IMPORTANT: PLEASE READ THESE TERMS CAREFULLY AS THEY MAY IMPACT YOUR LEGAL RIGHTS IN THE EVENT OF A DISPUTE BETWEEN US. SPECIFICALLY, PLEASE REFER TO THE ARBITRATION PROVISION SET FORTH BELOW REQUIRING YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE RELATED TO YOUR USE OF THE SITE ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
1. Use of the Site
The access to and use of the Site implies your full acceptance and undertaking to abide entirely by the Terms. You should read all the Terms prior to using the Site. However, please note that we may change our Terms from time to time, therefore we recommend you read the Terms each time you access the Site. You will be deemed to have accepted any changes to the Terms if you continue to access or use the Site after the Terms have been updated. You are not permitted to use, or cause others to use, any automated system or software to extract content or data from our Site for commercial purposes.
You agree not to use the Site for fraudulent purposes, and not to perform any conduct that may damage the image, interests and rights of the Company or third parties. You also agree not to take any action that will damage, disable or overburden the Site, or hinder, in any way, the normal use and operation of the Site.
In the event of breach of the contents of these Terms we reserve the right to limit, suspend or terminate your access to the Site, taking any technical measures necessary for that purpose.
Our operation of this Site is not intended to create, and will not create, a contractual or legal relationship with you.
2. International users
Our Site is controlled, operated, and administered from our offices in Winter Park, Colorado, United States of America. We make no representation that content on the Site is appropriate or available for use at other locations outside the United States. You may not use the Site or export its content or products in violation of United States export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable.
3. Intellectual Property Ownership
The Site is protected by the copyright laws of the United States and other jurisdictions. Where available, you may download or print a copy of the various resources offered on the Site for your personal, non-commercial use, but you may not copy any part of the Site for any other purpose, and you may not modify any part of the Site for any reason. Inclusion of any part of the Site in another work, whether in printed, electronic or other form, and inclusion of any part of the Site in another site by linking, framing or otherwise, are expressly prohibited.
The trademarks, service marks, and logos of the Company, including PURSUING FREEDOM (the “Trademarks”) belong exclusively to the Company. The Trademarks are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on the Site confers on you any license or right to use the Trademarks.
4. Product Purchases
By purchasing any course or other offering or service from the Site, the Company hereby grants to you a non-exclusive, non-transferable right for personal use of the service, products, and documentation offered under the services (the “Products”). You further agree that you will not:
- except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties, and except to the extent expressly permitted under this agreement, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Products (as applicable) in any form or media or by any means; or attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the software generating the Products; or
- access all or any part of the Products in order to build a product or service which competes with the Company; or
- license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Products available to any third party; or
- attempt to obtain, or assist third parties in obtaining, access to the Products, other than as provided under this Section 4.
You will use your best efforts to prevent any unauthorized access to, or use of, the Products and, in the event of any such unauthorized access or use, promptly notify the Company.
5. Use Restrictions
You further agree not to use the Site in any manner that:
- copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Site or any portion thereof;
- is intended to obtain unauthorized access to the Site, any portion thereof, or any servers or devices on which the Site or any related data or information is stored;
- infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
- consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- causes us to lose (in whole or part) the services of our internet service providers or other suppliers;
- links to materials or other content, directly or indirectly, to which you do not have a right to link;
- is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by the Company in its sole discretion; or
- violates, or encourages anyone to violate the Terms or any ancillary terms and conditions listed on the Site.
6. Your Account and Registration Information
7. Online Purchases
By purchasing any service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to the Transaction including, without limitation, your credit card number, the expiration date, billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar you from making or completing any or all Transaction(s); and (iii) refuse to provide any you with any product or service.
8. Third Party Website.
You may be able to link from the Site to third party websites and third-party websites may link to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such Linked Sites or the information, content, products, services, advertising, code or other materials presented on or through such Linked Sites. The inclusion of any link to such Linked Sites on our Site does not imply our endorsement, sponsorship, or recommendation of that site. Company disclaims any liability for links (1) from another website to the Site and (2) to another website from the Site. Company cannot guarantee the standards of any website to which links are provided on the Site nor shall Company be held responsible for the contents of such sites, or any subsequent links. Company does not represent or warrant that the contents of any third-party websites are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, Company is not responsible for any form of transmission received from any Linked Sites.
9. Advertisements and Promotions
Company may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than the Company, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
10. Disclaimer of Warranties
COMPANY DOES NOT ENDORSE, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE OR ON ANY THIRD-PARTY WEBSITES THAT MAY BE ACCESSED BY A LINK FROM THE SITE. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE OR ON ANY THIRD-PARTY WEBSITE THAT MAY BE ACCESSED BY A LINK FROM THE SITE.
YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED TO YOU ON AN AS IS AND AS AVAILABLE BASIS. COMPANY DISCLAIMS IMPLIED WARRANTIES THAT THE SITE AND ALL SOFTWARE, CONTENT AND SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION GIVEN BY COMPANY OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
We reserve the right to restrict, modify, suspend, or terminate your access to the Site, with or without cause or prior notice, at any time, and without any liability to you.
To the extent permitted by law, Company may sell, transfer, or otherwise share some or all of our assets, including your PII, in connection with a merger, reorganization, or sale of assets, or in the event of bankruptcy. In each such event, the PII we have collected from you may be one of the assets transferred.
14. Age Limitation
The Site is not intended for use by persons under the age of 13. We do not knowingly collect information from visitors under the age of 13 and in the event that we learn that a person under the age of 13 has provided us with PII, we will delete such PII.
15. Limitation of Liability
In no event shall we or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from your use of or inability to use the Site or any part thereof, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE OR ANY SERVICES OFFERED BY US. IN NO EVENT WILL OUR TOTAL CUMULATIVE DAMAGES EXCEED US $100.
16. Dispute Resolution
By using the Site, you and the Company agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site, or the breach, enforcement, interpretation, or validity of these Terms or any part thereof (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to Company at: PO Box 1150 Winter Park, CO 80482.
Both you and the Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect in the state of Colorado before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.
17. Choice of Law and Forum
You agree that the laws of the state of Colorado govern the Terms and any claim or dispute that you may have against us, without regard to conflict of laws rules. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the foregoing with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the U.S. Federal Arbitration Act (9 U.S.C., Secs. 1-16).
We reserve the right to modify these Terms at any time. Your continued use of the Site after any such modifications have been made shall be deemed to be your conclusive acceptance of any modified version of the Terms. We will indicate that changes to the Terms have been made by updating the date indicated after “Last Updated” at the beginning or end of these Terms. If you do not agree to abide by the initial version and any modified version of the Terms, then you are not authorized to use the Site.