If you wish to change Programs, please email [email protected]. If the Company approves your Program change request, additional payment may be required if the new Program is more expensive than your original enrolled Program. However, no refund will be granted if you switch to a less expensive Program.

 

Your satisfaction with the Program is important to us. However, because of the extensive time, effort, preparation, and care that goes into creating and providing the Program 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 Program. By using and/or purchasing our Program, you understand and agree that all sales are final, and no refunds will be provided.

 

The Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these TOU. Therefore, if a participant disagrees with how the Company disciplines another member and requests a refund, the Company will deny such request.

 

Furthermore, if a participant violates these TOU, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these TOU. If a participant disagrees with the Company offering another participant a second opportunity to follow these TOU, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.

 

If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these TOU, the Company may terminate your access and participation in the Program without notice and without refund. 

 

The Company may offer additional program elements for a subgroup of participants. The Company reserves the right, in its sole discretion, to offer member participation in these additional program elements to specific members. If a member is denied participation in these additional program elements, no grounds for a member to receive a refund would be created and any request for a refund on this basis will be denied.

 

Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

 

 

• Refusal of Service

 

 

We reserve the right to refuse access to the Program to any person or entity, without the obligation to assign reason for doing so. We may at any time change or discontinue any aspect or feature of the Program, subject to us fulfilling our responsibilities to you based on acceptance of your payment. 

 

 

• Intellectual Property Rights

 

 

 

• Ownership of the Content

 

 

The words, videos, voice and sound recordings, training materials, workbooks, design, layout, graphics, photos, images, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws. 

 

The Content includes all of our registered trademarks, including Thrivers Society® and Wealthiest Year Yet®, which may not be used without express written permission by the CEO of the Company.   

 

 

• The Company’s Limited License to You

 

 

If you view, purchase, or access any Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. 

This means you may view, download, print, email and use one copy of individual pages of the Program and Content for your own personal purposes or your own business only. 

 

If you enrolled in the Thrivers Society Prep School Program, you are granted lifetime access to that Program, for the life of that Program only. 

 

This means you will have access to the Thrivers Society Prep School Program provided your account is in good standing, for as long as the Company continues to host and provide access to the Content and Program you have purchased. 

 

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program or Content for commercial purposes or in any way that earns you or any third-party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property.  Any unauthorized use of any materials found in the Program or Content shall constitute infringement.  

 

You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others. 

 

The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

 

All rights not expressly granted in these terms or any express written license, are reserved by us.

 

 

• Unauthorized Use

 

 

Your use of any materials found in the Program or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $5,000, whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue.  This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.     

 

You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.

 

 

• Your License to the Company; Use in Testimonials and Marketing. 

 

 

By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least eighteen (18) years old.

 

You grant the Company 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 display your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), in whole or in part, in any manner or medium now known or developed in the future, for any purposes including commercial purposes such as advertising or as part of the Company’s current or future websites and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our websites or in our Content at any time for any reason. 

 

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. You agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you, to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos, or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason. 

 

This means you give the Company permission to use anything you submit or post in the Program or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Program, including images in which your face is visible and recognizable.   

 

 

• Request for Permission to Use the Content

 

 

If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to [email protected]. 

 

If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does 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 the Program and Content.

 

 

• Coaching

 

 

If you purchase coaching services from the Company, the following terms apply:

 

1. You agree to the coaching schedule outlined on the web page where you registered for the coaching services. 

 

1. You agree that your relationship with the Company is that of a coach-client relationship and that no attorney-client, accountant-client, or other professional relationship has been established.

 

1. You agree that coaching is not to be used as a substitute for professional advice of any kind, including medical, mental, legal, tax or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.

 

1. Our no refund policy includes coaching calls. If you are dissatisfied with your coaching call for any reason, please email [email protected].

 

1. You agree that it is your responsibility to attend coaching sessions. If you are unable to attend a coaching session, your call will not be rescheduled, and no refund will be given.  

 

1. Coaching is only available to current Program members. If you cancel your participation in the Program, you may not complete your coaching package and any remaining coaching sessions will be forfeited without refund. 

 

 

• Your Conduct

 

 

The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any other products, groups, programs, or events to Program participants on any Company website or third-party forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company, and will not engage in such activity during Company events. This means you agree not to form, or ask Program participants to join, “shadow” groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Program participants to participate in events, such as a meetup or seminar without first receiving approval from the Company. You agree not to market, promote, or sell products or services such as coaching services, or other products or services to Program participants, unless you are authorized or requested to do so by the Company.

 

Please choose carefully the materials that you upload to submit to or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public. 

 

You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk.  Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory, or obscene or otherwise in violation of any law or the rights of others.  You agree to post comments or other material only one time. 

 

You are strictly forbidden from the following:

 

• Harassing, fighting with, or being disrespectful to other participants

 

•   Causing damage to any Company website or third-party forums operated by the Company

 

•   Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity

 

•   Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software

 

•   Using any Company website or third-party forums operated by the Company to transmit, send, or deliver unsolicited communications or for other marketing or advertising purposes

 

•   Systematically or automatically collecting data from any Company website or third-party forums operated by the Company

 

• Sharing private and proprietary information from other participants with anyone else  

 

• Using Company’s website or private forum or third-party forums operated by Company such as private groups on Facebook.com (“Facebook”), to take picture and/or screenshots of comments, posts, pictures, materials, or any other content posted and/or shared by participants without receiving their advance permission

 

If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund.  

 

The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s websites and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company’s websites or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

 

 

• Confidentiality

 

 

You acknowledge that your communications with the Company are not covered by any privilege.

You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you learn about other Program participants, their businesses, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

 

The Company may record coaching calls and share them in the Program, on the Company’s websites, or on third-party forums operated by the Company. 

 

You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s websites, or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Program and Content.

 

 

• Username and Password

 

 

To access certain features of the Program, including any private membership areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current, and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.

 

 

• Live or In-Person Events

 

 

If you participate in any live or in-person event as part of the Program, including but not limited to workshops and meetups,  you agree to observe and obey all posted rules and warnings, these TOU, including the terms related to Conduct in Section 7 above, to follow any instructions or directions given by the Company through its employees, representatives or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely participate in the Program. You agree to exhibit appropriate behavior at all times and to obey all local, state, and federal civil and criminal laws while participating in the Program. This includes, generally, respect for other people, equipment, facilities, or property. The Company may dismiss you, without refund, if your behavior endangers the safety of or negatively affects the Program or any person, facility, or property. 

 

You consent to medical care and transportation in order to obtain treatment in the event of injury to you as Company, volunteers or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.

 

If you choose to consume alcoholic beverages during any part of the Program, you must do so responsibly and only if you are over the age of twenty-one (21).

 

You agree that you will not consume alcohol prior to any part of the Program that involves physical exercise or activity or use any medicine or substance that will inhibit your mental or physical ability to safely participate in the Program.

 

The Company is not responsible for any personal item or property that is lost, damaged or stolen at or during the Program.

 

 

• Termination

 

 

The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. The Company may terminate your participation in the Program at any time, without refund, if you breach any part of these TOU. In the event of cancellation or termination, you are no longer authorized to access the part of the Program or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Program and its Content will still apply now and in the future, even after termination by you or the Company.

 

 

• Personal Responsibility, Assumption of Risk, Release, Disclaimers

 

 

1. You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.

 

1. The Program and Content provide information and education only, and do not provide any financial, business, legal services, or advice. None of the Program or Content prevents, cures, or treats any mental or medical condition.  The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional.  You are responsible for your own financial, legal, physical, mental, and emotional well-being, decisions, choices, actions, and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.

 

1. You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.

 

1. You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
   
   

In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.

 

1. If you are a California resident, you acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. That section provides: 

 

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. 

  

1. Earnings and Results Disclaimer:  You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will receive any results using any of our ideas, tools, strategies, or recommendations from your use of the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings, marketing performance or audience growth from your use of the Program, and you understand that results, marketing performance, audience growth and earnings differ for each individual.

 

1. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. Although the Company may recommend third-party sites, products, or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.

 

1. The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company 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.

 

1. Information provided about or in the Program or Content is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free.  Company disclaims all liability for any inaccuracy, error or incompleteness in the Program or Materials.

 

1. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED, COMPLETE, ACCURATE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

1. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.

 

 

• Security 

 

 

You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties

not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk. 

 

 

• Legal Disputes

 

 

These TOU shall be governed by and construed in accordance with the laws of the State of California without giving effect to its conflict of laws principles. The state and federal court nearest to San Mateo, California shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Company’s Privacy Policy or these TOU. By using the Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

 

 

• Users Outside United States

 

 

The Company controls and operates the Program from offices in the United States. The Company does not represent that materials on the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

 

 

• Indemnification

 

 

You agree to defend, indemnify, release, and hold harmless the Releasees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

 

 

• Force Majeure 

 

 

The Company shall not be deemed in breach of these TOU if the Company is unable to complete the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations or may terminate this agreement.

 

 

• General Provisions.

 

 

This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. Nothing in these TOU, express or implied, will confer upon any person or entity not a party to these TOU, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of these TOU, except as expressly provided herein. This agreement supersedes all prior written and oral representations. The Company may change, modify, or update these TOU at any time. You will be notified of any changes, modifications, or updates via email and your continued use of the Program and/or Content after the Company emails such changes shall constitute your consent to the modifications. If any provision of these TOU is held invalid or unenforceable, the remainder of these TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.

By clicking on the box when signing up for the Program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document.  If you do not agree with these TOU, do not purchase or use the Program or Content.