PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
2. INTELLECTUAL PROPERTY RIGHTS
A) Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. “The Modern Life Coach School,” is a registered trademark of Defying Gravity, Inc and may not be used without express consent of the Company. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Pending completion of the Certified Identity-Based Life Coach Program and approval from The Modern Life Coach School team, students will be certified as a Certified Identity-Based Life Coach through the fifteenth day of the twelfth (12) month following certification. Thereafter, the term of this Agreement shall automatically continue in one-year increments if approved by The Modern Life Coach School and upon completion of any required continuing education credits. Coach shall pay The Modern Life Coach School the amount of the fee of the Identity-Based Coach Certification program for the Initial Term, and subsequent renewal term fees shall be determined in The Modern Life Coach School’s sole discretion according to the continuing education requirements, the cost of obtaining same, and any other fees and any other renewal costs (“Fee”).
Identity-Based Life Coaching Certification Licensing Fees
First year — $11,997 USD for an individual Coaching license
What is an Identity-Based Coach?
An individual trained and licensed by The Modern Life Coach School to coach their clients through overcoming limiting beliefs through rewriting their stories, creating a new identity, and launching and growing their business using The Modern Life Coach School frameworks, courses, and content.
OWNERSHIP & RIGHTS OF USAGE
The Modern Life Coach School maintains ownership of all intellectual property content and rights. A Certified Identity-Based Coach is licensed during the term to use The Modern Life Coach School content to fulfill their duties and utilize the accompanying privileges as a Certified Identity-Based Coach. It is expressly agreed that the purchase of a license is not a purchase or transfer of ownership of any The Modern Life Coach School proprietary materials or intellectual property.
INTELLECTUAL PROPERTY LICENSE NOTICE
Becoming a Certified Identity-Based Life Coach creates a limited, revocable, at-will, non-exclusive, nontransferable, non-assignable, nondelegable, and non-sublicensable license for the use and presentation of The Modern Life Coach School materials exclusively as provided herein. All other rights are expressly reserved by The Modern Life Coach School. The Modern Life Coach School materials are protected in whole and/or in part by state and federal copyright laws, trademark laws, and international treaty provisions. All title and copyrights in and to The Modern Life Coach School materials, including but not limited to any images, photographs, animations, video, audio, music, text, electronic applications, and accompanying printed materials incorporated into The Modern Life Coach School materials and any copies of materials associated with The Modern Life Coach School materials, are owned by The Modern Life Coach School. No one is authorized to copy any audio, video, lesson, or The Modern Life Coach School materials without the prior written consent of The Modern Life Coach School. If violated, The Modern Life Coach School may commence civil action seeking monetary damages, attorneys’ fees, injunctive relief, and, in appropriate circumstances, criminal prosecution, with all reasonable legal and attorneys’ fees to be paid by the infringer and/or third parties.
Licenses included in the Coaching Program
• One (1) license to the Identity-Based Coaching System
• One (1) registration to The Modern Life Coach School Certified Identity-Based Life Coach Program
• A limited license to reference or use The Modern Life Coach School materials to coach their clients
B) Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a 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 such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name or email address, as we deem appropriate. You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind and that we may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
C) Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
3. RESTRICTED USES
Specifically, by using the Site, you agree not do any of the following: (i) hack, copy, distribute, or disclose any part of the Site in any medium, including but not limited to by any automated or non-automated “scraping”; (ii) use any automated system, including but not limited to “robots,” “spiders,” “offline readers,” etc., to access the Site; (iii) transmit spam, chain letters, or other unsolicited email; (iv) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (v) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (vi) transmit any malicious software agents through the Site; (vii) collect or harvest any third-party personally identifiable information, including account names or Student Data (as defined below), from the Site; (viii) use the Site for any commercial solicitation purposes; (ix) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfere with the proper working of the Site; (xi) access any content on the Site through any technology or means other than those provided or authorized by the Company; or (xii) bypass the measures we use to prevent or restrict access to the Site, including but not limited to features that prevent or restrict use or copying of any content or enforce limitations on use of the Site.
4. INTERNATIONAL USE
This site is operated and controlled by us in the United States. Due to the global nature of the Internet, users in countries other than the United States may access this site. We make no warranties that materials on this site are appropriate or available for use in such locations. If it is illegal or prohibited in your country of origin to access or use this site, then you should not do so. Those who choose to access this site outside the United States do so on their own initiative and are responsible for compliance with all local laws and regulations.
Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site. If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Company. Neither Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Company neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any portion of the Site by anyone other than an authorized Company representative while acting in his/her official capacity.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING COMMENT FIELDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You agree at all times to defend, indemnify and hold harmless Company its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
7. ONLINE COMMERCE
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You agree to provide full and accurate billing information upon request and will notify us immediately if the information provided to us has changed if you have purchased an ongoing service. If you agree you are responsible for all outstanding debts, collection costs and attorney’s fees upon default. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods 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 information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
All sales are billed in United States Dollars (“USD”) as required by law. You agree that you are responsible for any international transaction fees.
You are purchasing access for one (1) person to use and access the TMLCS Coaching Campus as well as the Certified Identity-Based Life Coach Program (referred to throughout these Terms of Service as the “Certified Identity-Based Life Coach Program,” the “CIBLC Program” “Certified Life Coach Program” or the “Program”) from The Modern Life Coach School (TMLCS). You must be at least 13 years of age or older to purchase access to the Certified Identity-Based Life Coach Program. Children under the age of majority should review this Agreement with their parent or legal guardian.
10. PAYMENT POLICY
You are responsible to pay TMLCS tuition in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment method. If you select the payment plan option, your card will be charged the initial payment when you register and subsequent monthly payments automatically every 30 days there after, for the term of the payment plan.
If you have selected our payment plan option and you miss a payment, your account status will be changed to “delinquent.” You will lose access to the TMLCS Coaching Campus and all Content will be revoked seven (7) days after your payment declines.
If your account remains in delinquent status for longer than thirty (30) days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Company’s sole discretion until the account is caught up and in good standing.
To be clear, the Certified Identity-Based Life Coach Program is not a subscription payment model that can be canceled or a “pay in part” program where you can pay only for access to certain lessons and not others. This is a full immersion program, and your payment plan is a convenience that we offer.
The Refund Policy outlined below also applies to payment plans and you will be responsible for all payments in the payment plan.
11. REFUND POLICY
At The Modern Life Coach School, we are committed to building a community of the right people to support our mission. We believe you're either all in (and we'll be right there by your side) or you're all out. Because of this, we offer a risk-free money back guarantee. If by 5 pm Pacific U.S. time seven (7) days after purchase you don’t feel this program is right for you, simply email us at firstname.lastname@example.org and let us know and we will refund 100% of your money, no questions asked. Please note that eligibility for a refund has a firm deadline and also applies to payment plans, which means you will be responsible for all payments after the refund deadline at 5:00pm Pacific seven (7) days after your purchase, has passed.
Please do not enroll in the Certified Identity-Based Life Coach program if you just want to “check it out.” We have put an extraordinary amount of time and effort into creating this one-of-a-kind course, and we expect you to do the same. The Certified Identity-Based Life Coach Program is for serious students only.
If you have any questions about our tuition refund policy, please contact us at email@example.com.
12. MAKE YOUR MONEY BACK GUARANTEE POLICY
Our Make Your Money Back Guarantee states that if you follow the Program timeline and curriculum and you don't make your money back within 12 months of graduating from our Program, and you've followed the exact steps we’ve outlined for you in the Program to generate income including attending at least 80% of the LIVE Coaching Labs and LIVE Business Building Labs, we'll make up the difference (up to the total amount you paid).
After the initial refund period (7 days after enrollment), TMLCS tuition and Identity-Based Life Coach Certification is a non-refundable and non-cancellable Program, subject to applicable law. That being said, the Make Your Money Back Guarantee is designed to give you the safety net you need to go all in and take big action through the Program, knowing you'll make your money back one way or the other.
We're so confident you'll be successful within 12 months of graduating from the Identity-Based Life Coach Certification Program that if you don't earn back at least your initial investment, we'll pay you the difference of the two amounts - up to the total cost of tuition.
That means we personally guarantee your success in the Program.
It also means that there’s no financial risk in joining TMLCS's Certified Identity-Based Life Coach Program, because by the end of the full 12 months after you finish the Program, if you have fully followed all of the steps we describe in these Terms, you’ll have earned back the cost of the Program. And if you don’t, we’ll pay you!
To qualify, you will need to provide the following things:
1. Sign and submit your Student Enrollment Agreement by 11:59pm PT 3 days from date of purchase.
2. Follow the Program’s simple step-by-step instructions and put both the content in the Certification Program and the 6-Step Business Building Blueprint into action.
3. Use the support and the resources that are available to you.
4. Attend at least 80% of the Live Coaching Labs and Live Business Building Labs during your 6 month certification period, asking at least two relevant questions during the Labs.
Please review the guidelines below to make sure you meet our submission criteria.
Who can submit a guarantee claim?
To be eligible for the Make Your Money Back Guarantee your account must be in good standing and all payments up-to-date as of the last day of the program.
You can submit a Guarantee claim if you’ve done the following:
1. Complete All Lessons in the Certified Identity-Based Life Coach Program during your Certification Period.
To show that you've completed all videos and associated actions you must submit your completed workbooks for Classes 1 – 11 using the method outlined below by the official end of the certification period of the Program, which is 6 months from your enrollment date. You also must have completed all classes and successfully passed all quizzes and the Certification Exam in the program.
We will be able to view your progress through the course as well as when you completed each class, quiz, final exam, etc.
To submit this work, you will place it in Google Drive and send us the link. We will review all of the requested materials and make a decision within thirty (30) days of submitting your request
2. Completed All Videos and Associated Workbooks and Actions in the Business Building Blueprint (Classes 1-6)
To show that you've completed all classes and associated actions you must submit your completed workbooks for Classes 1 – 6 using the method outlined below by the official end of the certification period of the Program.
New classes are available weekly (except on your Recess week). We host Live Coaching and/or Business Building Labs on Thursdays – with the exception of every 4th week. This gives you time to watch the videos and take action before receiving coaching in the labs, because the Identity-Based Life Coach Certification isn't just a training Program, it's an implementation Program. So, you're not just watching videos, you're taking action to design, launch, and profit from your experience during our time together.
To submit this work, you will place it in the same Google Drive mentioned in step #1 above and send us the link. We will review all of the requested materials and make a decision within thirty (30) days of submitting your request.
3. Attended at least 80% of the Live Coaching & live Business Building Labs throughout the Program.
We host Live Coaching and/or Business Building Labs on Thursdays – with the exception of every 4th week. We know that getting the right support and guidance throughout the certification and business-building process will set you up to make your investment back-- so you're required to attend at least 80% of these labs during your certification period to maintain eligibility for the Guarantee. We track attendance for each lab.
4. Participated in the Live Coaching and Business Building Labs by Asking at Least 2 Questions During the Certification Period of the Program.
Help us, help you! Since we can only support you if you speak up, we require that you ask a minimum of two (2) questions on your Live Coaching and/or Business Building Labs during the certification period of the Program. Of course, you're welcome, and encouraged, to ask more. Questions must be relevant to the training and your progress in the Program and will be tracked in each lab.
5. Set up a way to drive traffic to clear offerings that can be purchased immediately.
Since making your money back involves actually making people aware of clear offers, it’s important that we can see you have both of those things in place.
That’s why we require you to send us screenshots and access to your social media accounts, ads, or any other way you’re getting traffic and then the offers on your website that you’re driving that traffic to. All offers must have a clear way to purchase or enroll immediately with clear pricing and terms.
6. Complete Enough Discovery Sessions to Make Your Money Back
After mentoring over 30,000+ coaches in 17 years, we can tell you that you can’t actually get to where you want to go in your business without actually talking to your ideal customers to find out what their pain points are, what they really need help with and what they’re willing to pay you for.
That’s why it’s so important for you to have Discovery Sessions (sales conversations) (with 30+ people). Please see Table 1 - # of Discovery Sessions Needed to Make Your Money Back below to determine the exact number.
You will also need to document your enrollment conversations using the process outlined below in the Addendum: Submitting Proof of Your Discovery Sessions
7. Be Coachable, Respectful, & Show a Willingness to Take Action
To get the most out of the Identity-Based Life Coach Certification and to make your money back, it's critical that you exhibit a coachable attitude and a willingness to take action.
If you’re not clear, don’t understand, or disagree with the coaching you receive -- you’re responsible for letting us know so we can work together to find a solution that works for you, the market, and your business.
We’re here to help you confidently make great money as a coach, but we can’t do that if you refuse or ignore our coaching or if you’re unable or unwilling to take action on the Program or the Coaching. If you repeatedly refuse or ignore our coaching, you’ll no longer be eligible for the guarantee.
If you can confidently answer “YES!” to all of the above, then we got you covered.
To claim the Make Your Money Back Guarantee, you must have graduated by the end of the 6-month certification period of the Program and we ask that you do and/or submit the following by our Guarantee Deadline:
• Watch all videos and complete all workbooks in the Certified Identity-Based Life Coach Program.
• Watch all videos and complete all workbooks in the Business Building Blueprint Program.
• Provide access to whatever means you use to generate traffic as well as offers you’ve made with dates included. Traffic sources could include social media, blog posting, podcasting, ads, etc. You can show the offers made in a variety of ways including on your social media accounts, or links to offers that you’ve made to potential clients, ads showing the same, publicity, etc. Dates of traffic and offers must fall within the certification period of the Program and/or the 12 months following.
• Provide your website where we can see the lead magnets you created, the emails you use to follow up and book Discovery Sessions with potential clients, and offers you have available. All offers must have a clear way to purchase or enroll immediately with clear pricing and terms.
• Keep your Discovery Session Log in your shared Google drive showing that you've completed enough enrollment conversations to make your money back. (See Addendum in your Student Enrollment Agreement for Documenting Your Discovery Sessions requirements.)
If you ever feel you need additional support, just contact us and we’ll work with you to make sure you fully understand all of the Program’s steps.
We’re certain of your success if you take each and every one of these actions – that’s why we’re taking the risk… so you don’t have to worry.
Submitting Your Documentation
• You must submit your request between the 548 day (18th month) and 578 day (19th month) after your enrollment into the Certified Identity-Based Life Coach Program at The Modern Life Coach School. This provides you with a full 12 months to make your money back after completing your certification within the certification period of 6 months and a full 30 days to submit your request. All requests must be submitted by 11:59pm Pacific Time (PT) on the 578 day after enrollment.
• All documentation must be in a shared Google Drive and submitted to us by emailing the link to firstname.lastname@example.org
• Claims submitted prior to the 548th day post enrollment will not be accepted.
• If you have any questions about this process, please contact email@example.com
Here’s what happens once your claim is submitted:
Once you’ve submitted your claim and materials, we’ll review it within 30 days and let you know via email if your claim has been approved or if we need any additional documentation. Once approved, you’ll receive notice via email and payment will be sent directly to you within 5 business days. It is within the Company’s sole discretion as to whether to grant or deny the request.
We’re confident that if you follow through on every step of this process, you’ll succeed.
But if you don’t get results for some reason, just show us you put in all the effort and we’ll give you up to your cost of tuition back.
Company Discretion: After submitting your materials, it is within the Company’s sole discretion to grant or deny the Earn Your Money Back Guarantee.
The Certified Identity-Based Life Coach (CIBLC) Program was designed to get you to take action and transform your life and others right away! The program lasts 6 months and you must take and pass the final exam with a score of 80% or higher by the end of the certification period (6 months after enrollment) to graduate as a Certified Identity-Based Life Coach through The Modern Life Coach School (TMLCS). If you purchased TMLCS program and graduate within the certification period (six (6) months after enrollment) you will have Lifetime Access to TMLCS, for the life of the program. You’ll continue be a member of our private community and able to attend the coaching and business building labs for the life of the program so you can connect, collaborate, and continue to learn and grow yourself and your business!
If you are on our payment plan and your account acount becomes delinquent, your access to TMLCS Coaching Campus will be revoked until your account is made current.
If you DO NOT take and pass the final exam with a score of 80% or higher within the certification period (6 months after enrollment) your access to TMLCS will be revoked. To reinstate your access to TMLCS and to graduate you will be charged a one-time Extension Fee of $500. Once your access has been reinstated you will have 60 days to take and pass the certification exam or you will permanently lose access to the Coaching Campus and all courses inside and NOT graduate as a Certified Identity-Based Life Coach.
14. INTERACTIVE FEATURES
A) Participant Responsibility. This Site may include a variety of features, such as comment fields and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on comment fields and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:
• Restrict or inhibit any other user from using and enjoying the Site.
• Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
• Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
• Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
• Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.
• Purchase, download or copy any products or services from this site and use to pirate said content.
• Company may host message boards, chats and other public forums on its Sites. Any user failing to comply with the terms and conditions of this Agreement may be expelled from and refused continued access to, the message boards, chats or other public forums in the future. Company or its designated agents may remove or alter any user-created content at any time for any reason. Message boards, chats and other public forums are intended to serve as discussion centers for users and subscribers. Information and content posted within these public forums may be provided by Company staff, Company’s outside contributors, or by users not connected with Company, some of whom may employ anonymous usernames.
• Company expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through these forums. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Company or any of its subsidiaries or affiliates.
C) Passwords. To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. If you share or disclose your password we reserve the right to permanently revoke your access to our Site. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We reserve the right to revoke your access for any reason or no reason. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
15. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
You acknowledge and agree that no representation has been made by Company or its Affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in or purchase of any product or service on this Site.
All links are for information purposes only and are not warranted for content, accuracy or any other implied or explicit purpose.
A) DMCA. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Company infringe your copyright, you, or your agent may send to Company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Company a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Company’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: firstname.lastname@example.org.
B) Assignment. This Agreement shall be binding upon and inure to the benefit of Company and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Company. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Company to any affiliated entity or any of its wholly owned subsidiaries.
D) Resolution of Disputes. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration. If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf your behalf, you agree you are responsible for any and all arbitration and attorney fees. You relinquish your right to participate in class action court proceedings against Company.
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17. CONTACTING US
If there are any questions regarding these Terms and Conditions, you may contact us at email@example.com.