Terms of use agreement

General

This page outlines and details this site’s Terms of Use. You are advised to read the terms carefully before using this site. Your use of this site is indication of your acceptance of these terms of use and your agreement to abide by them. If you don’t agree to these terms of use, please refrain from using this website.

Herebetygers.com is an Internet-based venue where Clients (“You,” “User,” or “Site User”) and Coaches primarily use the platform to initiate coaching and inspirational services. The Site and all Programs, Products, Materials, Experiences and Services (“Site,” “Site Services,” or “Services”) are owned, operated and provided by Jarod Cerf (“Owner,” “Site Owner,” “We”). The use of the Site Services is limited to individuals 18 years and older only.

By using any of our Services you are agreeing to the Terms of Use as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms of Use, please do not or cease to use our Services.

Modifications to this Agreement

We reserve the right to revise the terms of this Agreement, at any time and from time to time, for any reason in our sole discretion by posting an updated Terms of Use Agreement without advance notice to you. We shall post or display notices of material changes on the Site’s homepage or otherwise on the Site or e-mail you about these changes; the form of such notice is at our discretion. Once we post them on the Site, these changes become effective immediately and, if you use the Site after they become effective, it will signify your agreement to be bound by the changes.

Communication

Any questions regarding the Site, Services or Agreements may be sent to jarod.cerf@herebetygers.com

Disclaimer, Indemnification and Limitation of Liability

The suggestions, ideas or advice contained within this website, or material linked from this website, may not be suitable for everyone. The information is based on personal opinion and expertise regarding the subject matter. It is your responsibility to carefully investigate all aspects of any decisions or changes made as a result of utilizing the Site or Services.

The information contained herein was obtained from personal life experience and from sources believed to be reliable but are neither implied nor intend to offer any guarantee of accuracy. We are not qualified to dispense specific health, relationship or any other type of professional medical, spiritual, or psychological advice. Should such advice be needed, please seek services from a competent professional.

We particularly disclaim any liability, loss, or risk taken by individuals who directly or indirectly act on the information contained herein. We believe the advice presented here is sound, but readers cannot hold us responsible for either the actions they take or the results of those actions.

ELIGIBILITY; ADDITIONAL TERMS; BINDING AGREEMENT

This Site is governed by and operated in accordance with the laws of both the United States of America and its territories and possessions (“U.S.”). You must be at least 18 years of age or older to use this Site, but certain features on this Site may be subject to heightened age or other eligibility requirements. If you are not yet the site minimum age or, if for any reason, you do not agree with all of the terms and conditions contained herein, please discontinue using the Site immediately.

These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and us.

In this Agreement, the term “Site” includes all websites and web pages within or associated with the Site (such as third level domain names and other subdomains) as well as any equivalent, mirror, replacement, substitute or backup websites and web pages that are associated with the Site. By using this Site, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products or services which will be presented in conjunction with those products or services (“Additional Terms”), including, but not limited to, any terms that may be provided on the Site relating to the submission of content, media and materials. This Agreement will remain in full force and effect as long as you are a user of the Site and, in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement (including, but not limited to, the Privacy Policy and any Additional Terms), such as any indemnifications, warranties and limitations of liability.

The words “use” or “using” in this Agreement means any time a user, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below. This Agreement applies regardless of whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered.

DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE

You have the right to terminate your use of or participation in our Programs, Products or Services at any time by sending an email to Jarod.cerf@herebetygers.com

All sums payable under the Agreement shall become due immediately upon termination of the Programs, Products, Services, or Program Materials. After the Programs, Products, Services, or Program Materials have begun, any unused sessions will not be refunded but may be rescheduled for up to 6 months after the initial payment. Any unused sessions expire 6 months after initial payment.

We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services or Program Materials, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided upon purchase of the Program, Product or Service.

In the event of cancellation or termination by either of us, as soon as reasonably practicable after such notice, you shall make yourself available for a final Session. On or before the date of termination of the Programs, Products, Services, or Program Materials, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.

Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services or our Program Materials, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services or Program Materials at any time without notice and in our sole discretion.

All of the terms of this Terms of Use, including but not limited to all copyright, trademark, and intellectual property rights, disclaimers, limitations of liability, release of claims, and our Refund Policy will still apply now and in the future, even after termination by either party.

INTELLECTUAL PROPERTY

Our Limited License to You

Our Programs, Products, Materials and Services are our property or that of our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The content in our Services is solely owned by or licensed to us, unless otherwise indicated. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our Services or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use.

If you purchase or access any of our Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Services in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.

You are being granted a limited license to use our Services, with permission and restrictions. This means that when you purchase a Service from our Website or otherwise, you are purchasing the limited right to use said Services in the form that is provided by us to you with certain conditions as specified in these Terms of Use.

Permitted Use

You are permitted to download or print free resources from our Site or e-mail correspondence, e-letters, or other publicly shared information that are NOT a part of any paid Program, Product, or Service for your own personal or business use, but only provided that you give us credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include a link back to the Website pages from which the information was obtained. You may also download or print materials from our Services for your own personal use.

However, you are not permitted to share, sell, reprint, or republish any of our Services or related materials, including handouts, for resale or mass reproduction purposes for your own business use. Any trademarks, taglines, and logos displayed on our Services are trademarks belonging to us. All trademarks reproduced on or within this Site, which are not the property of, or licensed to us, are acknowledged on the Site. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.

For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools or Service titles or any other title or information of ours bearing the trademark symbols (TM) or ® may not be used by you for any reason without our express written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Information You Are Prohibited from Sharing with Others

When you enroll in or purchase our Programs, Products, or Services, you agree that you are clearly and expressly prohibited from doing the following:

You will not copy, share or steal our Programs, Products, Services, or Program Materials, or any parts of them.
You will not in any way use, copy, adapt or represent any of our Programs, Products, Services, or Program Materials
You will not engage in improper or unauthorized use of our Programs, Products, Services, and Program Materials.
You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Services, or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service, or Program Materials.
You will not reprint or republish any part of our Programs, Products, Services, or Program Materials for publication or compilation into your own products, programs, services, or program materials for your own personal use or business/commercial use or in any way that earns you money.
You will not use our Programs, Products, Services, or Program Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
You may not engage in improper or unauthorized use of our Program Materials or any other information related to our Programs, Products, or Services. Unless otherwise explicitly authorized in these Terms of Use, improper or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Program Materials or any other information accessed or purchased through our Programs, Products, or Services or any other communications provided by us to you promoting or relating to the Programs, Products, or Services.
You understand and agree that engaging in the prohibited use or the improper or unauthorized use of our Programs, Products, Services, or Program Materials as set forth in these Terms of Use is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.
You agree and understand that prohibited use, improper or unauthorized use may give rise to a civil claim for damages or be a criminal offense.

Limitations on Linking and Framing

You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, us, any of its successors and assigns, and any of its respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse or have any responsibility for any such third-party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, even if our logos or sponsorship identification is on the third-party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information or other information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how we collect and use your Personal Information and other information and certain of our relationships.

Your License to Us

By posting or submitting any material on or through our Programs, Products, Services, or Program Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

Media Release

Upon submitting any materials to us such as a comment, photo, image, video or any other submission for use on or through our Website, you are 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, or publicly perform or display such 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 our current or future Programs, Products, Services or Program Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Programs, Products, Services or Program Materials at any time for any reason whatsoever.

The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectible elements of the Site, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually or collectively, “Material”), are the property of the Site, and any of its successors and assigns, and any of its respective licensors (for example, certain software on this Site may contain software owned by third parties and Postings may be owned by you or third parties), Advertisers (as defined below), suppliers, and operational service providers and are legally protected under applicable U.S. and foreign laws, rules and regulations and international treaties. Unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes “Material” as well.

The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you are permitted to download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent from us if we are not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.

CONTENT

Any request for written permission to use our Services, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made before you wish to use it by sending an email to Jarod.cerf@herebetygers.com

We very clearly state that you may not use our Programs, Products, Services or Program Materials, in whole or in part, in any way that is contrary to these Terms of Use unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated 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 our Programs, Products, Services, or Program Materials.

Responsibility for Content; Our Right to Review, Monitor, Edit or Screen and Take Other Actions

Please note that any requests for removal do not ensure complete or comprehensive removal of the content or information from this Site. For example, content that you have posted may be republished or reposted by another user or third party. For more details on how you may delete certain Information, please see our Privacy Policy

Grant of Rights; Representations, Warranties and Covenants

Claims Regarding Content

If you believe that any content on the Site violates any of the terms of this Agreement you may contact us via email. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

Certain Rights of Removal for Content

Advertising

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties (collectively, the “Advertisers”), such as our advertisers, sponsors, or promotional partners, as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and, to the fullest extent permissible by law, we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

DISCLAIMERS AND LIMITATIONS OF LIABILITY

Disclaimers

Medical

The Site offers coaching services only and does not offer mental health psychotherapy or any other type of state-regulated mental health services. Although a Coach may be licensed to practice mental health counseling or psychology, we do not offer such services through this Site.

Our Services are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Services or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.

Legal and Financial

Our Programs, Products, Services, and Program Materials are not to be perceived or relied upon in any way as business, financial or legal advice.

Earnings

You acknowledge that we have not and do not make any representations as to the physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use or participation in our Services. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

Warranties

We make no warranties as to our Programs, Products, Materials, or Services. You agree that said Services are provided “as is” and without warranties of any kind, either expressed or implied.

Technology

We try to ensure that the availability and delivery of our Services is uninterrupted and error-free, including our content and communications through methods like our Website, private Facebook groups, email communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, eBooks, or any other materials provided by us to you. However, we 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.

Errors and Omissions

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs, Products, Services, and Program Materials.

Links to Other Websites

We may provide links and pointers to other websites maintained by third parties that may take you outside of our Programs, Products, Services, or Program Materials. These links are provided for your convenience and the inclusion of any link in our Programs, Products, Services or Program Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse, and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability.

Limitations of Liability

This site, and all materials, goods and services and postings are made available on an “as is” and “as available” basis, without any representation or warranty of any kind, express or implied (including, without limitation, warranties of merchantability and fitness for a particular purpose) or any guaranty or assurance the site will be available for use, or that all features, functions or operations will be available or perform as described. Without limiting the foregoing, to the fullest extent permissible by law, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions relating to your use of the site. You understand, acknowledge and agree that, to the fullest extent permissible by law, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the site, including, without limitation, postings and materials associated with your use of the site.

You understand and agree that, to the fullest extent permissible by law, we, and our respective successors and assigns, and any of its respective officers, directors, employees, agents, representatives, licensors, operational service providers, advertisers, or suppliers, shall not be liable for any loss or damage of any kind, direct or indirect, relating to the site or this agreement, including, but not limited to, compensatory, consequential, incidental, direct, indirect, special or punitive damages, however arising or caused, whether foreseeable or not, regardless of the form of action or the basis or characterization of the claim and even if advised of the possibility of damages. Without limiting the foregoing, the site is maintained on servers in the United States and disclaims all liability for any use not specifically authorized or that is in violation of this agreement or the laws or regulations that may apply to you in any jurisdiction or country.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this agreement may or does fail of its essential purpose, you specifically acknowledge and agree that, to the fullest extent permissible by law, your sole and exclusive remedy for any loss or damage shall be limited to having us, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this agreement and, if repair, correction or replacement is not reasonably commercially practicable for us, to refund any monies actually paid by you to us for the goods or services involved and to terminate and discontinue your use of the site. You further understand and acknowledge the capacity of the site, in the aggregate and for each user, is limited. Consequently, some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that we assume no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or postings or for any failure or delay associated with any postings and you are hereby expressly advised not to rely upon the timeliness or performance of the site for any transactions or postings. Some jurisdictions do not allow for the exclusion or limitation of certain warranties or the exclusion or limitation of incidental or consequential damages, so some of the exclusions and limitations described in this agreement may not apply to you.

Release of Claims

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Services and you hereby release us from any and all claims.

Programs, Products, Services or Program Materials, or on those affiliated with us in any way.

You are agreeing that you will not use our Programs, Products, Services, or Program Materials in any way that causes or is likely to cause the Programs, Products, Services or Program Materials, or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.

You must use the Programs, Products, Services or Program Materials for lawful purposes only. You agree that you will not use our Programs, Products, Services or Program Materials in any of the following ways:

For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
To send, negatively impact, or infect our Programs, Products, Services or Program Materials with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
To impersonate any third party or otherwise mislead as to the origin of your contributions
To cause annoyance, inconvenience or needless anxiety
To reproduce, duplicate, copy or resell any part of our Programs, Products, Services or Program Materials in a way that is not in compliance with these Terms of Use or any other agreement with us.

INDEMNIFICATION

You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, 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 our Programs, Products, Services, or Program Materials, or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.

You agree to indemnify, defend and hold the Site, and any of its successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.

THIRD PARTY SITES, ADS AND MALWARE

If you experience any unusual behavior on the Site, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your Device may interfere with your experience on our Site and on other sites that you visit.

We suggest that you take actions (such as installing reputable third party antivirus software) which may help to clean your Device, and which could monitor or prevent future installations of Malware.

Please note that we cannot be responsible for the effects of any third party software including Malware on your Device. Please make sure to carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your Device, we also suggest you speak with a qualified technician for your Device. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us via email at Jarod.cerf@herebetygers.com.

CONFIDENTIALITY AND PRIVACY

When you apply for, enroll in, purchase or use our Services, we may seek and collect personal data and information including but not limited to your name, email address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).

By providing such Confidential Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore, submitting Confidential Information, data or other information is done at your own risk.

While we do have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

Likewise, we take every precaution to protect our Services. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of our Services or the contributions or information transmitted to us on or through them or our Website. Submitting contributions or information on or through our Services is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of the use of our Services and you agree that you are assuming such risks.

Confidential Information

To use our Services, we may seek personal data or information including your name, e-mail address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in our Services (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms of Use and our full Privacy Policy which may be found on our Website. If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any Confidential Information found to be incorrect.

What We Do With Confidential Information

We request and require various personal data or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons:

for internal record keeping
to improve our Programs, Products, Services or Program Materials
to periodically send promotions about new Programs, Products or Services or other special offers from which you may unsubscribe at any time
for aggregate, non-identifiable data for research purposes
to customize the respective Programs, Products or Services you purchase or use according to your interests
for support or communication related to your Program, Product, Service or Program Materials

Confidentiality and Disclosure

All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information:

pursuant to this Terms of Use and Privacy Policy and our Disclaimer
if we are required to do so by law
in the good-faith belief that such action is necessary to conform to the law
to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates
to protect and defend our rights or property or those of our users or purchasers
to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public.

We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.

Viewing by Others

Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Services or our Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used by others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.

Cookies

We may use the standard “cookies” feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of our Services may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Services.

PURCHASES, REFUNDS AND WARRANTIES

Purchases

Client payments are made in advance through the Site. Payment processing services for the Site are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing as a Client for Services, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Site, enabling payment processing services through Stripe, you agree to provide accurate and complete information about you and your business, and you authorize to share it and transaction information related to your use of the payment processing services provided by Stripe.

If paying by Stripe, you give us permission to automatically charge your credit or debit card as payment for our Services without any additional authorization, for which you will receive an electronic receipt. Should you be provided with a Stripe invoice instead, you are required to manually pay it by the date due on the invoice or your use of or access to our Services will be put on hold until payment is made.

In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Services will not continue, and we reserve the right to cease your access immediately and permanently.

If you fail to make payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Programs, Products, or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Programs, Products, or Services.

All information obtained during your purchase or transaction for our Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.

You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information. You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services, and Program Materials for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.

Since we have a clear and explicit Refund Policy in these Terms of Use that you have agreed to prior to completing the purchase of any of our Programs, Products, or Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company. In the event that 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.

Refunds

Your satisfaction with our Services is important to us. However, due to the extensive time, effort, preparation and care that goes into creating or providing said Services, we do not have a refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Services, and no refunds will be provided to you at any time. By using or purchasing any of our Services, you understand and agree that all sales are final, and no refunds will be provided.

RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS

Binding Arbitration and Exclusions from Arbitration

Except as provided below or unless you submit a valid arbitration or class action waiver opt-out notice (as described in the respective section), any and all claims between both parties will be resolved in binding arbitration rather than in court.

Both parties agree to submit to individual arbitration the resolution of any and all claims by or between either party, except where we agree that the following will not be subject to the mandatory arbitration provisions in this section:

any claim filed by either party with respect to any violation, enforcement or validity of patent, trademark, trade dress, service mark, copyright or trade secret rights of you, us, or any third party, including, but not limited to, claims related to content that you upload to or share on the site or
either party may seek a preliminary injunction, restraining order or other provisional equitable relief in any court as provided in connection with any claim whereby either party, as applicable, may suffer immediate and irreparable harm for which money damages may be inadequate and impossible to calculate (including, but not limited to, a claim where such claim under the applicable section will not be subject to the informal dispute resolution procedures described in below; provided, however, that, subsequent to obtaining such preliminary injunction, restraining order or other provisional equitable relief, the claim will then be submitted to arbitration in accordance with the applicable section.

Both parties agree that this agreement affects interstate commerce, and that the enforceability of that section will be governed by, construed, and enforced, both procedurally and substantively, by the federal arbitration act, 9 u.s.c. sections 1-9 (“faa”).

Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination. There is no judge or jury in arbitration, discovery is more limited than in court, there are no class or representative proceedings, and court review of an arbitration decision is limited.

An arbitrator must follow this agreement and can award on an individual basis the same damages and relief as a court (including, but not limited to, injunctive and declaratory relief, statutory damages, and attorneys’ fees). “claim(s)” means any dispute, claim or controversy by or between either party relating to the site or this agreement (including, but not limited to, this site’s privacy policy and all additional terms, rules, regulations, procedures and policies which we refer to in this agreement), as may be modified from time-to-time, and the subject matter hereof, including, but not limited to, any contract, tort, statutory, or equity claims.

Informal Dispute Resolution

Should you ever have any differences with us, we hope that we would be able to work them out amiably with you through email correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. 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 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.

If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

Arbitration Proceedings and Costs

In the event that the Parties are unable to resolve any Claim informally, then such Claim shall be submitted to final and binding arbitration. The arbitration shall be initiated and conducted according to either the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures, except as modified herein, including the Optional Appeal Procedure, at the office of JAMS at the location set forth, or its successor (“JAMS”) in effect at the time the request for arbitration is made (the “Arbitration Rules”). If you initiate the arbitration proceedings, you must send a copy of any initiating forms to us, which should be sent to us at the following address:

Attention:

Jarod Cerf

129-4 South Highland Ave, Apt C3

Ossining, NY, 10562

Attn: Jarod Cerf

The parties agree that the costs of the arbitration (excluding attorney’s fees) will be shared pro rata to the extent permitted by law, except you agree to reimburse us for all fees associated with the arbitration (including attorney’s fees) paid by us in the event the arbitrator determines that the Claim(s) you assert in the arbitration are frivolous or vexatious. The arbitration shall be conducted before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator shall follow New York substantive law and the Federal Rules of Evidence in adjudicating the Dispute. In all cases, you and we shall exchange documents and other information that you or we intend to use in the arbitration. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Unless the Parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of any New York state or federal court with experience in matters involving the industry.

If either party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in New York County. The party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the party against whom enforcement is ordered. The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.

Class Action Waiver

Unless you submit a valid arbitration or class action waiver opt-out notice, both parties agree that any dispute resolution proceedings whether in arbitration or in court will be conducted only on an individual basis and not in a class, consolidated or representative action.

Both parties expressly agree that any Claim is personal to either party, shall only be resolved by an individual arbitration (or individual court proceedings with respect to Claims excluded from mandatory arbitration as described in this Agreement), and shall in no event be brought as a class arbitration, a class action, or any other representative proceeding. The arbitrator (or court if the Claim is excluded from mandatory arbitration as described in this Agreement) may only conduct an individual arbitration (or court action if the Claim is excluded from mandatory arbitration as described in this Agreement), and may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this class action waiver is unenforceable in an action between you and us, then this Agreement to arbitrate will be unenforceable. Neither you nor we consent to class arbitration.

Right to Opt Out of Mandatory Arbitration and Class Action Waiver

If you do not wish to be bound by the mandatory arbitration and class action waiver provisions, you must notify us in writing (the “arbitration or class action waiver opt-out notice”), where the arbitration/class action waiver opt-out notice meets all of the following requirements:

Sent by first class mail, postage prepaid, certified and return receipt requested or sent by overnight courier service (such as Federal Express) to Attention: Jarod Cerf
129-4 South Highland Ave, Apt C3 Ossining, NY, 10562
Attn: Jarod Cerf
Includes your first and last name, address, phone number, email address and, if applicable, your username if you are a registered user of the website(s), application(s) or other interactive services(s) along with an identification of the website(s), application(s) or other interactive services(s) for each such username. We shall use the foregoing information included in the Arbitration/Class Action Waiver Opt-Out Notice to record, process, maintain and administer you opt-out of the mandatory arbitration and class action waiver provisions and not for marketing purposes.
Includes a statement that you do not agree to the mandatory arbitration and class action waiver.

If the Arbitration or Class Action Waiver Opt-Out Notice meets all of the above requirements, you will be deemed to have opted out of the mandatory arbitration and class action waiver provisions in the respective sections with respect to all websites, applications or other interactive services (including, but not limited to, those owned, operated or provided by Us. Note that a valid Arbitration or Class Action Waiver Opt-Out Notice applies only to the individual identified in such notice as opting out.

If the Arbitration or Class Action Waiver Opt-Out Notice does not meet all of the above requirements, you will not be deemed to have opted out of the mandatory arbitration and class action waiver provisions in previous sections.

GOVERNING LAW, JURISDICTION, VENUE AND JURY TRIAL WAIVER

With the exception of the provision above that the enforceability is governed both procedurally and substantively by the FAA, this Agreement and your use of the Site is otherwise governed by, construed and enforced in accordance with the laws of the State of New York (without regard to that state’s conflict of laws rules).

Either party shall initiate arbitration in the United States county or territory in which they reside or, if you do not reside in the United States or one of its territories, in the non-United States country in which you reside; provided, however, that:

(a) We may request to transfer the arbitration to Westchester County, NY if it agrees to pay any additional fees or costs you incur as a result of the change in location as such additional fees or costs are determined by the arbitrator and to the maximum extent permitted by law and, upon such request

(b)(i) if you agree to such request, the arbitration shall be transferred to Westchester County, NY or (ii) if you do not agree to such request, we shall have right to request that the arbitrator determine the location in which the arbitration shall be held. You and us agree that any Claim that is allowed to proceed in court as set forth in this Agreement (including, but not limited to, as a result of your submission of a valid Arbitration/Class Action Waiver Opt-Out Notice), or otherwise proceeds in court in the event the agreement to arbitrate above is found not to apply to you or a particular Claim as a result of a decision by the arbitrator or a court order, is subject to exclusive jurisdiction and venue in the State or Federal Courts situated in the State of New York.

To the extent it may be applicable, you and we agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. If any Claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial.