I have ADHD Terms of Service
Modified July 2021
Notice/Acceptance of Terms
These Terms of Service (also herein, “Agreement” or “agreement”) set forth how I Have ADHD LLC (also herein, the “Company”, “we”, “us” or “our”), including our legal successors and assigns, and you, the user (also herein, “you”, “your”, “user”, “User”, “member” or “Member”, that also here and elsewhere may be referred to as “visitor”, “subscriber”, “customer”, “VIP”, “affiliate” or “Affiliate”), (herein after also “Parties”) agree to respect each other and each other’s property while and after you are using our website, apps, widgets or any of the Services provided and other information published through www.ihaveadhd.com (also herein, the “Website”). If you do not agree to any of the provisions set out in this document or in our Privacy Policy, you should not use the Website, Apps or any of the Services. By accessing this Website, we assume you accept these Terms of Service.
Please also read our Privacy Policy.
Changes to Terms of Service
We reserve the right to change, alter, replace or otherwise modify these Terms of Service at any time, for example to address legal or regulatory changes or changes to features or functionality made available through the Website, in our discretion. The date of last modification is stated at the end of these Terms of Service. It is your responsibility to check this page from time to time for updates.
When we make any material changes to these Terms of Service, we will provide you with prominent notice under the circumstances, including for example displaying a notice within the Website and/or by sending you an email to the email address that you have provided us or a message to your account, and the revised Terms of Service will become effective two (2) weeks after such notification.
You will have no obligation to continue using accessing and/or using the website, apps, widgets, or any of the Services provided following any such notification, but if you do not terminate your account as described in the Termination section below during such two (2) week period, your continued use of the Platform after the end of that two (2) week period will constitute your acceptance of the revised Terms of Service.
Term
You are deemed to have accepted these Terms of Service on the date you first use the Website, apps, widgets or any of the Services provided and other information published. The Terms of Service shall continue from this date until terminated in accordance with their terms.
Intellectual Property
Unless otherwise stated, we and/or our affiliates or licensors own the intellectual property rights for all material on our website, apps, or widgets, including, but not limited to, any documentation related to or included with any of the Services, trademarks and any works or products developed from them.
You may use the content of this site only for the purpose of reading the information on this site, for your own education, for browsing and for no other purpose. No materials or content from this site or the Company may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and may result in criminal or civil penalties.
All rights not expressly granted herein are reserved. Any unauthorized copying, redistribution, reproduction or modification of the contents of this Site by any person may be a violation of federal, state or common law trademark and/or copyright laws, and could subject such person to legal action.
Modifications to Site
Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Website (or any part thereof) from time to time, for any or no reason and without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. The information and materials contained on the Website are subject to change. Company endeavors to keep the information posted on this Website current, however, such information is subject to change at any time without notice to you and the posted information on this Website may not immediately reflect such changes.
Refund Policy
Refunds will not be issued.
FOCUSED with Kristen Carder Subscription Membership
Your initial membership payment of one hundred and ninety nine dollars ($199 USD) for the first month is non-refundable once you access the membership site. Once this payment is processed, your subscription membership begins. The membership payment of one hundred and ninety nine dollars ($199 USD) is automatically processed each month thereafter until the membership is canceled. Cancellations can be made at anytime by filling out the cancellation form at www.ihaveadhd.com/cancel
Community
The FOCUSED with Kristen Carder Slack community (“Community”) is a social network in which personal information may be exchanged between participants. You are entirely responsible for deciding how much of your personal information you wish to share in the Community. The Company will not share, sell, or rent the personal information of its members to third-party businesses, however, we cannot guarantee the confidentiality of any of the information you choose to share in the Community.
By taking part in this Community, you agree to keep members’ information confidential. By taking part in this Community, you agree NOT to use members’ email address for personal or business.
Any form of solicitation will not be tolerated. FOCUSED with Kristen Carder retains the right to deactivate your Slack account if you solicit other members for your services and/or other ADHD groups.
Please review our Privacy Policy for how Company collects and uses personal information you provide.
SMS Text Messaging
By opting in:
You authorize I Have ADHD to use autodialer or non-autodialer technology to send text messages to the cell phone number associated with your opt in (i.e., the number from which you send the opt in request). You do not have to opt-in or agree to opt-in as a condition of purchase.
You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt-in.
You consent to the use of an electronic record to document your opt-in. You can reply STOP to unsubscribe at any time.
Message and data rates may apply.
Guarantee
The FOCUSED with Kristen Carder membership program does not guarantee results. It is also not a replacement for health/medical care. If you require health, medical, psychiatric, and/or psychological care, you are advised to retain the services of a licensed medical professional. The sole purpose of the Company and its FOCUSED with Kristen Carder is to provide educational materials and coaching in the area of self-coaching.
Under no circumstances will the Company or any of its representatives be held liable for any special or consequential damages that result from the use of, the improper use of, or the inability to use the information or strategies communicated to you through the FOCUSED with Kristen Carder. By participating in the Community you hereby waive and release the Company to the full extent permitted by law from any and all claims relating to the use of and/or reliance on the information and content provided to you. In no event shall the Company be held liable for any injury, loss or damage resulting from the use of, or reliance upon, the Program materials.
Online Commerce
By signing up/enrolling in a FOCUSED with Kristen Carder Membership, Product or Service, you acknowledge and agree that I Have ADHD LLC and Kristen Carder are not responsible for your results, earnings, future earnings as a result of our Membership Program, Product or Service or give professional/legal advice. Your results in your life will be completely dependent on your understanding of the material and your effort to apply it.
If paying by credit/debit card, you give I Have ADHD LLC permission and authorization to automatically charge your credit or debit card as payment for your FOCUSED with Kristen Carder membership, trainings, Products, or Services. By enrolling, you give I Have ADHD LLC permission and authorization to automatically charge your credit/debit card once monthly until you cancel your membership.
In the event that payment is not received by the date due, you will have a seven (7) day grace period to make the payment otherwise the FOCUSED with Kristen Carder Membership, Product or Services will not continue.
When you purchase FOCUSED with Kristen Carder Membership, Product or Services, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us. We do not maintain any payment information but instead contract with the third-party. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant’s independent policies. Please review our Privacy Policy for how Company collects and uses personal information you provide.
You agree to be financially responsible for all purchases made by you. You agree to purchase and use our FOCUSED with Kristen Carder trainings, Products or Services for legitimate purposes only in compliance with these Terms of Service. You also agree not to make any purchases for speculative, false or fraudulent purposes. You release us and our affiliates from any damages that you incur and agree not to assert any claims against us or them, arising from your purchase or use of our FOCUSED with Kristen Carder trainings, Products or Services.
You agree to only purchase the FOCUSED with Kristen Carder Membership, Products or Services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party’s personal information.
Termination
We reserve the right in our sole discretion to refuse or terminate your access to our FOCUSED with Kristen Carder Membership, Products, Services and/or our Program Materials, Website, e-mail communications, or any other method of communications related to our FOCUSED with Kristen Carder trainings, Products or Services at any time without notice. The restrictions imposed on you with respect to FOCUSED with Kristen Carder Membership, Training Materials, Products or Services, including but not limited to all of the disclaimers, limitations of liabilities and rights set forth in these Terms and Conditions, shall survive such termination of your access and apply in full force.
Third Party Links and Advertising
This Site may provide links or references to other sites. If Company has provided links or pointers to other websites, no inference or assumption should be made and no representation should be implied that Company is connected with, operates or controls these websites.
Company makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. Company disclaims any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that Company endorses the content of such sites. Where Company is offering its own content (or content of an affiliate) on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement.
Company takes no responsibility for third party advertisements which are posted on this Website, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Website, including, without limitation, with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of Company. You agree that Company shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, “Claims”) incurred as the result of any such dealings or as the result of the presence of such third parties on the Website, and you agree to indemnify Company and its affiliates from and against any Claims incurred as the result of any such dealings.
If you are interested in creating hypertext links to this Website, you must contact Company before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or Company, including its respective employees, agents, directors, officers, and shareholders.
Company is not responsible for the content or practices of third party websites that may be linked to this Website and makes no representation or warranty regarding such websites or their content. This Website may also be linked to other websites operated by companies affiliated or connected with Company. When visiting other websites, however, you should refer to each such web site’s individual “Terms of Service” and not rely on this Agreement.
FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY.
The information provided in or through this Website is for educational and informational purposes only and solely as a self-help tool for your own use. Enjoy!
NOT PROFESSIONAL ADVICE:
I have done my best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with a medical professional to address your particular situation. I highly recommend that you seek advice from a medical and/or mental health professional.
NOT MEDICAL ADVICE
I am not a doctor, psychologist, or psychiatrist, nor am I making myself out to be. The information contained in this Website is not intended to be a substitute for medical or mental health advice that can be provided by your own doctor, psychologist or psychiatrist. Although care has been taken in preparing the information provided to you, I cannot be held responsible for any errors or omissions, and I accept no liability whatsoever for any loss or damage you may incur. Always seek medical advice relating to your specific circumstances as needed for any and all questions and concerns you now have, or may have in the future. You agree that the information on our Website is not medical or mental health advice.
PERSONAL RESPONSIBILITY.
By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website.
NO GUARANTEES
My role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. I cannot predict and I do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background, dedication, desire, motivation, actions, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through this Website.
ASSUMPTION OF RISK
As with all situations, there are sometimes unknown individual risks and circumstances that can arise during use of my Website that cannot be foreseen that can influence or reduce results. You understand that any mention of any suggestion or recommendation on or through my Website is to be taken at your own risk, with no liability on my part, recognizing that there is a rare chance that illness, injury or even death could result, and you agree to assume all risks.
LIMITATION OF LIABILITY
By using this Website, you agree to absolve me of any liability or loss that you or any other person may incur from use of the information, products or materials that you request or receive through or on my Website. You agree that I will not be liable to you, or to any other individual, company or entity, for any type of damages, including direct, indirect, special, incidental, equitable or consequential loss or damages, for use of or reliance on my Website. You agree that I do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease or condition or issue, or any other type of loss or damage due to any act or default by me or anyone acting as our agent, consultant, affiliate, joint venture partner, employee, shareholder, director, staff, team member, or anyone otherwise affiliated with my business or me, who is engaged in delivering content on or through this Website.
INDEMNIFICATION AND RELEASE OF CLAIMS
You hereby fully and completely hold harmless, indemnify and release me and any of my agents, consultants, affiliates, joint venture partners, employees, shareholders, directors, staff, team members, or anyone otherwise affiliated with my business or me from any and all causes of action, allegations, suits, claims, damages, or demands whatsoever, in law or equity, that may arise in the past, present or future that is in any way related to my Website.
NO WARRANTIES
I MAKE NO WARRANTIES RELATED TO THE PERFORMANCE OR OPERATION OF MY WEBSITE. I MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, PROGRAMS, PRODUCTS OR SERVICES INCLUDED ON OR THROUGH THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Dispute Resolution
It is hoped that should we ever have any differences, we could be able to work them out amicably through a phone conversation or e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly in the state of Pennsylvania, in accordance with the American Arbitration Association Rules. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to FOCUSED with Kristen Carder via e-mail. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of your Payment made to date. No award of consequential or of any other damages may be granted to you.
By signing up/enrolling/purchasing for any of our Training Programs, Products and Services you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in e-mail, or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in Berks County, Pennsylvania and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Training Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.
Miscellaneous
- Governing Law. This Agreement shall be governed by the laws of the State of Pennsylvania, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction for any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in Reading, Pennsylvania.
- Entire Agreement. This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of Company, which are not included in this Agreement, shall be binding on Company or its affiliates.
- Neither you nor Company may modify or amend this Agreement, in whole or in part without the prior written consent of both you and an authorized representative of Company. However, Company may replace this Terms of Service Agreement from time to time and your subsequent use of the Website, or any content, programs or materials provided through the Website, will be subject in all respects to the terms and conditions of such terms of service in force at the time of such subsequent use. You are advised to check this Terms of Service Agreement regularly for any modifications.
- No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and Company. Company’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
- Whenever possible each provision of these Terms of Service shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these Terms of Service shall be prohibited, void, invalid, or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity, voidability, or enforceability without invalidating the remainder of such provision or the remaining provisions of this agreement. We and you agree that any ambiguity, vagueness or applicability of any provision of this agreement shall not be construed against the drafting party because of its being the drafter of this agreement. The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of this agreement. The Parties agree that no provision of this agreement shall be interpreted against the drafting party because of its being the drafter of it.
- This Agreement shall inure to the benefit of Company and its subsidiaries and affiliates. Any and all references in this Agreement to Company and its affiliates shall, where the context so permits include Company’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors, and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third-party content or third-party software on or through a link provided on the Site.
- Company may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign, delegate or transfer these Terms of Service or your rights or obligations hereunder in any way (by operation of law or otherwise) without our prior written consent.
Disclaimer
We can’t guarantee your results, earnings, future earnings as a result of this program or give professional/legal advice. Your results in your life and your business will be completely dependent on your understanding of the material and your effort to apply it.
Contacting Us
If there are any questions regarding this Terms of Use you may contact us using the information below.
I Have ADHD LLC
PO Box 6111
Wyomissing , PA 19610
focused@ihaveadhd.com
The Company’s Membership Program promotes diversity amongst its members. Therefore, the Company encourages all members to connect with one another and to learn about one another’s background, interests, hobbies, and points of view. The Company does not tolerate nor support any member’s 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.
The Company does its best to create a safe and welcoming space for all members, however, Company cannot guarantee that all members will follow these guidelines. Company, in its sole discretion, may remove any member’s comments, posts, content, or materials, however, Company does not have a duty to review all comments, posts, content and material shared within the Membership Program. Therefore, Company shall not be held liable for any member’s comments, actions, posts, content, or materials that result in another member’s trauma or discomfort.
The Company has created a safe space for all members to feel seen, respected and heard. Company encourages members to engage in respectful dialogue with one another. The Company does not support nor tolerate any disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, or mental or emotional abuse. Therefore, each member must demonstrate respect towards one another.
The Company reserves the right to offer additional Membership Program elements from time to time, for any subgroup of members. These additional Membership Program elements are a bonus, not a part of the services included in the base membership of the Membership Program. The selection of the members who may participate in any additional Membership Program elements is at the sole discretion of 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 TOU.
- Confidentiality
Company is not legally bound to keep your information confidential. You acknowledge that your communications with the Company are not covered by any doctor-patient privilege or other privilege.
Confidential information does not include information that:
- was in the Company’s possession prior to your participation in the Membership Program;
- is generally known to the public or in your circle of friends and family and co-workers; or
- the Company may be required by law to disclose.
You may use a screen name or pseudonym instead of your actual name for your participation in the Membership Program and public posts on the Company website and in third-party forums operated by the Company. However, you must sign up with the email associated with your Membership which will be visible to other members.
You agree that the Company shall not be liable for the disclosure of any of your information by another Membership Program member. You agree to keep all information you learn about other Membership Program members, their businesses (including their intellectual property), or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
The Company may record coaching calls and share them in the Membership Program, 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 Membership Program and Content.
- SMS Text Messaging
By opting in:
You authorize the Company to use autodialer or non-autodialer technology to send text messages to the cell phone number associated with your opt in (i.e., the number from which you send the opt in request). You do not have to opt-in or agree to opt-in as a condition of purchase.
You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt-in.
You consent to the use of an electronic record to document your opt-in. You can reply STOP to unsubscribe at any time.
Message and data rates may apply.
- Username and Password Security
To access certain features of the Membership Program, including any private membership areas, you may need a username and password. It is your responsibility to inform the Company before the Membership Program start date if you do not receive an email containing your password to access the Membership Program. 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 Membership 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 Membership Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.
- Live or In-Person Events
If you participate in any live or in-person event as part of the Membership 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 Membership Program. You agree to exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws while participating in the Membership 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 Membership Program or any person, facility, or property.
You consent to medical care and transportation in order to obtain treatment in the event of injury to you as Company, volunteers or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
If you choose to consume alcoholic beverages during any part of the Membership Program, you must do so responsibly and only if you are over the age of twenty-one (21).
The Company is not responsible for any personal item or property that is lost, damaged or stolen at or during the Membership Program.
- Personal Responsibility, Assumption of Risk, Release, Disclaimers
- You are voluntarily participating in the Membership 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.
- Your participation in the Membership Program does not establish a business advisor-client relationship of any kind between you, the Company, or anyone providing membership services on behalf of the Company.
- You represent and warrant to Releasees that you are able to safely participate in the Membership Program and have no medical condition that would make your participation in the Membership Program more hazardous. You acknowledge that you have had a physical examination and have been given a physician’s permission to participate, or that you have decided to participate in the Membership Program without the approval of a physician.
- Your participation in the Membership Program does not establish a doctor-patient, attorney-client, or counseling relationship of any kind between you, the Company, or anyone providing membership services on behalf of the Company.
- The Membership Program and Content provide information and education only, and do not provide any financial, legal, medical, or psychological services or advice. None of the Membership Program or Content prevents, cures, or treats any mental or medical condition. The Membership 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 Membership Program.
- You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.
- You acknowledge that, by engaging with the Company for the Membership 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 Membership 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 Membership 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 Membership Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Membership 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 is not responsible or liable for members of the Membership Program infringing on another other member’s intellectual property, content, or materials.
- The Company tries to ensure that the availability and delivery of the Membership 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 MEMBERSHIP 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 MEMBERSHIP 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 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 MEMBERSHIP PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE MEMBERSHIP PROGRAM.
- Security
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties
not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.
- Legal Disputes
These TOU shall be governed by and construed in accordance with the laws of the State of Pennsylvania without giving effect to its conflict of laws principles. The state and federal court nearest to Wyomissing, Pennsylvania shall have exclusive jurisdiction over any case or controversy arising from or relating to the Membership Program or Content, including but not limited to the Company’s Privacy Policy or these TOU. By using the Membership Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
- Users Outside United States
The Company controls and operates the Membership Program from offices in the United States. The Company does not represent that materials on the Membership Program are appropriate or available for use in other locations. People who choose to access the Membership Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Indemnification
You agree to defend, indemnify, release, and hold harmless the 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 Membership 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 Membership Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
- Force Majeure
The Company shall not be deemed in breach of this TOU if the Company is unable to complete or provide all of the Membership 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 Client of its inability to perform or of delay in completing or providing the Membership Program and shall propose revisions to the schedule for completion of the Membership Program or other accommodations or may terminate this TOU.
- General Provisions.
The Company may modify the terms of this TOU at any time. All modifications shall be posted on the Company’s website and members shall be notified via email. If any provision of this TOU is held invalid or unenforceable, the remainder of this 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. This TOU supersedes all prior written and oral representations.
[if possible, use this language in your sign up form with a box buyers are required to click saying they agree; they must be able to view the entire document either in a scroll box on the page or by clicking a link to view them somewhere else on your site BEFORE they click the “I agree” button]
By clicking on the box when signing up for the Membership Program, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document. If you do not agree with these TOU, do not purchase or use the Membership Program or Content.
Updated on June 15, 2023