Terms of Use
TERMS OF USE
Last Updated July 27, 2022
Please read the following Terms of Use (“Terms”) carefully. They govern Your use of The Cool Aunt Series website owned by Sowers Education Group, LLC (hereafter referred to as “We”, “Us”, “Our”, “Company” or “Website”). By using the Website, You acknowledge that You have read and understood all of the Terms, and You agree to be bound by these Terms. By accessing this Website, You are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws. If You do not agree with any of Our Terms, You are prohibited from using or accessing this Website. The materials contained on this Website are protected by applicable copyright and trademark law.
Persons or businesses that decide to fully access all the features available through Our Website are required to register as a “User” which allows them to participate in the use or Our Website. The term “User,” “You”, and “Your” means registered users, The Cool Aunt Team, or third-party service providers whether they are a person, company, business, or organization.
As a User You specifically agree to these Terms, as well as Our Privacy Policy. You agree and accept these Terms and the Privacy Policy all of which form a binding agreement (“Agreement”) between You and Us. Each User acknowledges that this Agreement governs use of the “Content” and “Services” (as those terms are defined below) that We make available through Our Website or other third parties and takes the place of any emails, texts or conversations between You and Us.
If You do not agree to these Terms, You agree that You will not use Our Website. The Company reserves the right to change the Terms under which the Website is offered and will post such changes via the Website. If You do not agree to the amended Terms, You agree to stop using the Website. You will be deemed to have accepted the amended Terms if You continue to use the Website after such amended terms are posted showing the “Last Updated” date. Any changes will be effective immediately upon the posting the new date. Your continued use of the Website, Services, Information, and Content after the effective date of a revised version of this Agreement constitutes Your acceptance of the Terms.
Before using any of the “Information” or “Services” (as those terms are defined below) made available on or through Our Website, Users acknowledge and agree that they have read and agree to be bound by this Agreement in its entirety. Users agree to be bound by any changes to this Agreement and check back from time to time. We may revise or amend the Terms at any time without prior notice and Users agree the revisions or amendments will be effective upon updating on Our Website with those changes or amendments. Even if You agree to Our Terms, We may deny You access in Our sole and absolute discretion, for any reason or no reason.
Registration for the Website.
The Website enables Users to create an account (“Your Account”) and abide by these Terms. In setting up and maintaining Your Account, You agree to provide accurate information regarding Your identity (or you can use Your initials or X as Your last name), Your contact information, and any other information requested by Us related to the Website. You will set Your own password for accessing the Website and shall be solely and strictly liable for everything that occurs through the use of Your Account.
You are responsible for maintaining the confidentiality of Your Account and password, and You agree to accept responsibility for all activities that occur under Your Account or password. You agree to immediately notify Us of any unauthorized use of Your password or Your Account, or any other breach of security of which You become aware.
By setting up Your Account and using the Website, You expressly agree that You will receive communications from Us, including email messages. You acknowledge and agree that You consent to the receipt of such messages and that Your receipt of such messages does not violate the CAN-SPAM Act and/or any state and federal laws related to commercial communications. You may stop receiving such messages by following the opt-out instructions provided by Us in any such communication.
Disclosure and Disclaimer.
By using Our Website, You agree to the terms of this Disclosure and Disclaimer. The Information contained in this Website is for general information and educational purposes only and may be sourced directly by Us or through third party sources believed to be reliable, but We can give no assurance of reliability, accuracy, timeliness or truthfulness. You agree to conduct your own due diligence and research and to accept all risks related to reliance on any Information We provide or make available on Our Website. We make no representations, warranties, or guarantees of any kind, express or implied, about the completeness, accuracy, reliability, suitability of the Information made available through this Website, and You agree to hold Us harmless from any claims or loss. You agree that any reliance You place on the Information or Services made available by Us or anu Users on or through this Website is solely at Your own risk and You hereby agree to hold Us harmless and indemnify Us from any such loss or claims resulting from Your use of the Information made available by Us or others on or through Our Website.
The materials on Our Website are provided 'as is'. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, We do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on Our Website or otherwise relating to such materials or on any sites linked to Our Website.
In no event shall We be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Our Website, even if We have been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to You.
The materials appearing on Our Website may include technical, typographical, or photographic errors. We do not warrant that any of the materials on Our Website are accurate, complete, error free, or current. We may make changes to the materials contained on Our Website at any time without notice and We do not make any commitment to update the materials or information on Our Website.
We have not reviewed all of the sites linked to Our Website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Us of the linked third party site. Use of any such linked third party site is at Your own risk.
We may have financial interests in, or relationships with, some of the entities, businesses, and/or publications discussed or otherwise referenced on Our Website. Certain links that may be provided on Our Website are provided for convenience and do not imply Our endorsement, or approval of any businesses or third-party websites or their content. We are not authorized, registered or licensed in any capacity with any state or regional authority or the regulatory bodies or agencies of any country, state, province, or territory.
We have not and will not conduct any due diligence or background checks on Users. By using Our Website, You agree to conduct Your own due diligence hold Us harmless from any loss caused by Your purchase or sale of any products or services on Our Website or third party sites linked to Our Website.
We do not select or endorse any individual or business User. We do not make any warranty, guarantee, or representation as to the authenticity, ability, competence, quality, or qualifications of any User. We do not make any representations or warranties that access to Our Website or use of the Information or Services will be continuous, uninterrupted, or error-free.
In no event will We be liable for any loss or damage to You or any third parties including without limitation, indirect or consequential loss or damage, even if We are made aware of it or notified of it by You, or any loss or damage whatsoever arising from loss of data, money, assets, or profits arising out of, or in connection with, the use of Our Website. Our Website and Services may not always be available or properly functioning and You agree to hold Us harmless from any loss of data, money, assets, or profits arising out of, or in connection with, the inability to use or access Our Website or Services.
In consideration of You or Your child or ward or spouse or any youth You invite to Our Website being permitted to participate in any way in any and all activities of this Website, You, for yourself, Your spouse, and Your child and/or ward, any youth You invite, Your heirs, personal representatives or assigns, do hereby covenant not to sue, and release, waive, and discharge, The Cool Aunt Series, Uplift Educational Services, Rachel Thomas, Sowers Education Group, (collectively “Company”), their directors, officers, staff members, volunteers, advisors, property owners, counselors, and/or agents, from any liability and from any and all claims including the negligence or default of the Company, its directors, officers, members, volunteers, advisors, property owners, and/or agents, resulting in personal injury, accidents or illnesses (including death), or any other consequences arising or resulting directly or indirectly from my participation in the School.
In no event will We be liable for any loss or damage to You or any third parties including, but not limited to, any loss caused in whole or in part by any inaccuracies or incompleteness, delays, interruptions, errors or omissions, including, but not limited to, those arising from Our negligence or the negligence of any of Our registered Users, service providers or sites we link to or contingencies beyond Our or any of Our service providers’ control in procuring, compiling, interpreting, computing, reporting, or delivering the Information or Services. Because some jurisdictions do not allow such limitation of liability these limitations may not apply to you.
Through this Website You may be able to link to other sites which are not under Our control. We have no control over the nature, content, and availability of those third-party sites. The inclusion of any links to those third-party sites does not imply that We recommend or endorse the services they provide, or the views expressed by them.
Additionally, We may receive advertising, marketing, or promotional fees (which may be in the form of cash, or any other type of asset) from other businesses or companies or those wanting to promote their products or services, so We have a conflict of interest and/or interest in the Information We provide or the Services We make available on Our Website and that Information may be biased as a result.
Expressed Assumption of Risk.
You represent that You and any ward or child You refer to Our Websiteare voluntarily participating in the use of this Website. You understand that there are risks associated with Your participation in this Website and the Information We make available, such as physical or psychological pain or injury, anxiety or feelings of sadness. These injuries or outcomes may arise from Your own or other’s actions, reactions, inactions, or negligence. Nonetheless, You hereby assert that Your participation and/or the participation of Your spouse, child or ward in the use of this Website and the Information We make available and any events incidental to participating in Our program is voluntary and that You knowingly assume and accept all risks.
Medical Consent.
If You or Your ward or any child You refer to Our Website need medical treatment as a result of their participation in this Website and its programs or any events incidental thereto, You agree to be financially responsible for any costs incurred as a result of such treatment. You are aware that the Company does not provide health insurance for You, Your child, or Your ward or any child You refer to Our Website and that You should carry Your own health insurance.
Hold Harmless.
You agree to hold the Website and Company harmless from any and all claims, loss or damage to my personal property, liabilities and costs, including attorney’s fees, as a result of Your participation in this Website and its programs or any events incidental thereto. If the Company incurs any of these types of expenses, You agree to reimburse the Company.
Advertiser Disclosure - Affiliate and Referral Programs.
From time to time, We may enter into various affiliate and referral programs with others for which We receive compensation, so We have a conflict of interest and/or interest in the Information We provide or the Services We make available through Our Website and that Information and/or those Services may be biased as a result.
Your Use of Our Website.
You may use Our Website only for legal and appropriate uses. Company reserves the right to make changes to the Website at any time and without notice. Your access to and use of the Website is completely at the discretion of Company, and Your access to and use of the Website may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for any violation of the following rules:
• You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the Website, and with all applicable copyright, trademark, or other intellectual property rights laws.
• You may not upload, post, email, transmit or otherwise make available any Content or Information which infringes any trademark, patent, copyright or trade secret or other proprietary right of any person or entity, unless You are the owner of the rights or have the permission of the owner to post such content.
• You may not intimidate, harass, stalk, defame or intentionally offend other Users of the Website or any other person or entity.
• You may not post any Information via the Website that includes hate speech, threatening messages, defamation, pornography, nudity or graphic or gratuitous violence.
• You may not use the Website to do anything that is unlawful, misleading, discriminatory, malicious or otherwise objectionable.
• You may not use the Website if You are a convicted sex offender.
• You may not interfere or attempt to interfere with the Website or another person’s use of the Website by use of any program, script, command, device, software, routine, or otherwise.
• You may not create or use accounts by automated means, under false or fraudulent pretenses, or in a way that is misleading or misrepresents Your identity or affiliation with another person or entity.
• You may not use a fake or false profile, resume, description, or picture of yourself or others.
• You may not use any software, automated program, robot, spider, scraper, or other computerized means to access the Website for any purpose without our advance written permission.
• You may not decompile, reconfigure, re-engineer, interfere or attempt to compromise Our Website, Website, platform, or system integrity or security in any way.
Your Interactions with Other Users.
The Website may enable You to interact with other Users of the Website during virtual meetings or events. You are solely responsible for Your interactions with other Users, whether online or offline. You acknowledge that the Company does not conduct criminal background checks regarding Users or otherwise inquire into the background of its Users in order to verify their, identity, criminal background, credentials, education or licenses.
Company reserves the right, but has no obligation, to monitor or become involved in disputes between You and other Users. You shall be responsible for exercising Your best judgment in determining who to interact with, who to meet and who to share personal information with. It is Your responsibility to take reasonable precautions in all interactions with other Users of the Website. In no event shall Company be responsible or liable for the conduct of any User or for any claims resulting from Your interactions with other Users.
Registration As a User.
When You register, You will be required to register by creating an account and then signing in. If You register, You represent and warrant to Us that: (i) You are of legal age to form a binding contract, and, if You are acting on behalf of an organization, You have the right to enter this Agreement on behalf of such organization; (ii) You will provide Us with accurate, current and complete registration information; (iii) Your registration and Your use of Our Website is not prohibited by law; and (iv) You have all legal rights to provide the Content You post and will not violate any confidentiality agreements, copyright or trademark laws, intellectual property agreements, court orders, or other laws or agreements that may prohibit You from posting such information, posts, comments or other such Content.
About Our Website.
a. Our Website provides information and helps increase awareness to assist parents, guardians, service providers, youth and young adults, educators, and administrators to know the risk factors that can lead to sex trafficking.
Definitions.
The following words are used throughout these Terms and have specific meanings. You should know what each of the terms means.
a. The term “Agreement” refers, collectively, to all the terms, conditions, and notices contained or referenced in these Terms and the Privacy Policy.
b. Whenever the term “Website” is used it means https://www.thecoolauntseries.com/ , all subpages and subdomains, and all Information and Services available on or through Our Website.
c. “Content” refers to content featured or displayed on or through Our Website, including but not limited to text, documents, data, articles, opinions, images, photographs, graphics, software, Websites, video recordings, audio recordings, sounds, designs, features, and other materials that are made available on Our Website either by Us, third parties, or by You. Content includes, without limitation, Your Content, and Third-Party Content which may be submitted by any User or others that are not Users.
d. “Information” refers to any Content, as well as Our software, data, pricing, ratings, products, Services, charts, analysis, comparisons, figures, marketing information, or graphics made available through Our Website.
e. The term “Service” or “Services” refers to the services provided through Our Website.
f. The term “User,” “You”, and “Your” means registered Users, the Cool Aunt team, advertisers, businesses, or third party service providers and includes persons, companies, businesses, or organizations.
h. Our Website and Website are owned by Sowers Education Group, LLC and are also referred to as “We”, “Us”, “Our”, “Company”, “Website” or “Website”. When any of these words are used in these Terms those words shall also include Our affiliates, corporate owner, directors, subsidiaries, officers, members, managers, successors, assigns, designees, suppliers, service providers, independent contractors, consultants, and employees.
License and User Content.
You are granted permission to temporarily download one copy of any downloadable materials on Our Website for personal, non-commercial transitory viewing only. This is the grant of a limited, non-exclusive, non-transferable license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Our Website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
This license is contingent upon Your compliance with these Terms. Any unauthorized use of the Website shall automatically terminate the license granted to You by the Company for such use. The Company does not claim ownership of any of the photographs, videos, information, materials and other content that You provide us in the form of feedback or comments (collectively, “Your Content”) which We agree We will not make publicly available without Your permission.
Ownership.
You acknowledge and agree that the Website, all patent rights, trade secret rights, design rights, copyrights, trademark rights, and other property rights in the Website shall at all times remain Our sole property. You will not acquire any right, title or interest in or to the Website by reason of these Terms, except for the non-exclusive license to use the Website in accordance with these Terms.
Copyright Infringement and DMCA Policy.
If You believe that any Content located on Our Website or linked to a third-party website by Us violates Your copyright, please notify Us in accordance with Our Digital Millennium Copyright Act Policy.
a. Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requests the same of Users. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, We will terminate a User’s access to and use of Our Website if the User is considered by Us a repeat infringer of the copyrights or other intellectual property rights of the Company or others. We may terminate access of Users who We believe repeatedly provide or post protected Third-Party Content without appropriate rights and permissions.
b. DMCA Take-Down Notices. If You are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on or through Our Website infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to The Company’s designated copyright agent: Business: Sowers Education Group, LLC. Attention: Rachel Thomas.
c. Response To DMCA Take-Down Notices. If We take action in response to an infringement notice, We will make a good faith attempt to contact the party that made such Content available by means of the most recent email address, if any, provided by that party to the Company. Any DMCA infringement notice may be forwarded to the party that made the Content available or to third parties such as https://lumendatabase.org/.
d. Counter-Notices. If You believe that Your Content that has been removed from Our Website is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Content You submitted, You may send a properly formatted counter-notice to the Company’s copyright agent using the contact information set forth above.
e. Response to DMCA Counter-Notices. If a counter-notice is received by the Company’s copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed Content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content will be reinstated on the Website in ten (10) to fourteen (14) business days after receipt of the counter-notice.
Intellectual Property Notice.
We retain all ownership of Our intellectual property, including Our copyrights, patents, and trademarks.
a. No Transfer. We retain ownership of all intellectual property rights of any kind related to Our Website, including applicable copyrights, patents, trademarks, and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. This Agreement does not transfer from Us to You any of the Company’s or third party’s intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Us. We reserve all rights that are not expressly granted to You under these terms.
b. Specifically, “The Cool Aunt” and all other trademarks or copyrights that appear, are displayed, or are used on the Website or as part of the Services are registered or common law trademarks or service marks of the Company or are those belonging to others who have given Us approval to use them. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without Our prior written permission.
c. Any comments or materials sent to Us or posted on Our Website, including feedback data, such as questions, comments, suggestions, or the like (collectively “Feedback”), shall be deemed to be the intellectual property of the Company. The Company’s use of the Feedback will be in compliance with Our Privacy Policy, and applicable laws. The Company shall have no additional obligations with respect to such Feedback and shall be free to reproduce, modify, use, disclose, exhibit, display, transform, create derivative works, and distribute the Feedback to others without limitation. Further, We shall be free to use any descriptions, testimonials, recommendations, criticism, ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to improving Our Website, and developing, creating, and marketing products and services incorporating such Feedback.
User Dispute Resolution Procedures.
a. Users agree that any such disputes between Users shall be settled, arbitrated, or litigated between them. If You have a dispute with one or more Users, You release the Company from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Users agree that they shall hold harmless and shall indemnify the Company from and against any such claims, demands, lawsuits or losses and that in either event the maximum liability of the Company shall be $250.00. The laws of the State of California, U.S.A. shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms and any claims to be made by a User against the Company, without regard to principles of conflicts of laws thereunder. All Users and the Company agree to submit to the exclusive jurisdiction and venue of the state courts of California, U.S.A. located in the county of Los Angeles, for any action arising out of these Terms.
b. You agree that any cause of action related to or arising out of Your relationship with the Company must commence, by filing a lawsuit pursuant to these Terms, not later than three hundred and sixty-five (365) calendar days after the claim or cause of action accrues. Otherwise, such claim or cause of action and Your rights to bring such action shall be permanently barred.
c. Jury Trial Waiver. Users and the Company acknowledge and agree to waive the right to a trial by jury as to all matters, disagreements, disputes, or controversies of any kind or nature that may exist between them.
d. No Class Actions or Representative Proceedings. Users and the Company acknowledge and agree to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disagreements, disputes, or controversies of any kind or nature. Further, unless Users and the Company both otherwise agree in writing, the court may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.
Indemnification.
You agree to indemnify, defend and hold Us harmless from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs, relating to or arising from: (a) any violation of this Agreement by You; (b) Your Content and/or any other materials that are posted or activities that occur under Your Account; (c) Your interactions or communications with any other User of the Website; and (d) reliance on the reviews, Information, statements, or communication from other Users, advertisers, or third parties using Our Website. We will have sole control of the defense of any such damage or claim made against Us.
Disclaimer of Warranties TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE WEBSITE HAS NOT BEEN VERIFIED, AND COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.
Limitation of Liability YOU ACKNOWLEDGE THAT YOU ARE 21 YEARS OF AGE, OR OLDER. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER COMPANY, NOR ANY OF COMPANY’S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “COMPANY ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF COMPANY OR A COMPANY ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO YOUR COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM BODILY INJURY AND/OR EMOTIONAL DISTRESS.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH COMPANY IS TO STOP USING THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE WEBSITE IS CONTROLLED, OPERATED AND ADMINISTERED BY COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE WEBSITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE WEBSITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN COMPANY AND YOU.
We respect and are committed to Your privacy. Please review our Privacy Policy, which also governs Your use of the Website, to understand Company’s practices.
Miscellaneous.
You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms are fair and reasonable and Your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon You by any person or entity. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules posted via the Website, represent the entire understanding between You and Company regarding Your relationship with Company and Your use of the Website. These Terms supersede all previous written or oral agreements between You and Company with respect to such subject matter. Notwithstanding any provision of these Terms, Company has available all remedies at law or equity to enforce these Terms.
Non-Assignability. The Company may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations under the Terms or the Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by You is void.
Section Headings and Summaries Non-Binding. Throughout these Terms, certain sections may include titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
Authorization to Contract. You represent and warrant that if You are an individual, You are of legal age to form a binding contract; or that if You are registering on behalf of an entity, that You are authorized to enter into, and bind the entity to this Agreement.
You represent and agree that You are either the parent or legal guardian of the minor participant, or You have gotten consent from the parent or legal guardian of the minor participant to participate in the programs this Website offers. You represent and agree that You have read these Terms, and You are signing it freely. You represent and agree that You understand the legal consequences of agreeing to these Terms, including (a) releasing the Company from all liability, (b) waiving Your and the minor participant’s right to sue the Company, (c) and assuming all risks of participating in the programs this Website offers or any virtual meetings or events that may be held. You represent and agree that You allow the participant to participate in programs offered on Our Website. You represent and agree that You understand that you are responsible for the obligations and acts of the participant as described in these Terms. You represent and agree to be bound by these Terms.