Successful Fashion Freelancer
Freelance Accelerator: from Surviving to Thriving (FAST)
Terms and Conditions of Use
Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any Successful Fashion Designer digital or downloadable resources, one-on-one or group coaching, online program, or enter any online private forums operated by Successful Fashion Designer (for any purpose), whether on a website hosted by Successful Fashion Designer or a third-party website such as an online course platform or facebook.com (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) Successful Fashion Designer, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; (iii) Heidi Weinberg.
- The Programs
- You will receive as part of FAST:
- All Program materials, including videos, audio, worksheets;
- Private online community access for 12 months from purchase date;
- One (1) group coaching call each month for 12 months from purchase date;
- You will receive as part of FAST Track:
- Everything included in FAST;
- 3 months of “just-in-time” DM advice from a FAST Coach (you can message any time, and your coach will reply on Tuesdays);
- A small private group roadmap session with a FAST Coach at the beginning of the program;
- A 1:1 30 minute strategy session with a FAST Coach to be scheduled anytime during the program duration;
- A recorded portfolio critique to be redeemed anytime during the program duration;
- 3 months of access to weekly live group coaching with a FAST coach;
- 3 months of access to live Monthly Workshops and Events with Guest Speakers;
- 3 months of live access to VIP Access to the FAST Workshop Replay Vault;
- The program begins per the date on the sales and checkout page
- You will receive as part of FAST Track Turbo:
- Everything included in FAST;
- 6 months of “just-in-time” DM advice from Heidi (you can message any time, and I’ll reply on Tuesdays);
- A 1:1 60 minute roadmap session with Heidi at the beginning of the program;
- Monthly 1:1 30 minute intensives with Heidi (6 total, plus 1 bonus call to be scheduled anytime during the program duration);
- A recorded portfolio critique to be redeemed anytime during the program duration;
- A second portfolio critique to be redeemed anytime within the following program duration;
- 6 months of access to weekly live group coaching with a FAST coach;
- 6 months of access to live Monthly Workshops and Events with Guest Speakers;
- 6 months of live access to VIP Access to the FAST Workshop Replay Vault;
- The program begins per the date on the sales and checkout page.
- For FAST Track & FAST Track Turbo: “Your Roadmap Call, any 1:1 Strategy Sessions, and your Portfolio Critique must be redeemed during the duration of the core Program and cannot be extended, even if you choose to stay in the Program on a monthly basis.“
- You will receive as part of FAST:
- Participants
NOTE TO MINORS: You acknowledge that your parent or guardian has reviewed, understood and agreed to the terms below. Children under the age of 13 are not permitted to use this Program. Children between the ages of 13 and 18 must ask for their parent’s or guardian’s permission and agreement to these TOU before viewing our Program.
NOTE TO PARENTS/GUARDIANS OF MINORS: You acknowledge that you have reviewed, understood and agreed to the terms of this Agreement (such terms being interpreted as if they applied both to you and your minor child/ward) and have the legal authority to enter into this Agreement on behalf of your minor child/ward.
- Payment and Refunds
You agree to the following fees and payment schedule:
FAST
One-time payment of $1997, or twelve monthly payments of $197 due each month on the date or original purchase (IE if you purchased on March 12, each monthly payment would be due on the 12th of each month). The price may be lower, or longer term payment plans may be available, if you are enrolling during a special VIP offer.
FAST Track
One-time payment of $3997 or three monthly payments of $1597 due each month on the date or original purchase (IE if you purchased on March 12, each monthly payment would be due on the 12th of each month). The price may be lower, or longer term payment plans may be available, if you are enrolling during a special VIP offer.
FAST Track Turbo
One-time payment of $9997 or six monthly payments of $1997 due each month on the date or original purchase (IE if you purchased on March 12, each monthly payment would be due on the 12th of each month). The price may be lower, or longer term payment plans may be available, if you are enrolling during a special VIP offer.
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 by the date due, you will have a 9 day grace period to make the payment, otherwise the Program will not continue and we reserve the right to terminate your access to the Program and all Content immediately and 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 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.
- Refunds
Refund terms for FAST
There are no refunds on your purchase. Instead, we provide a Make Your Money Back Guarantee.
To be eligible for the Make Your Money Back Guarantee, participants must meet the following conditions within 12 months of purchase:
- Course Completion: You must complete all core course modules in the Freelance Accelerator: From Surviving to Thriving (FAST) program.
- Homework Submission: You must complete and document all assigned coursework, exercises, or implementation activities as outlined in the program.
- Coaching Participation: You must attend a minimum of 50% of the monthly live group coaching calls during your 12-month access period.
- If you are unable to attend live, you may alternatively submit questions in advance and watch the recordings to count toward this requirement.
If you meet all of the above and have not earned back your initial investment in FAST, we will continue to provide monthly coaching access (via live calls or recordings) free of charge until you do.
Requests for continued coaching under this guarantee must be submitted via email within 30 days after the 12-month period ends, along with documentation showing course completion, homework, and coaching call participation.
We reserve the right to update or revise these guarantee terms at any time. This guarantee does not apply to FAST Track, FAST Track Turbo, or any other paid offers unless explicitly stated.
Refund Terms for FAST Track and FAST Track Turbo
We provide a 30-day Personal Progress Guarantee for FAST Track and FAST Track Turbo. That money-back guarantee is governed by the following terms.
In order to qualify for a refund, you must attend your 1:1 Roadmap Call with your coach withing two weeks of joining to create your personalized Roadmap. From the date of the Roadmap call, you have 30 days to complete the first 30 days of work you and your coach have assigned for you in the Roadmap. After this, you may request a refund within 45 days of your date of purchase by contacting us at learn at sewheidi dot com and letting us know you’d like a refund by the 45th day at 11:59 EST.
You must include proof that you completed the first 30 days of work from your Roadmap and tell us why you are requesting a refund. What did you expect that you did not get once inside the Program?
If you request a refund and do not include proof of work from your Roadmap, did not schedule or attend your Roadmap call within 14 days of joining, and the reason(s) you are requesting a refund by the 30th day after your Roadmap call, you will not be granted a refund.
We will NOT provide refunds for any request that comes more than 30 days following the date of your Roadmap call, or 45 days following the date of your purchase. After day 45, whether or not you attended or scheduled your Roadmap call, all payments are non-refundable and you are responsible for full payment of the fees for the Program regardless of whether you complete the Program.
We will NOT provide refunds for any request that comes more than 60 days following the date of purchase for FAST or 45 days for FAST Track and FAST Track Turbo. After day 60 for FAST, and day 45 for FAST Track and FAST Track Turbo, all payments are non-refundable and you are responsible for full payment of the fees for the Program regardless of whether you complete the Program.
Please note: If you opted for a payment plan and you do not request a refund within 60 days for FAST, or 45 days for FAST Track and FAST Track Turbo, with the required information at the time of your refund request, you are required by law to complete the remaining payments of your payment plan.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
All refunds are discretionary as determined by the Company. To further clarify, we will not provide refunds for requests made after the 60th day from your date of purchase for FAST, or the 45th day from your date of purchase for FAST Track or FAST Track Turbo, and all payments must be made on a timely basis.
Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these Terms. 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 Terms, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these Terms. If a participant disagrees with the Company offering another participant a second opportunity to follow these terms, 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, the Company may terminate your access and participation in the Program without notice and without refund.
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.
5. European (EU/EEA/UK) Program Participants’ Right of Withdrawal
Participants in the European Union and United Kingdom have a fourteen (14) day right of withdrawal from certain transactions under the terms of their respective laws. The Company is obligated to inform you of this right in very specific legal terms, which you can find below.
The Company agrees to honor your right of withdrawal as required by law prior to the commencement of the Program, which includes, but is not limited to viewing or accessing the Program portal, viewing, accessing and/or downloading Program materials and Content, and attending trainings or events associated with the Program (“Performance”).
If this right of withdrawal extends to you, then you have fourteen (14) days from your acknowledgement of these TOU to withdraw your acceptance of these terms, without giving any reason, and without incurring any costs other than those provided for in this section. The withdrawal period will expire after fourteen (14) days from the day you acknowledge this TOU.
By accepting this TOU, you agree and give your express consent and acknowledgement that you will lose your right of withdrawal once you have begun Performance of the Program.
If you choose to exercise your right of withdrawal, the Company will reimburse to you all payments received from you less the 3% processing fee incurred per transaction. This reimbursement will be made using the same method of payment you used for the initial transaction. In any event, you will not incur any fees as a result of such reimbursement.
To exercise your right of withdrawal, you should inform the Company of your decision to withdraw by emailing learn@sewheidi.com or mailing a letter to 4701 Shore Drive, Ste 103-255, Virginia Beach, VA, 23451, USA, within the fourteen (14) day withdrawal period. You may use the below model form, but it is not obligatory.
To Successful Fashion Designer
[Date]
I, [your name], hereby give notice that I, [your name], withdraw from my participation in [product/program/service name] that I purchased on [insert date of purchase]. I also withdraw from the Terms of Use Agreement that I acknowledged when registering for [product/program/service name].
Acknowledged on [date] / Received on [date].
[Your name]
[Your address]
[Your signature (physical or electronic)]
The burden of proof of exercising the right of withdrawal in accordance with this clause shall be on you. Except as provided for in this section, you shall not incur any liability as a consequence of your exercise of the right of withdrawal. If you exercise your right of withdrawal, both you and the Company will be released from your obligations to perform under these TOU, any ancillary contracts will be terminated automatically, and you may not be afforded the opportunity to enroll or participate in any service or product offered by the Company in the future.
6. Intellectual Property Rights
- Ownership of the Content
The 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.
- 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.
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 agreement 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 if you did not pay fees for the Program, 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 this Agreement would cause irreparable injury to Us that may not be adequately compensated by damages, entitling Us 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 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Program 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 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. In the Company’s sole discretion, we reserve the right to use 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, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right 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 us, you should request permission in writing BEFORE you use the Content by sending an e-mail to learn at sewheidi dot 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 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.
- Access to Services
Upon payment in full for a program advertised as “lifetime access,” you will receive access to the program that you purchased for the duration of the time Successful Fashion Designer operates the Site and your specific program, subject to these Terms. We reserve the right to discontinue programs and adjust the Site and programs at our sole discretion, so, where available, be sure to download any material you want to keep, since you’ll no longer have access to the membership area after access ends.
7. Your Conduct in the Program; Confidentiality
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.
Company is not legally bound to keep your information confidential. Nevertheless, Company agrees to keep all information about our relationship strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if you threaten to harm yourself, or others. You acknowledge that our communications are not covered by any doctor-patient privilege or other privilege.
You agree to keep all information you learn about other Program participants, their business, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
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.
The Company, in its 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.
You are strictly forbidden from the following:
• 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 the Program or other participants with anyone else
• Discriminatory speech, hate speech, comments, or actions against another member based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
• Harassing, fighting with, or being disrespectful to other participants
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 TOU.
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 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.
8. 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.
9. 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. 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.
If you would like to cancel your access and participation in the Program, you must provide the Company with written notice (including e-mail). Your access to the materials and Content of the Program will be immediately terminated upon your notice of cancellation. You will not be issued a refund for any remaining days or months of the Program after your cancellation.
If you have opted to pay for the Program via monthly payments, and you would like to cancel your access and participation in the Program, you must provide the Company with at least 10 days written notice (including e-mail) before your next recurring charge. You will continue to have access to the materials and Content of the Program until the end of the then-current payment period. You will not be issued a refund for any remaining days or months of the Program after your cancellation.
In the event you decide to cancel, any remaining installments, default, or late payments will be due immediately.
10. Personal Responsibility, Assumption of Risk, Release, Disclaimers
- 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 (or your minor child’s/ward’s) participation in the Program, whether or not caused by the active or passive negligence of the 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.
- 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, 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.
- 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 achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.
- 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.
- 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.
- 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 OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- 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.
11. Security
Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.
12. Legal Disputes
These TOU shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to its conflict of laws principles. The state and federal court nearest to Denver, CO 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.
13. 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.
14. 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 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.
15. Force Majeure
The Company shall not be deemed in breach of this Agreement if Company is unable to provide 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 occurrence of any Force Majeure Event, the Company shall give notice to you 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.
16. General Provisions.
The Company may modify these TOU at any time. All modifications shall be posted on the Company’s website and participants shall be notified by email. 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. This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. These TOU supersede all prior written and oral representations.
Updated on 02/20/25