PARTY A REFERS TO THE OWNER OF THE PARENT ACCOUNT WHO ASSUMES RESPONSIBILITY FOR ALL SUBACCOUNTS ASSOCIATED WITH THE PARENT ACCOUNT. PARTY A IS RESPONSIBLE FOR ALL INFORMATION AND ACTIVITY, INCLUDING BUT NOT LIMITED TO POSTINGS AND CONTENT GENERATED, ON THE PARENT ACCOUNT AND ALL RELATED SUBACCOUNTS.
THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION CLASS AND CLASS ACTION WAIVER THAT REQUIRES YOU TO RESOLVE DISPUTES WITH PARTY B ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. PLEASE READ SUCH TERMS AND CONDITIONS CAREFULLY BEFORE accessing OR using the Services.
In this Agreement, “Party A” or “You” refers to the individual who purchases the course(s), membership(s) or any other content offered by Party B. “Party B” refers to “JDC Innovations, LLC.”
A Contributor is any person or persons who generate content, courses, services or materials or participates in live events or communications under the specific direction of JDC Innovations, LLC. Contributors do not include any person or persons who have entered into an agreement with Party B as Party A or users of Party A’s subaccounts. The company assumes Content, Courses, Services, Communications and Materials generated by the Contributor(s) as originating by the company and is subject to the following agreements and protections as Party B.
Section 1 The Execution and Enforcement of this Agreement
- When Party A registers an account on Party B’s website, Party A shall submit accurate and complete information including the name and other related materials. Party A shall be responsible for and shall indemnify Party B from any losses or damages resulting from the inaccurate, misleading or ambiguous information provided by Party A.
- To purchase a Membership, Course or any other Content from Party B, Party A shall (i) be at least 18 years old; (ii) have read, understood and accepted the terms and conditions herein and Party B’s Policies; and (iii) agrees to read and accept any updates, amendments, or supplements to Party B’s Policies, which may be posted from time to time on Party B’s website. By purchasing any Membership, Course or Content on Party B’s website, Party A shall be deemed to have acknowledged and fully understood all the terms and conditions herein and shall have agreed to be bound by this Agreement. If Party A elects to access or use the Services that involve payment of a fee, then he or she agrees to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If Party A provides credit card information to pay for such fees then he or she hereby represents and warrants that he or she is authorized to supply such information and hereby authorizes Party B to charge his or her credit card on a regular basis to pay the fees as they are due.
- A “Student” or “Party A’s Student” means the student(s) who uses a student account on the Parental account purchased by Party A on Party B’s website. Party A, as a parent or a legal guardian, could open several student accounts after registration. Each Student account can only be created for and used by one student. All Student accounts under Party A’s account share the access to the Memberships, Courses and other Content in Party A’s account. Before a Student account can be accessed on Party A’s account, the parent will provide a username for and academic level of the student. This information will be used to place the student in the appropriate educational bracket for access to age appropriate Content, Forums and other Services on Party B’s website. The Student in a Student account shall not be replaced and no other student(s) can be added to the Student account during the duration of Party A’s Membership on Party B’s website. Party A may not transfer his or her account or any Student account to any other person or use anyone else’s account at any time. In cases where Party A has authorized or registered another individual, including a minor, in a student account, Party A is fully responsible for (i) the online conduct of such Student; (ii) controlling that Student’s access to and use of the Services; and (iii) the consequences of any misuse. Any and all information including personal identifiable information that is disclosed from a Parent account or an associated subaccount (student account) opened on a Party A’s account is considered to have originated directly from Party A Parent Account. Party B or any of its members, employees, officers, subsidiaries, parent companies, contributors or affiliates cannot be held liable for any reason for its public disclosure. Party A assumes complete and full responsibility for any disclosure of any of this information on Party B’s website, courses, content, services, live events or any other forms of communication that originates from the Parent or Student accounts or users associated with Party A.
Section 2 Payment and Refund
- Party B’s website is a membership website. Payments will process automatically on the schedule party A selected at the time of purchase (yearly, quarterly, or monthly). Trials: $1 trials will automatically renew 14 days from signup unless cancelled by Party A. Free trials will automatically renew 30 days from signup unless cancelled by the Party A.
- All cancellations must be requested at least 48 hours prior to the payment date. Current renewal rates can be found at https://h4rl.com/membership. There are no refunds on monthly memberships, trials, or onetime purchases associated with trial promotions.
Section 3 The Rights and Responsibilities of the Parties
- Party A represents, warrants and covenants the following:
(a) Party A or the Students in Party A’s account will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services.
(b) Party A or the Students in Party A’s account will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information.
(c ) Party A or the Students in Party A’s account will not copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any Party B’s content, the Services or Courses except as permitted by this Agreement.
(d) Party A or the Students in Party A’s account will not frame or embed the Services to circumvent the Services.
(e) Party A or the Students in Party A ‘s account shall not otherwise engage in activities that Party A knows or should have reasonably known adversely affect the daily operation of Party B’s Services or its website.
(f) Party A and Party A’s Student shall not disparage Party B’s performance, or distribute any false or misleading statement or otherwise take any action which could reasonably be expected to adversely affect the personal or professional reputation of Party B or Party B’s employees.
(g) Under no circumstances should Party A and Party A’s Student sell or otherwise transfer part or all of the purchased Memberships, Course or any other Content or Services to any third party in any manner. Party A or Party A’s Student will not impersonate another person or gain unauthorized access to another person’s account for Party B’s Services.
(h) Party A agrees to prepare the internet access equipment and other software and equipment needed for using the Memberships, Courses or other Content or Services.
(i) To protect the privacy and interests of other users of the Services and Students in other users’ accounts, Party A and the Students in Party A’s account shall not solicit, collect, probe, or ask for the private information of other Students, users or employees of Party B, including but not limited to personal information, contact information, personal network or financial status.
(j) Party A and student users associated with Party A enter and participate in Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site, and gain access to the materials contained thereon at Party A’s own risk.
(k) Party B does not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site. Party A agrees and acknowledges that Party A assumes the risk of any actions Party A takes in reliance upon the information that may be contained in Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site.
(l) Party A is fully responsible for Party A’s own statements and materials that any user on Party A’s account posts in Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site and any consequences, whether or not foreseen, to any party who may rely upon these statements. Party A agrees that Party A will not take any action directed towards attempting to hold Party B responsible for any such materials or statements.
(m) As a participant(s) in Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site, Party A agrees that Party B may remove any materials from Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site for any reason, in Party B’s sole discretion, or for no reason at all. This includes any material Party B deems disruptive, abusive, offensive, illegal, vulgar, or any other material not appropriate for the site for any reason. Party A holds Party B harmless from and against any damage Party A or others may suffer as a result of Party B’s removal of any content from Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site or from the discontinuance of Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site at any time.
(n) Party B has the right to remove, expel, or disqualify any party from participation and access to Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site for any time and for any reason, or for no reason whatsoever, in Party B’s sole and absolute discretion. This includes, but is not limited to any violation of this agreement, disruptive behavior, complaints from other parties, any allegedly illegal activity, or for any other reason or for no reason at all.
(o) Party B reserves the right to terminate Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site at any time and all users hold Party B harmless from and against any claims, damages, suits, threats, demands, liabilities, actions, causes of action, or injuries that may result therefrom, including but not limited to any consequential, incidental, and special damages of every nature and type.
(p) Party A holds Party B harmless from, and indemnifies Party B against, any and all claims for damages from third parties arising from any participation, use or conduct by any user on Party A’s account in Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site.
(q) All users of Party A’s account will not:
(1) Use Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site for any illegal purpose.
(2) Place any material in Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site that violates the copyrights, trademarks, trade secrets, confidential information or other rights of any other party.
(3) Place any material in Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site that contains a false statement about any person, infringes upon the privacy rights of any other person, or threatens, harasses, abuses, discourages or embarrasses any other person.
(4) Place any obscene, pornographic, sexually explicit or violent materials, graphics, photographs, text or otherwise in Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site.
(5) Place any advertising, attempted business solicitation, marketing materials or sales promotional materials in Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site.
(6) Pretend to be another person that you are not.
(7) Place materials in Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site that are disruptive or off-topic.
- Party B represents, warrants and covenants the following:
(a) Party B reserves the right to terminate, suspend, modify, or delete, at its sole discretion, (a) any Memberships, Courses and/or Content or any Service; and (b) Party A’s or Party A’s Student’s access to its Services or Party A’s account, as follows:
(1) If Party A or any Student in Party A’s account breaches or violates this Agreement or any of the Policies, as posted on Party B’s website from time to time, Party B may take action immediately without prior notice to Party A. If Party B takes action pursuant to this section, Party B shall not have any liability to Party A for any Memberships, Courses, Content or Services Party A may have purchased nor for any other use of the Services associated with Party A’s account. For avoidance of any doubt, Party A understands and agrees that it will not be compensated nor be eligible for any refund under any circumstances for any such access lost to the Services, including without limitation to the Membership, Courses, Content or Services purchased;
(2) Party B may also take action for any reason or no reason, in which case Party B will provide prior notice to Party A of any of the above changes through Party B’s website or other manners of communication set out herein.
(b) Party B does not monitor or screen communications on Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site and Party B is not responsible for any material that any of Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site participant posts and Party B does not assume the responsibility to do so. In the event that Party B is notified by any party that any communications contained in Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site is contrary to these terms, Party B may, but is not obligated to, investigate the situation and determine in Party B’s own discretion, whether to remove such communication from Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site. Party B has no liability or responsibility to investigate or remove any content from Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site based upon a complaint or otherwise.
(c) Party B does not endorse or lend any credence for any statements that are made by any participant in Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site. Any opinions or views expressed by Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site participants are their own. Party B does not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.
Section 4 Personal Information and Confidentiality
- If there is any change to any information provided by Party A, Party A shall promptly inform Party B by email at email@example.com. Party A will be responsible for any loss or damages to both parties resulting from Party A’s failure to promptly notify Party B of such change.
- Party A agrees to properly keep the confidentiality of his or her account and password. Party A is responsible for the activity of any person (including the Students) who uses the account and the password. If the Student’s account or password is misused, Party A shall immediately notify Party B’s employee and request Party B to suspend the Services. Party A shall not disclose, lend, transfer or assign its account and password to any third party. Party B may temporarily suspend the use of Party A’s account if Party B reasonably suspects that Party A has breached its obligation under this Subsection 3. Party B may terminate this Agreement and all Services with respect to Party A immediately upon actual knowledge of Party’s A’s breach of its obligation under this Subsection 3.
- Without Party B’s explicit written consent and authorization, Party A shall not, in any way, provide or disclose to any third party any technical data, trade secrets and other confidential or proprietary information he or she obtained by accessing to or use Party B’s website or Services under this Agreement. If Party A breaches his or her obligation under this Subsection 4, Party B has the right to terminate this Agreement and all Services with respect to Party A immediately, and Party A shall be liable for any losses or damages suffered by Party B due to Party A’s breach.
Section 5 Intellectual Property
- Party B has the ownership of and all intellectual property rights, including and not limited to copyrights, in the following materials: (1) all the materials prepared by or for Party B for the Memberships, Courses, Content and other Services (including but not limited to textbooks, courseware and relevant training materials); (2) all the materials generated from the teaching process (including but not limited to any teaching videos and teaching schemes); (3) software, programs and contents displayed, used, or provided on Party B’s website; and (4) any other materials, content or technologies created by or for Party B in connection with providing the Services (the “Company Materials”). Party B hereby grants Party A and the Students in Party A’s account a limited, non-exclusive, non-transferable license to access and use the Company Materials solely for the Students’ personal, non- commercial, educational purposes through the Services, in accordance with this Agreement and any conditions or restrictions associated with particular Courses or Services. All other uses are expressly prohibited absent express written consent by Party B. Without Party B’s consent, Party A and the Students in Party A’s account shall not, at any time (during the term of and after the termination of the Agreement), (i) use the above mentioned Company Materials for commercial purpose; (ii) translate, copy, broadcast, edit, or otherwise reproduce or create derivative works of the above mentioned Company Materials in any way; and (iii) disclose, sell, share, license, or otherwise redistribute or transmit the above mentioned Company Materials to any third party.
- All Supplied Content from Party A’s account: By accessing Party B’s forum, bulletin board, chat room, or any other user interactive area of Party B’s site, and placing any information in any of those areas, Party A hereby grants Party B a perpetual, irrevocable, royalty free license in and to such materials, including but not limited to the right to post, publish, transmit, distribute, create derivative works based upon, create translations of, modify, amend, enhance, change, display and publicly perform such materials in any form or media, whether now known or later discovered. Party B also grants to other user accounts who access the forum, bulletin board, chat room or any other user interactive area of our site a perpetual, non-revocable, royalty free license to view, download, store and reproduce postings of Party A but such license is limited to the personal use and enjoyment of such other party.
Section 6 Non-Solicitation
- Party B’s employees are important human resources to Party B’s existence and development. Party A agrees not to in any way, solicit, request, invite or otherwise cause any of Party B’s employees to terminate the contract or employment relationship with Party B and/or accept a position for similar function (whether full-time, part-time, or temporary) offered by Party A or other individuals or organizations unaffiliated with Party B, during the term and within one year after the termination of this Agreement.
- In the event of any breach of the foregoing non-solicitation obligation by Party A, Party A shall be liable for penalty to Party B in an amount that equals to two times the annual payment earned by the solicited person from Party B immediately before the termination of the relationship with Party B.
Section 7 Liability for Breach of this Agreement
Subject to the Limitation on Liability provision in Section 10.2, if Party A breaches its representations, warranties, covenants or obligations under this Agreement, Party A shall be liable for all the losses and damages incurred by Party B as a consequence of this breach.
Section 8 Disclaimers; Limitation of Liability; Indemnity
THE SERVICES, COURSES, COMPANY MATERIALS, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE USE OF THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PARTY B AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. PARTY B AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT PARTY A’S USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY SERVICES AVAILABLE ON ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF PARTY B OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE THROUGH THE USE OF THE SERVICES, OR ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. PARTY A’S USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SERVICES PROVIDED ON ANY THIRD PARTY PLATFORM, ARE ENTIRELY AT HIS OR HER OWN RISK.
- Limitation of Liability.
PARTY B SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES. PARTY B SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF PARTY A’S USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES EVEN IF PARTY B HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PARTY B SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PARTY B’S REASONABLE CONTROL. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. OTHER THAN FOR THE TYPES OF LIABILITY THAT CANNOT BE LIMITED BY LAW, PARTY A AGREES THAT PARTY B’S LIABILITY TO PARTY A IS LIMITED TO 100% OF ANY AMOUNT PARTY A HAS PAID UNDER ITS ACCOUNT WITH PARTY B.
IN CONSIDERATION FOR USING THE SERVICES, PARTY A AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PARTY B AND ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, DAMAGES (INCLUDING CONSEQUENTIAL, COMPENSATORY, OR PUNITIVE DAMAGES), AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (I) PARTY A’S USE OF THE SERVICES; (II) PARTY A’S BREACH OR VIOLATION OF ANY REPRESENTATIONS, WARRANTIES, COVENANTS CONTAINED IN THESE TERMS; (III) PARTY A’S VIOLATION OF ANY FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS; AND (IV) PARTY A’S VIOLATION OF THE RIGHTS OF ANY THIRD PARTY.
- Earnings Disclaimer.
(a) The information presented in this Website is intended to be for Party A’s educational and entertainment purposes only.
(b) Party B is not presenting Party A with a business opportunity, a distributorship, opportunity to get rich, or making any claims as to income Party A may earn.
(c) Before embarking on any endeavor, Party A should use caution and seek the advice of Party A’s own personal professional advisors, such as Party A’s attorney and Party A’s accountant.
(d) Where income figures are mentioned (if any) by Party B, those income figures are anecdotal information passed on to Party B concerning the results achieved by the individual sharing the information. Party B has performed no independent verification of the statements made by those individuals. Party B should not assume that Party A will make those same income figures.
(e) Party A should not construe any statement in this website as a claim or representation of average earnings. There are NO average earnings. Testimonials and statements of individuals are not to be construed as claims or representations of average earnings. Party B cannot, does not, and will not make any claims as to earnings, average, or otherwise.
(f) Success in any endeavor is based on many factors individual to Party A. Party B does not know Party A’s educational background, Party A’s skills, Party A’s prior experience, or the time Party A can and will devote to the endeavor.
(g) Party A should perform its own due diligence before embarking on any course of action. Party A should follow the advice of Party A’s personal qualified advisors.
(h) There are risks in any endeavor that are not suitable for everyone. If Party A uses capital, only “risk” capital should be used. There is no guarantee that Party A will earn any money using any of the ideas presented in Party B’s materials.
(i) Examples in Party B’s materials are not to be interpreted as a promise or guarantee of earnings. Many factors will be important in determining Party A’s actual results and no guarantees are made that Party A will achieve results similar to Party B’s or anybody else’s.
(j) No guarantee is made that Party A will achieve any result at all from the ideas in Party B’s material. Party A agrees that Party B will not share in Party A’s success, nor will Party B be responsible for Party A’s failure or for Party B’s actions in any endeavor Party A may undertake.
(k) Party A must understand that past performance cannot be an indication of possible future results.
(l) Materials in Party B’s product and Party B’s website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give Party B’s expectations or forecasts of future events. Party A can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements in Party B’s materials are intended to express Party B’s opinion of earnings potential. They are opinions only and should not be relied upon as fact.
- Career and Educational Disclaimer.
(a) The information presented in this Website, Live Events or Career Coaching Sessions is intended to be for Party A’s educational and entertainment purposes only.
(b) Party B does not claim to be nor does Party B claim to employ a career counselor. Before acting on any career or educational opportunities Party A should use caution and seek the advice of Party A’s own personal professional advisors such as a career counselor. All information provided related to careers including during career coaching sessions is for educational and information purposes only. Party A should follow the advice of Party A’s personal qualified advisors.
(c) Party B does not claim to be nor does Party B claim to employ a professional curriculum developer and does not claim that any content provided in the website will ensure that the students meet the educational standards applicable to them. All information related to teaching instructions, educational evaluation and curriculum development is for informational and entertainment purposes only. Party A should perform its own due diligence before embarking on any course of action. Party A should follow the advice of Party A’s personal qualified advisors.
(d) Success in any endeavor is based on many factors individual to Party A. Party B does not know Party A’s educational background, Party A’s skills, Party A’s prior experience, or the time Party A can and will devote to pursuing a career option or ability to apply any educational material provided by Party B.
(e) There are risks in any endeavor that are not suitable for everyone. If Party A uses capital, only “risk” capital should be used. There is no guarantee that Party A will achieve any career or educational success or satisfaction using any of the ideas presented in Party B’s materials.
(f) Examples, information and advice in Party B’s materials are not to be interpreted as a promise or guarantee of earnings, educational, career or life success. Many factors will be important in determining Party A’s actual results and no guarantees are made that Party A will achieve results similar to Party B’s or those of anybody else.
(g) No guarantee is made that Party A will achieve any result at all from the ideas in Party B’s material. Party A agrees that Party B will not share in Party A’s success, nor will Party B be responsible for Party A’s failure or for Party B’s actions in any endeavor Party A may undertake.
- Mental Health and Parenting Information Disclaimer
(a) The information presented in this Website is intended to be for Party A’s educational and entertainment purposes only.
(b) Party B does not claim to be or employ a mental health professional or parenting consultant in any manner. Before embarking on acting on any mental health or parenting related advice, Party A should use caution and seek the consultation with Party A’s own personal mental health or parenting professionals such as a certified mental health counselor. All information provided related to mental health and parenting related issues is for educational and information purposes only. Party A should perform its own due diligence before embarking on any course of action. Party A should follow the advice of Party A’s personal qualified mental health or professional parenting advisors.
(c) Examples in Party B’s materials are not to be interpreted as a promise or guarantee of mental health or parenting results or life success in any form. Many factors will be important in determining Party A’s actual results and no guarantees are made that Party A will achieve any results.
(d) No guarantee is made that Party A will achieve any result at all from the ideas in Party B’s material. Party A agrees that Party B will not share in Party A’s success, nor will Party B be responsible for Party A’s failure or for Party B’s actions in any endeavor Party A may undertake.
- Disclaimer of Warranties.
(a) The information on this site is provided on an ”as is,” “as available” basis. Party B agrees that use of this site is at your sole risk. Party A disclaims all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of: merchantability, fitness for a particular purpose, and non-infringement. Party B’s sole and exclusive remedy relating to Party A’s use of the site shall be to discontinue using the site.
(b) Furthermore, Party B does not warrant that use of the site will be uninterrupted, available at any time or from any location, secure or error-free, that defects will be corrected, or that the service is free of viruses or other harmful components. Party B, their subsidiaries, vendors and affiliates disclaim any responsibility for the deletion, failure to store, or untimely delivery of any information or materials, and any material downloaded or otherwise obtained through the site. Use of the site’s services is done at your own discretion and risk, and Party A will be solely responsible for any damages to Party A’s computer systems or loss of data that may result from the download of such information or material.
(c) Party B shall not be responsible or liable to providers or any third parties under any circumstances for any indirect, consequential, special, punitive or exemplary damages or losses, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses which may be incurred in connection with Party B or the site, or use thereof, or any of the data or other materials transmitted through or residing on the site or any services, or information purchased, received or sold by way of the site, regardless of the type of claim or the nature of the cause of action, even if Party B has been advised of the possibility of damage or loss.
Section 9 Jurisdiction and Dispute Resolution
- Governing Law and Language.
The formation, performance, interpretation and dispute resolution of this Agreement shall be governed by and construed in accordance with the laws and regulations of Franklin County, Ohio.
- Mandatory Arbitration.
(a) Any dispute or claim arising out of or relating to (1) this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, or (2) Party A’s access to or use of the Services at any time, whether before or after the date Party A agrees to this Agreement shall be resolved by the parties through amicable negotiation, by e-mailing Party B at firstname.lastname@example.org first. If the dispute cannot be resolved through negotiation, the parties agree that any such dispute or claim will be settled by arbitration by an arbitrator with appropriate jurisdiction over Franklin County, Ohio, and not in a court of law. The parties hereby consent and submit to the exclusive jurisdiction of such arbitration; (3) waive any objection to that choice of forum based on venue or to the effect that the forum is not convenient; provide that Party B reserves the right to bring its claims seek injunctive or other reliefs for Party A’s breaches of Sections 1, 4, 5 and 6 in a court of competent jurisdiction.
(b) A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration. Unless the parties otherwise agree, the arbitration will be conducted in Franklin County, Ohio.
(c) Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect.
(d) Party A holds the sole responsibility to pay any court filing, administrative and arbitrator fees for any claim that Party A brings against Party B.
- Party A acknowledges and agrees that, by agreeing to the Terms, Party A is waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless otherwise agreed in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.
If any portion of this mandatory arbitration clause is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this clause; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the mandatory arbitration clause or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the mandatory arbitration clause; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
Section 10 Miscellaneous
- Termination. After the Memberships, Courses, Content or other Services in Party A’s account are completed, or the Services with respect to Party A are terminated earlier pursuant to Section 1, 4.3, 4.4 or 10.2, this Agreement shall be terminated automatically and Party A’s account shall expire immediately. The termination of this Agreement will not affect the validity of the provisions pertaining to confidentiality, intellectual property and non-solicitation set forth in Section 4, Section 5 and Section 6 herein, respectively.
- Modifications. Party B is entitled to amend this Agreement and the Policies and other content on Party B’s website from time to time. If an amendment materially changes the terms and conditions in this Agreement or the Policies, Party B will notify Party A through Party B’s website or other prominent manners of communication provided herein. The amended Agreement or Polices will come into force once posted on Party B’s website and will supersede the previous Agreement or Policies. Party A shall log into his/her account to review the amended Agreement. In case of disagreement of the amended agreement, Party A shall notify Party B in writing (including email) and immediately stop using the Services pursuant to the Agreement. Party A will be deemed to have accepted the amended Agreement, if Party A fails to object to such amendment in writing within two (2) business days or any Student in Party A’s account continues to take any Course thereafter.
- Severability. If any provision hereof is held to be invalid or unenforceable, in whole or in part, for any reasons, such provision or part thereof shall to that extent be deemed not to form part of this Agreement. The remaining provisions of this Agreement shall remain valid and binding.
- Assignment. Party A may not assign or transfer this Agreement in whole or in part without Party B’s prior written approval. Party B may assign or transfer this Agreement in whole or in part, without any notice to or approval by Party A to any party, provided that Party A’s rights hereunder are not prejudiced.
- Prohibition Against Data Mining. Party A is prohibited from data mining, scraping, crawling, email harvesting or using any process or processes that send automated queries to the Homeschool 4 Real Life site including any of its owners or users. Party A may not use the Homeschool 4 Real Life website or membership to compile a collection of listings, including a competing listing product or service. Party A may not use the Site or any Materials for any unsolicited commercial e-mail.
- Compliance with Laws. Party A agrees to comply with all applicable laws regarding your use of the website. Party A further agrees that information provided by Party A is truthful and accurate to the best of Party A’s knowledge
- Indemnification. Party A agrees to indemnify, defend and hold Party B and our partners, employees, contributors, subsidiaries, members, parent companies and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
- DMCA Notice. If Party A believes its work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interests;
(b) A description of the copyrighted work that Party A claims has been infringed;
(c) A description of where the material that Party A claims is infringing is located on the Site; Party A’s address, telephone number, and e-mail address;
(d) A statement by Party A that Party A has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by Party A, made under penalty of perjury, that the above information in Party A’s notice is accurate and that Party A is the copyright owner or authorized to act on the copyright owner’s behalf.
- All content (including but not limited to images, text, uploaded files, etc.) submitted to, uploaded, by members may be used in any way by Party B. This includes but is not limited to promotional activities, advertisements, testimonials, etc.
- Party A understands that Party A is signing up for a recurring membership. Party A understands this is a subscription service and Party A will be billed based on the plan Party A purchased (monthly or yearly). Party A understands that Party A will be charged each period on the same day that Party A signed up (or within 48 hours before or after the date depending on processing). Example: If Party A signed up on the 15th of May, Party A will be charged again on the 15th of June, the 15th of July, and so on until Party A cancels their membership.
- Cancellations. Party A understands that Party A can cancel their membership at any time. Party A understands that cancellation requests MUST be submitted using the Cancellation form at least 48 hours prior to the scheduled payment date. Party A understands if Party A does not cancel 48 hours prior to the scheduled payment date, Party A is not guaranteed the next payment will be prevented. It is Party A’s sole responsibility to make sure when Party A cancels, it is prior to 48 hours of the next scheduled payment. Party A understands that there are no partial period refunds, and that cancellations will be processed immediately. The first payment is nonrefundable.
- Once the Cancellation form has been submitted, Party A understands that Party A will be unable to access the community once the request has been processed. Due to system limitations, Party B is unable to honor requests to cancel on a future date. If Party A wishes to retain login privileges until the next billing date, it is Party A’s responsibility to fill the cancellation form out at the appropriate time.
- NO REFUNDS DISCLAIMER: Due to the nature of this electronic product and the fact that it cannot be “returned”, Party B has a no refund policy unless otherwise mentioned in the offer. Party A cannot order and then ask for a refund straight away. Within minutes of ordering Party A will be able to download years worth of Party B’s effort and knowledge. None of the content is ‘drip fed’ Party A gets all of the Services that they paid for right away. There is no un-doing that once Party B accesses the members area. There are no partial month refunds, partial refunds on annual payments, or refunds of any kind on any other products. Cancellations will begin during the next scheduled payment period. By purchasing this membership Party A is agreeing to these terms and conditions. To cancel, fill out the Cancellation form at least 48 hours prior to your renewal date. NOTE: Cancellations near major holidays are excluded from the 48 hour window. Party B must cancel between 3-5 days before any major US holidays. Holidays include but are not limited to Christmas Eve, Christmas, New Years Eve, New Years Day, Thanksgiving (including the day before and weekend after), Bank Holidays, and all holidays recognized by the Government and major religious groups.
- Video and Audio Content: Party B’s websites may contain one or more videos and/or audio recordings (individually and collective hereinafter referred to as the “Recordings”). This section describes Party B’s respective rights and responsibilities with regard to the Recordings.
- Recordings Are For Entertainment And Informational Purposes Only: All Recordings are to be watched and/or listened to for informational and entertainment purposes only. Recordings are not intended to provide specific legal, financial, tax, physical, educational or mental health advice, or any other advice whatsoever to Party A, any other individual or company, and should not be relied upon in that regard. Any products or services described in the Recordings are only offered in jurisdictions where they may be legally offered. Information provided in Recordings is not all-inclusive, is limited to information that is made available, and such information should not be relied upon as all-inclusive or accurate.
- Embedded Recordings From External Social Media Sites Not Owned By Party B: Some of the Recordings embedded for Party A’s viewing and listening pleasure are hosted on social media websites not owned by Party B. This may include, but is not limited to, sites such as YouTube.com (individually and collectively, the “Third Party Social Media Sites”).
Party B makes no claim to the intellectual property rights of the owners of Third Party Social Media Sites. Party B also makes no claim to the intellectual property rights of third party creators of Recordings hosted on Third Party Social Media Sites. Party B’s embedding of such Recordings on this website is done pursuant to applicable licenses to do so granted by the Third Party Social Media Sites. Embedding Recordings on this website does not create an association, agency, joint venture, or partnership between us and the owners of the Third Party Social Media Sites or impose any liability attributable to such a relationship upon either party. Recordings are only provided for Party A’s convenience. Party B does not control or guarantee the accuracy, completeness, relevance, appropriateness or timeliness of any information contained in the Recordings. Party A should know that Third Party Social Media Sites may track Party A’s viewing and listening habits. If Recordings embedded on this website were created by Party B but are hosted on Third Party Social Media Sites, Party B retains all intellectual property rights for such Recordings except to the extent Party B granted a license to Third Party Social Media Sites to the Recordings. The hosting of these Recordings by Third Party Social Media Sites does not grant Party A any rights to such Recordings except to the extent provided under the applicable licenses those sites grant to viewers and listeners of Recordings they host on their websites.
- Embedded Recordings Owned By Party B And Hosted On Party B’s Servers Or Third Party Servers Excluding Third Party Social Media Sites Some of the Recordings embedded for Party A’s viewing and listening pleasure may be created by Party B and hosted on Party B’s servers or third party servers. This may include, but is not limited to cloud hosting services from Amazon.com or others. Party B owns the copyrights and all other intellectual property rights for these Recordings unless otherwise expressly noted. Party B makes no claim to the intellectual property rights of the owners of third party servers who by contractual agreement are hosting our Recordings for Party B. Hosting Party B’s Recordings on third party servers does not create an association, agency, joint venture, or partnership between Party B and the owners of those servers, or impose any liability attributable to such a relationship upon either party. Recordings only provided for Party A’s convenience. Party B does not guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. Party A should know that Party B and/or the owners of third party servers hosting the Recordings may track Party A’s viewing and/or listening habits.
- Personal Non-Exclusive Revocable Nontransferable License: When Party A watches or listens to the Recordings on this website, Party A understands and agrees that Party A is doing so pursuant to a personal non-exclusive revocable nontransferable license from Party B to do so. The Recordings remain the sole and exclusive property of their respective owners, which retain all rights thereto. Party A understands and agrees that the Recordings may not be resold by Party A or otherwise distributed with or without consideration. Party A will not make the Recordings available to any third party. Party A may not reproduce or summarize any of the Recordings in any manner. Party A agrees to destroy any of the Recordings cached on your computer or otherwise in Party A’s possession within 24 hours of watching or listening to said Recordings. Notwithstanding this provision, Party A agrees to immediately destroy any Recordings in Party A’s possession upon material violation of the terms and conditions contained in this document, or upon request by Party B that Party A do so.
- Broken Or Obsolete Recordings: Party B reviews our website periodically for broken or out-of-date Recordings. Any and all Recordings may be posted, altered, or removed at any time. To report problems with Recordings on Party B’s website, or for more information, please send an email to email@example.com.
- “Shelf Life” of Digital Products: Party B’s digital training, educational, and entertainment products have a shelf-life of 12 months. Meaning that if Party A purchases a digital information product from Party B, Party A should expect these links, documents, manuals, eBooks, articles, videos, software and other digital information or productivity items to be live, accessible and usable for a period of 12 months following your purchase.This “Shelf Life” does not apply to recurring memberships. Recurring memberships will remain active, accessible, and usable for an ongoing basis as Party A remains current with Party A’s membership dues. Failure to pay Party A’s membership dues may result in termination of Party A’s account and a loss of any/all data stored or entered therein. Party A may be required to rejoin at higher rates. Old content will be removed from time to time from membership areas and discontinued. This information will be unaccessible even to lifetime members.
- Lifetime Membership: Lifetime membership covers all courses and trainings (recordings and downloadable resources) available at the time of purchase ONLY. It does not cover new recordings created AFTER Party A purchased the Lifetime membership unless specifically acknowledged, or any future recordings added to Party B’s training area. There are no guarantees of FUTURE trainings being made available either in the membership area OR to lifetime members. Lifetime membership only covers lifetime access to courses available at the time of purchase within the lifetime membership area. Furthermore, Lifetime Membership does not include lifetime access to Party B’s private forums or masterminds. At purchase, Lifetime membership includes 1 year of access to Party B’s private forum. Furthermore, Lifetime Access is the lifetime of this product and/or business. Should Party B cease to exist in its current form, there will be no refunds or guaranteed access to products, trainings, or community forums. The Lifetime access to training courses is therefore tied to the life of the product, not the user.
- Licensee Status: Party A understands and agrees that Party A’s use of Party B’s website is limited and non-exclusive as an individual nontransferable revocable licensee. Party B may, within Party B’s sole discretion, terminate Party A’s license to use Party B’s website, and access to Party B’s website, for any reason or no reason whatsoever, and without giving Party A notice. This includes lifetime member access.
- Content Ownership: All content on Party B’s website is owned by Party B or Party B’s content suppliers. This includes all forum posts, topics, replies, posts, etc. On behalf of Party B and Party B’s content suppliers, Party B claims all property rights, including intellectual property rights, for this content and Party A is not allowed to infringe upon those rights. Party B will prosecute to the fullest extent of the law anyone who attempts to steal Party B’s property. Party A agrees not to copy content from Party B’s website without Party B’s permission. Any requests to use Party B’s content should be submitted to Party B by email to firstname.lastname@example.org. If Party A believes that Party A’s intellectual property rights have been infringed upon by Party B’s website content, please notify Party B by sending an email to email@example.com, or by sending postal mail to Party B at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
By Mail: 1985 Henderson Rd. Suite 1390, Columbus, OH 43220-2401
By e-mail: firstname.lastname@example.org
- NOTICE: SELECT promotions may include a 7 to 30 day money back guarantee. This money back guarantee is subject to change and must be marked on the promotion page at the time of purchase. Conditions may include proof that the Party A gave his or her best effort to take action on each training video, participated in the community on a regular basis during the trial, and made every effort to succeed. No refunds will be processed outside of the limited window for any reason. There is a $50 charge to process these refunds to compensate for customer service, content delivery, coaching and other services provided during the window of the guarantee.
- PARTY B’S MEMBERSHIP, COURSES, CONTENT AND SERVICES CANCELLATION POLICY
(a) Party B highly recommends that Party A asks questions before purchasing to make sure the membership is right for Party A BEFORE purchasing.
(b) If Party A cancels and then decides to join the Party B Membership again at a later time, Party A will be reinstated at the current membership rate, regardless of any special offers or discounts you received in the past.
(c) Purchase Price. Although Party B believes the price is fair for the value that Party A receives, Party A understands and agree that the purchase price for party B’s products has been arbitrarily set by Party B. This price bears no relationship to objective standards.
(d) Homeschool 4 Real Life LIVE Events (In this subsection Party A is referred to as “I” and agrees that these terms apply to all persons attending the live event with Party A).
- LIVE EVENT ACCIDENT WAIVER AND RELEASE OF LIABILITY FORM
(a) By attending any live event hosted by JDC Innovations LLC, Homeschool 4 Real Life, or ANY event related to them, I HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES ASSOCIATED WITH THIS EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
(b) I certify that I am physically and mentally fit, have sufficiently prepared or trained for participation in this activity, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity.
(c) I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity in which I may participate, and that it will govern my actions and responsibilities at said activity.
(d) In consideration of my application and permitting me to participate in this activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(1) Party A WAIVES, RELEASES, AND DISCHARGES from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for Party A’s death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: JDC Innovations LLC, Homeschool 4 Real Life and/or their directors, officers, employees, volunteers, members, contributors, representatives, and agents, and the activity holders, sponsors;
(2) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise.
(3) Party A acknowledges that JDC Innovations LLC, Homeschool 4 Real Life and their directors, officers, volunteers, contributors, representatives, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
(4) Party A acknowledges that this activity may involve a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers.
(5) Party A hereby consents to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
(6) Party A understands while participating in this activity, Party A may be photographed. Party A agrees to allow their photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and assigns including future and current promotional campaigns.
(7) The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
(8) PARTY A CERTIFIES THAT PARTY A HAS READ THIS DOCUMENT AND PARTY A FULLY UNDERSTAND ITS CONTENT. PARTY A IS AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND PARTY A ENTERS INTO IT THROUGH THE ACCEPTANCE OF THIS AGREEMENT AND PARTY IS ACTING OF PARTY A’S OWN FREE WILL.
Section 11 Group Learning Session Information
- A Group Learning Session is a course form in which multiple children take classes in the same online classroom at the same time. In order to create a learning environment for peers and increase student interaction in the classroom, the classroom performance of multiple children in each class will be recorded, and Party A’s child’s voice and image will be collected.
- Party B records the courses, including the videos and voices of the student and the instructor to monitor the class in case of any misbehavior during the class, for Party B to review Party A’s child’s learning experience and monitor the class.
- Party B will never disclose any recordings about Party A’s child(ren) to any third parties unless necessary for legal purposes.
- If Party A does not want the image or voice of their child recorded it is Party A’s sole responsibility not to participate in the group learning sessions.