BOLD NEW MOM LLC
d/b/a JODY MOORE COACHING
TERMS AND CONDITIONS OF USE
Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to use any digital or downloadable resources, membership, online course, one-on-one or group coaching, class, program, workshop, or training, or enter any online private forums operated by Bold New Mom, LLC d/b/a Jody Moore Coaching (for any purpose), whether on a website hosted by Bold New Mom, LLC or a third-party website such as an online course platform (collectively “the Program”).
If you do not agree with these TOU, you may not use the Program.
As used in these TOU, the term “Releasees” is defined to include the following: (i) Bold New Mom, LLC d/b/a Jody Moore Coaching, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, contractors, coaches, partners, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; (iii) Jody Moore; and (iv) Jake Moore.
Program
You will receive the services outlined on the web page where you register.
If you wish to participate in another session of the Program in the future or purchase any other event tickets, products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.
This Program is intended and only suitable for individuals aged eighteen (18) and above. Some of the content in the Program may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of eighteen (18).
Payment
You agree to the fees and payment schedule selected at checkout, as well as any additional terms applicable to the specific program, product, service or event you have registered for, as outlined in the relevant subsections below.
If paying by debit card or credit card, you give the Company permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
If your payment is not received when due, the Company reserves the right to refuse or terminate your access to the Program immediately and permanently. In the event of cancellation or termination, any default or late payments will be due immediately.
THE LAB MEMBERSHIP PROGRAM:
The Company offers both monthly and annual payment options for the Lab Membership Program. If you enroll in the Lab Membership Program, you acknowledge and agree that your membership will automatically renew at the end of each billing cycle (monthly or annually) unless you cancel prior to the renewal.
For monthly memberships, your card will be charged on the same calendar day each month until you cancel.
For annual memberships, the Company offers a one-month trial at a discounted rate as outlined on the Lab Membership Program registration page. The day after the conclusion of the one-month trial, your annual membership fee will be automatically charged to your card. Your membership will then continue to renew annually on the same calendar day each year unless you cancel.
The Company may modify the Lab Membership Program fee at any time, and you will have the option to cancel before the new fee goes into effect. If you cancel and then decide to join the Lab Membership Program again at a later time, you will be charged at the current rate, regardless of any special offers or discounts you received in the past.
Please refer to the Lab Membership and Lab Coach Access Membership Cancellation policy below for instructions on how to cancel.
THE LAB COACH ACCESS MEMBERSHIP PROGRAM:
The Company also offers both monthly and annual payment options for the Lab Coach Access Membership Program. If you enroll in the Lab Coach Access Membership Program, you acknowledge and agree that your membership will automatically renew at the end of each billing cycle (monthly or annually) unless you cancel prior to the renewal.
For monthly memberships, your card will be charged on the same calendar day each month until you cancel. Annual memberships are charged similarly, but on the same day each year until you cancel.
The Company may modify the Lab Coach Access Membership Program fee at any time, and you will have the option to cancel before the new fee goes into effect. If you cancel and then decide to join the Lab Coach Access Membership Program again at a later time, you will be charged at the current rate, regardless of any special offers or discounts you received in the past.
Please refer to the Lab Membership and Lab Coach Access Membership Cancellation policy below for instructions on how to cancel.
12 CLIENTS IN 12 WEEKS PROGRAM
The 12 Clients in 12 Weeks program requires an application submission to be accepted. The application is free of charge. Upon being accepted to this program, you agree to make a one-time payment for the full cost of the program as listed at the time of your enrollment.
Refunds and Guarantees
Unless otherwise outlined in the subsections below or required by law, the Company does not offer refunds.
By enrolling in the Program, you acknowledge and agree that unless you meet the requirements outlined below for the specific program, product, service or event you have registered for, all sales are final, and no refund will be provided.
The Company reserves the right, in its sole discretion, to determine how to resolve an issue with a participant who violates these TOU. Therefore, you disagree with how the Company resolves an issue with another participant and request a refund, the Company will deny such request.
Furthermore, if a participant violates these TOU, the Company reserves the right, in its sole discretion, to offer the participant another opportunity to abide by these TOU. If a participant disagrees with the Company offering another participant a second opportunity to follow these TOU, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied.
If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these TOU, the Company may terminate your access and participation in the Program without notice and without refund.
You have agreed to the Company’s clear and explicit Refund Policy before completing your purchase and agree that you will not file a fraudulent chargeback with your credit card company or payment processor. If a chargeback is found to be fraudulent, the Company reserves the right to refuse future transactions with you, report the fraudulent chargeback to credit reporting agencies and/or chargeback databases, recover all of the Company’s expenses and attorney’s fees incurred due to your payment default, and take any other appropriate legal action.
12 Clients In 12 Weeks Guarantee Requirements:
The Company offers a conditional refund for participants in the 12 Clients in 12 Weeks Program. Refund requests under this guarantee are available to participants who meet all of the specified criteria and do not generate 12 paying clients during the 12-week program period. To be considered, refund requests must include the following documentation and be submitted to [email protected] within 30 days of the conclusion of the program’s 12-week period.
1. A minimum of 5,000 new leads (email addresses) generated within the 12-week program period as proven by a lead list from an email service provider with dates associated with when the leads were generated.
2. A minimum of 100 1-on-1 sales calls completed by you (not just scheduled) with potential clients as proven by some form of tracking (CRM or spreadsheet) including notes in a word doc or spreadsheet sharing the client’s name, reason for scheduling the call, and whether they end up being a paying client or not.
3. An offer and niche that was tested and approved via a minimum of 3 paying clients within the 12-week program period.
4. Amount of money invested in social media paid ads equivalent to or greater than the revenue of 12 clients times the price of the program.
For example: Program cost = $3,000
Social media spend needs to = 12 x $3,000 ($36,000)
If your refund request comes more than 30 days after the conclusion of the program’s 12-week period, you will not be eligible under this guarantee and your request will be denied.
The Lab Coach Access Membership Program Double Your Investment in a Year Guarantee Requirement:
The Company provides a conditional refund for participants in the Lab Coach Access Membership Program. To qualify for a refund under the Lab Coach Access Membership Program Double Your Investment in a Year Guarantee, you must meet the following criteria and show that you haven’t generated at least $3,000 during your first year in The Lab Coach Access Membership program. This guarantee only applies to the first year of your membership or the first 12 consecutive months if you have a monthly membership.
To request a refund, you must provide the following documentation to [email protected] by the last day of your twelfth consecutive month in the membership, whether you have an annual or monthly membership:
1. A minimum of 5,000 new leads (email addresses) generated within your first 12 months as proven by a lead list from your Email service provider with dates showing when the leads were generated.
2. A minimum of 100 1-on-1 sales calls completed (not just scheduled) with potential clients as proven by some form of tracking (CRM or spreadsheet) and notes in a word doc or spreadsheet sharing the client’s name, reason for scheduling the call, and whether they became a paying client or not.
3. An offer and niche that was tested and approved via a minimum of 3 paying clients within your first 12 months.
4. Amount of money invested in social media paid ads equivalent to or greater than the revenue of 12 clients times the price of the program.
For example: Program cost = $1,500
Social media spend needs to = 12 x $1,500 ($18,000)
If your refund request comes after the last day of your twelfth consecutive month in the membership, you will not be eligible under this guarantee and your request will be denied.
Refunds for Live Events:
The Company hosts live events from time to time.
For select events, VIP guests may receive a complimentary ticket by submitting a refundable deposit in the amount identified on the event registration page. This deposit will be refunded if the VIP attends the event or cancels their registration at least 24 hours in advance of the event.
The Company will otherwise refund the cost of event tickets if the refund is requested at least thirty (30) days before the event. No refunds will be issued if you do not attend the event or if you cancel less than thirty (30) days before the event.
Upon determining that you are eligible to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.
Intellectual Property Rights
Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website or application the Company may use to distribute or host the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or its affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
Access to The Lab Membership Content
Upon enrolling in the Lab Membership, you will gain access to the membership content from the MONTH OF YOUR ENROLLMENT FORWARD. Your membership does not include access to all membership content that has ever been shared with other members. The Company makes no guarantee that it will maintain recordings of coaching calls or other membership content for any particular time period.
While your membership is active, you may be able to download the membership content. However, except as otherwise provided in this TOU, once your membership has been terminated, you will not have any access to the membership site or any membership content after the end of the current billing term.
The Company’s Limited License to You
If you view, purchase or access any of the Content, you will be considered the Company’s licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license to the Content for personal, non-commercial use only, limited to you and those living within your household only.
This means you and those living within your household may view, download, print, email and use one copy of individual pages of the Content for your own personal purposes or apply the information generally within your own business only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party outside your household, or otherwise use any Content for commercial purposes or in any way that earns you or any third-party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Content for personal use you in no way assume any ownership rights in the Content – it is still Company property. Any unauthorized use of any Content shall constitute infringement.
You must receive the Company’s written permission before using any of the Program or Content for your own commercial use or before sharing with others outside of your household.
You are strictly prohibited from uploading or distributing Content to any website, platform, software, or database where it could be accessed or replicated by ChatGPT or other artificial intelligence technologies.
The trademarks and logos displayed within the Program or on the Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without the Company’s written permission.
All rights not expressly granted in this TOU or any express written license, are reserved by us.
Unauthorized Use
Your use of any Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of $5,000, whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damage charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during the Program such as comments, chats, photos, designs, graphics, images or videos or other contributions, you are representing to the Company that you are the owner of all such materials, and you are at least eighteen (18) years old.
Commercial Use Outside the Program
The Company may request your consent to use your likeness (including your name or screen name or other identifying information), comments, posts, photos, images, videos, or other contributions created by you (collectively, “Your Material”), for commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant the Company the right to make it part of the Company’s current or future website and Content. This right includes granting the Company proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by the Company to you.
However, the Company may use Your Material for such purposes without requesting additional consent if it is used in an anonymized form that does not include your name, screen name, likeness, or any other personal identifying information attributing you to Your Material.
You acknowledge that if you grant this consent, the Company will have the right but not the obligation to use Your Material and may cease the use of Your Material at any time for any reason.
License For Use within the Program
You also grant the Company, and anyone authorized by the Company, a limited, royalty-free, perpetual, non-exclusive, worldwide license to use, copy, modify, distribute, and/or display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, solely for purposes related to the current or future Program. The Company will not use Your Material publicly or share Your Material outside the Program unless (i) you have granted prior permission or (ii) the Company has first removed any personally identifying information thereby anonymizing Your Material.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program and may include your voice, image, or likeness (collectively, “Recordings”). The Company reserves the right to use the Recordings and/or any other materials created by the Company in connection with your participation in the Program, for internal use and within the current or future Program, without compensation to you. The Company will not share or publish Recordings outside the Program without your prior consent, unless the Recordings are anonymized and do not contain any personally identifying information.
You also grant the Company, and anyone authorized by the Company, the right to use your likeness and identify you as the author and individual depicted in Your Material or the Recordings including by name, email address, or screen name, for purposes directly related to the Program.
The Company does not reserve the right to use Your Material or Recordings for marketing or promotional purposes or in any manner outside the Program’s paywall, unless you grant the Company permission to do so as described above, or unless such material is anonymized to remove any personally identifying information.
This means you give the Company permission to use anything you submit to the Company or share during the Program or on any third-party platform or website operated by the Company, as well as anything captured by the Company during your participation in the Program, including images in which your face is visible and recognizable, within the Program unless you consent to broader use or unless the Company anonymizes the material to remove identifying information.
Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an email to [email protected].
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from the Company, and you consent to immediately stop using such Content and to take whatever actions as the Company may request and by the methods and in the time frame that the Company prescribes to protect its intellectual property and ownership rights in the Program and Content.
Your Conduct
The Program is a “pitch free zone.” You agree you will not pitch, promote, market, or sell any products, services, groups, programs, or events to Program participants at any in-person events associated with the Program or through any Company website or third-party platforms operated by the Company, whether or not officially sanctioned, owned, or operated by the Company. This includes creating or encouraging participation in unofficial “shadow” groups – online or in person – based on shared interests or locality. You agree not to organize or invite Program participants to events, meetups, seminars, or trainings, without first receiving approval from the Company. Marketing or selling any products or services to Program participants is prohibited unless explicitly authorized by the Company.
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party platforms operated by the Company. Any material you post may become public.
You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party platforms operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful.
You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene, pornographic, sexually explicit or violent, or otherwise in violation of any law or the rights of others.
You are strictly forbidden from the following:
Harassing, fighting with, or being disrespectful to other participants and the Company
Impersonating any other person
Causing damage to any Company website or third-party platforms operated by the Company
Using any Company website or third-party platforms operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
Using any Company website or third-party platforms operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
Using any Company website or third-party platforms operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
Systematically or automatically collecting data from any Company website or third-party platforms operated by the Company
Using any Company website or third-party platforms operated by Company, to take pictures and/or screenshots of comments, posts, pictures, materials or any other content posted and/or shared by the Company without receiving its advance permission
Using discriminatory speech, hate speech, comments, or actions towards another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels.
If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Program and your access to the Content without refund.
The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s website and any third-party platforms operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party platforms operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party platforms operated by the Company.
Confidentiality
The Company respects the privacy of its participants and will take reasonable measures to safeguard any personal and sensitive information you provide. However, you acknowledge that the Company cannot guarantee the confidentiality of any information, whether provided by you or other participants, due to factors beyond its control. The Company may request your permission to disclose certain information as set forth in this TOU or may disclose information as required by law. You acknowledge that communications between you and the Company are not covered by any privilege and that any information you post on the Company’s website or in any third-party platforms operated by the Company may become public.
By participating in the Program, you acknowledge and accept the risks associated with sharing and receiving information in this setting. You agree that the Company shall not be liable for any unauthorized disclosure, including disclosure by another participant, except as otherwise required by law.
You agree to keep all information you learn about other Program participants, including details about their businesses, intellectual property, or clients, strictly confidential except in very rare circumstances where disclosure is required by law.
The Company may record coaching calls, webinars, workshops and trainings, and share them within the Program. These recordings may be made available to other participants as part of the Program. Due to privacy and intellectual property concerns, you may not use AI technology to record or transcribe any calls, webinars, workshops or trainings.
Username and Password
To access certain features of the Program, including any private membership areas, you may need a username and password. It is your responsibility to inform the Company before the Program start date if you do not receive an email containing your password to access the Program. You agree to keep your username and password confidential and to not share it with anyone outside those living within your household. During the registration process for any Company service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone outside those living within your household, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.
Live or In Person Events
If you participate in any live or in-person event as part of the Program, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely participate in the Program. You agree to exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws while participating in the Program. This includes, generally, respect for other people, equipment, facilities or property. The Company may dismiss you, without refund, if your behavior endangers the safety of or negatively affects the Program or any person, facility or property.
You consent to medical care and transportation in order to obtain treatment in the event of injury to you as Company, volunteers or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
The Company is not responsible for any personal item or property that is lost, damaged or stolen at or during any event that takes place as part of the Program.
Termination
The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. The Company may terminate your participation in the Program at any time, without refund, if you breach any part of these TOU. In the event of cancellation or termination, you are no longer authorized to access Program or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Program and the Content will still apply now and in the future, even after termination by you or the Company.
Lab Membership and Lab Coach Access Membership Cancellation Policy
To cancel your membership in the Lab Membership or the Lab Coach Access Membership programs, you must submit the following Cancelation Form at least 24 hours before your next billing date: https://jodymoore.com/membership-cancellation/
Cancellations take effect at the end of your current billing term. You will retain access to the membership materials and Content until that date. No prorated refunds will be issued for any cancellations made in the middle of your billing term.
In the event you decide to cancel, any remaining, default, or late payments will be due immediately.
Personal Responsibility, Assumption of Risk, Release, Disclaimers
You are voluntarily participating in the Program and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.
Participation in the Program does not constitute or establish a business advisor-client, medical, legal, counseling, accounting, or any other professional relationship between you and the Company, or with any individual acting on behalf of the Company.
The Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Program or Content prevents, cures or treats any mental or medical condition. The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program.
You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.
You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless from any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Program.
Earnings and Results Disclaimer: You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results and earnings differ for each individual.
Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
The Company is not responsible or liable for any participants’ infringement of another participant’s intellectual property, content, or materials.
The Company tries to ensure that the availability and delivery of the Program and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, the Company will try to limit the frequency and duration of suspension or restriction.
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND INCLUDED AS PART OF THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING ANY PAGES HOSTING CONTENT, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.
Security
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties not under the Company’s control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.
Legal Disputes and Wavier of Class Actions
These TOU shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws principles. The state and federal court nearest to Carlsbad, California shall have exclusive jurisdiction over any case or controversy arising from or relating to the Program or Content, including but not limited to the Company’s Privacy Policy or these TOU. By using the Program or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The parties waive any right to bring claims as part of a class or collective action and agree to limit any litigation to individual claims they may have against one another. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
Users Outside United States
The Company controls and operates the Program from offices in the United States. The Company does not represent that the Program is appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Indemnification
You agree to defend, indemnify, release, and hold the Releasees harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Force Majeure
The Company shall not be deemed in breach of this TOU if the Company is unable provide all of the Program or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to Client of its inability to perform or of delay in completing or providing the Program and shall propose revisions to the schedule for completion of the Program or other accommodations or may terminate this TOU.
General Provisions.
The Company may modify the terms of this TOU at any time. All modifications shall become effective following notice to you. If any provision of this TOU is held invalid or unenforceable, the remainder of this TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
This is the entire agreement between you and the Company with regards to the Program and reflects a complete understanding with respect to the subject matter. This TOU supersedes all prior written and oral representations.
Updated on 06/12/2025
