Thank you for joining the Modern Creative Woman membership. Please read these Terms and Conditions carefully. If you have any questions, please ask at Amy@Amybackos.com.
- Remember, the Modern Creative Woman is NOT therapy. Nonetheless, We are mandated reporters. If you let anyone at the Modern Creative Woman and The Art Therapy Center of the San Francisco Bay know you are going to harm yourself or others, or tell us about elder or child abuse, we are obligated by law, to report this and get help for you.
- The Modern Creative Woman is not a substitute for therapy. If you need therapy, please find an excellent therapist in your state to support you. It is the best investment you can make to improve your mental health.
- Participating though voice or image on the live classes, means you are consenting to have your image and voice in the video posted on the member page. Other members will see the videos posted on the member page. You are not obligated to ask questions or appear on camera. You can participate fully without being on the video.
- We will ask you before posting your image outside of the Membership page.
- We aim to please – if you have a question or concern, please reach out to us first at Amy@Amybackos.com.
- To access the Member page, you need a username and password. You will create your own username and password. If you have a problem logging in, you can start by resetting your password. You can also email us to “reset” your account. It is your responsibility create your own username and password, to remember your log in information, change the password as necessary for your security, and to inform the Company before the Program start date if you need help with your account.
- You must agree to these Terms and Conditions before you are permitted to use any Modern Creative Woman and the Art Therapy Center of the San Francisco Bay digital or downloadable resources, online course, live or streaming classes, one-on-one or group conversations, class, program, workshops, or training, or enter any online private forums operated by the Modern Creative Woman and the Art Therapy Center of the San Francisco Bay (for any purpose). This might be on a website hosted by Modern Creative Woman and the Art Therapy Center of the San Francisco Bay or a third-party website such as an online course platform or Facebook.com.
- If you do not agree with these Terms and Conditions, you may not use the Program.
- As used in these Terms and Conditions, the term “Releasees” includes the following: The Modern Creative Woman and the Art Therapy Center of the San Francisco Bay, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors, and assigns (collectively “the Company”); any Company volunteers; and Dr. Amy Backos.
1. The Modern Creative Woman Program
As part of the Program, you will receive the services outlined on the web page where you registered or listed in your member page. The Company may modify the services and elements included in the Program from time to time, at its sole discretion. This will be to improve the program, update the content, or respond to feedback.
The Company reserves the right to offer additional program elements for a subgroup of participants. These additional program elements are a bonus, not a part of the services included in the foundational 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.
2. The Modern Creative Woman Participants
You are eligible to join the Program if you are 18 years or older and identify as a woman. The content in this Program may not be appropriate for children/teens. Company hereby disclaims all liability for use by individuals under the age of eighteen (18).
If you wish to participate in another session or offering 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.
3. Payments for the Program
a. Payment Terms Applicable for all Services
You agree to the fees and payment schedule selected at checkout and authorize the Company to charge your credit card, either annual or monthly automatic recurring payments, from the payment method you provide at checkout.
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).
If payment is not received when due, the Company reserves the right to terminate your access to the Program and all Content, as defined below, immediately and perhaps permanently.
If you fail to make any payment in a timely manner or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the full cost of the Program and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee of 10% on all balances more than thirty (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.
b. Membership Payment Terms
If you elect the annual payment option, your payment for that year is charged upon checkout. One (1) year from the date of purchase you authorize the Company to automatically charge the annual renewal for your continued participation in the Program. If, for example, you join on December 4, 2022, your card would be next be charged December 4, 2023. This will continue each year, until you terminate your participation in the Program. You may submit an e-mail to Amy@amybackos.com thirty (30) days prior to your automatic renewal date to convert to the month-to-month payment option. You may cancel your participation in the program at any time, as outlined in the Termination or Cancellation paragraph below.
If you elect the monthly payment option, your first payment will be due upon checkout. The recurring monthly payment will be charged to your card on the same calendar day each month. If, for example, you join on March 15, 2023, your card will be charged again on April 15, May 15, and so on until you terminate your participation in the Program. You can cancel at any time before the next month’s payment is charged by sending an email to Amy@amybackos.com. In the event you do cancel, default or late payments will be due immediately.
c. Payment Plan Terms
If you have opted to pay for the Program via installment payments in a payment plan, your first payment will be due upon checkout. The recurring monthly payment will be charged to your card on the same calendar day each month. If, for example, you join on April 28, 2023, your card will be charged again on May 28, June 28, and so on until you fulfill the terms of your payment plan.
PLEASE NOTE: In the event you decide to cancel or the Company terminates your participation in the Program, any remaining installment, default, or late payments in your payment plan will be due immediately. Even if you withdraw from the Program prior to its conclusion, or if the Company terminates your participation due to your violating these Terms and Conditions, you are required to complete the remaining payments of your payment plan.
4. Refunds
Your satisfaction with the Program is important to us. However, because of the nature of the Program as a class that your purchase in advance, 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 and no refunds will be provided to you at any time. By using and/or purchasing our Program, you understand and agree that all sales are final and no refunds will be provided.
Company reserves the right, in its sole discretion, to determine consequences if a participant violates these Terms and Conditions. Therefore, if a participant disagrees with how the Company determines consequences and requests a refund, the Company will deny such request.
Furthermore, if a participant violates these terms and conditions, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these terms and conditions. If a participant disagrees with the Company offering another participant a second opportunity to follow these terms and conditions, 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 terms and conditions, 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 (i.e. artists, women in business, minorities, other demographic groups etc.). The Company reserves the right, in its sole discretion, to offer member participation in these additional Program elements to specific participants. If a participant is denied participation in these additional Program elements, no grounds for a participant 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 terms and conditions 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 chargeback.
5. Promotional Codes
The Company may offer certain promotional codes for discounts. Promotional codes only apply to qualifying items and are at the discretion of the Company. Promotional codes are limited time offers. Promotional codes are non-transferable and may not be resold. Promotional codes are not redeemable for cash, credit, or and cannot be applied toward previous purchases. There is no cash alternative.
Furthermore, promotional codes cannot be combined with any other offer or promotional discount and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per participant. Promotional codes are void where prohibited. The Company may terminate or modify any promotional codes at any time in its sole discretion, regardless of whether a participant receives the code directly from the Company or from a third party. Violation of Terms and Conditions will render a promotional code invalid.
6. Intellectual Property Rights
a. Ownership of the Content
The teaching, words, videos, voice and sound recordings, training materials, 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.
b. 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. This means 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, and use one copy of individual pages of the Program and Content for your own personal purposes.
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. 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 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 are reserved by us unless expressly granted in these terms or in a written license.
c. Unauthorized Use
Your use of any materials found in the Program or Content other than that expressly authorized in this Terms and Conditions 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 (one year) in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), 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 Terms and Conditions 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.
d. 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.
The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted 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 Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future website 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, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our website 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. If you speak during the class, your words and image will be included in the class videos available on the Membership page. You are not entitled to any compensation for participating in the classes, which are posted on the Membership page.
The Company may request your consent to the Company’s use, display, distribution or other publication of these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program. If you grant such consent, 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.
You grant the Company permission to use Your Material in anonymized form, for example, a screenshot of a post with your name and/or image grayed out, or examples of issues you may have shared without any identifying details and acknowledge the Company may do so without any prior request for your consent.
When you share content about the Company on social media, we may occasionally repost your story or post.
e. 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, request permission in writing before you use the Content by sending an e-mail to Amy@Amybackos.com
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 the Company, and you consent to immediately stop using such Content and to take whatever actions as the Company 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.
7. Teacher – Student Relationship
The Modern Creative Woman is NOT therapy and does not constitute a therapy relationship. The Program is for personal development and growth only. The class teachers/coaches offer education. We are not responsible for how you use the ideas presented in class, on the member page, or third party sites such as Facebook. The teacher/student relationship is co-creative, meaning that the teachers and you are equal partners in the educational process. It is your responsibility to learn what is being taught and apply it appropriately to your life. We are not responsible for how you implement the material.
a. Your Teacher’s Responsibilities
- Your teachers are trained use teaching skills and present material in the learning environment. They use teaching tools to support you as an equal partner throughout the teaching process.
- Your teachers may answer questions and offer individual guidance to group participants based on information provided to the teacher.
- Your teachers will answer questions through whatever forum the Program provides, such as via the Company’s website, a social media forum, live event, private message, or live group coaching call.
b. Your Responsibilities
- You agree to complete all tasks assigned during the Program, including but not limited to watching or listening to videos, completing workbook assignments, and attending class or coaching sessions.
- You agree that your relationship with the Company is that of a teacher – student relationship and that no other professional relationship has been established. The Company is not offering therapy in the Modern Creative Woman Program.
- You agree that classes and workshops are NOT to be used as a substitute for professional advice of any kind, including medical, mental, or other qualified professional help and you agree to seek professional guidance for such matters, should they arise, independent of the teaching relationship in the Modern Creative Woman.
8. Your Conduct
The Program is free from member marketing their businesses. 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. 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, without first receiving approval from the Company. You agree not to market, promote, or sell 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. Please post respectfully and with consideration towards other members.
You are responsible for Your Material and for any liability that may result from any 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, discriminatory, 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
- Oversharing private material in detail
- 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
- Discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
The Company does its best to create a safe and welcoming space for all participants, however, Company cannot guarantee that all participants will follow these guidelines. Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. Therefore, Company shall not be held liable for any participant’s comments, actions, posts, content or materials that result in another participant’s trauma or discomfort.
If, in the Company’s sole discretion, your conduct violates these Terms and Conditions 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 sole discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s 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 website 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.
We may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these Terms and Conditions.
9. Confidentiality
Company is not legally bound to keep your information confidential. Nevertheless, the Company agrees to keep all information about the teaching relationship confidential within the Program (other than where you give your consent for us to share your information, as outlined above in paragraph 6, Intellectual Property Rights), except when disclosure is required by law, for example if a court issues a subpoena for the file or information. Furthermore, we are mandated reporters and are obligated by law to report if you threaten to harm yourself or others, or if you report child abuse or elder abuse. You acknowledge that your communications with your teacher are not covered by any doctor-patient privilege or other privilege.
Confidential information does not include information that:
(a) was in the Company’s possession prior to your participation in the Program;
(b) is generally known to the public or in your circle of friends and family and co-workers; or
(c) the Company may be required by law to disclose.
You may use a pseudonym instead of your actual name for your participation in group coaching sessions and public posts on the Company website and in third-party forums operated by the Company.
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 will record classes and share them in the Program, on the Company’s membership page, located on the Company’s website, 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 website 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.
10. Username and Password
To access certain features of the Program, including any private membership areas, so you need a username and password. You will create your own username and password. If you have a problem logging in, you can start by resetting your password. You can also email us to “reset” your account. It is your responsibility create your own username and password, to remember your log in information, change the password as necessary for security reasons, and to inform the Company before the Program start date if you need help with your account. You agree to keep your username and password confidential.
During the registration process, 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’s Privacy Policy.
11. Live or In-Person Events
If you participate in any live or in-person event as part of the Program, you agree to observe and obey all posted rules and warnings, 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 always exhibit appropriate behavior 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 to obtain treatment in the event of injury to you as Company, volunteers or medical professionals may deem appropriate. These Terms and Conditions 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 will be asked to leave if you are intoxicated or breaking the agreements of respectful speech.
The Company is not responsible for any personal item or property that is lost, damaged or stolen at or during the Program.
12. Termination or Cancellation
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 Terms and Conditions. In the event of cancellation or termination, you are no longer authorized to access the Program or Content. The restrictions imposed on you in these Terms and Conditions with respect to the Program and its Content will still apply now and in the future, even after termination by you or the Company.
If you would like to cancel your participation in the Program, you must e-mail the Company at Amy@Amybackos.com. You will continue to have access to the Program materials and Content through the end of your billing period. You will not be issued a refund for any remaining days or months of the Program after your cancellation.
You agree the payment terms outlined above in paragraph 3 of these Terms and Conditions will remain in effect in the event you or the Company cancel or terminate your participation in the Program.
13. Personal Responsibility, Assumption of Risk, Release, Disclaimers
a. 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.
b. The Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological 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, mental health professional 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.
c. You agree that you will not use these classes 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 enroll in these classes.
d. 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.
e. Results Disclaimer:
You agree that Company has not made and does not make any representations about the results you may receive because of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or change from your use of the Program, and you understand that results and earnings differ for everyone.
f. 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. 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. We may share or post affiliate links, which means that we may receive a commission, at no cost to you, if you make a purchase using these links.
g. 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.
h. The information, products, and services offered on or through the Program and its content are provided “as is” and without warranties of any kind, either expressed or implied. The fullest extent of the permissible by applicable law, the company disclaims all warranties, expressed or implied, including but not limited to, implied warranties of merchantability and fitness for the program or any of its functions will be uninterrupted 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 of other harmful components.
i. 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 content, products or services, or third party materials, products or services available through the program.
14. 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.
15. Legal Disputes
These Terms and Conditions 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 Francisco, CA 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 Terms and Conditions. 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 Terms and Conditions, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
16. Users Outside United States
The Company controls and operates the Program from offices in the United States. The Company does not represent that the Program or its Content 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.
17. Indemnification
You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees 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 Terms and Conditions, (ii) any breach by you of these Terms and Conditions 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.
18. Force Majeure
The Company shall not be deemed in breach of this Terms and Conditions if the Company is unable to complete all of 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 the occurrence of any Force Majeure Event, the Company shall give notice to Client 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 Terms and Conditions.
19. General Provisions
The Company may modify the terms of this Terms and Conditions at any time. All modifications will be effective immediately. Participants shall be notified of modifications to these Terms and Conditions when accessing the Program. If any provision of this Terms and Conditions is held invalid or unenforceable, the remainder of this Terms and Conditions will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
This is the entire agreement of the parties reflects a complete understanding of the parties with respect to the subject matter. This Terms and Conditions supersedes all prior written and oral representations.
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 Terms and Conditions, do not purchase, or use the Program or Content.