TERMS AND CONDITIONS OF USE

MEET YOURSELF IN TRUTH

 (the “Digital Course”)

1.             General Terms.

By participating in the Digital Course, including any use of third party sites or platform in connection with the Digital Course or using any of our paid or unpaid programs, products, services, online courses or any information contained on or in the Digital Course (“Programs, Products and Services” or “Service”), you are consenting to these Terms and Conditions of Use (“Terms and Conditions” or these “Terms of Use”), which may be revised at any time without notice. By and using any part of the Services, you are agreeing to be bound by these Terms and Conditions of Use, 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 these terms, you are prohibited from using any of the Services. The materials contained in the Services or any aspect of the presentation or delivery of the Services (the “Digital Course Materials”) are protected by applicable copyright and trademark law. 

The description of the Digital Course is set forth in Attachment 1 attached herein. 

The terms “we,” “us,” “our,” and “TIFTW” refer to  This Is For The Women, LLC and its affiliates, and the terms “user,” “you,” and “your” refer to visitors, customers, and any other users of the Services.

These Terms of Use apply to all visitors, customers, and all other users of the Services or any component thereof. By registering for the Services, you agree to these Terms of Use, without modification, and acknowledge reading them.

The Services are intended for people 18 or older. You must identify your age during the registration process.  If you are under 18, these Terms of Use shall apply to your parent or legal guardian, whose consent to your participation in the Services shall be deemed granted by virtue of your participation. We do not assume any responsibility for any misrepresentations regarding your age made in connection with enrollment or registration for or use of the Services. We reserve our right to terminate your enrolment or registration without notice if we believe that you have provided any false information to us when enrolling or registering for or using this Services.

Subject to your compliance with these Terms of Use, during the term of the Services, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to register for and use the Services for your personal, non-commercial use, and as we otherwise intend. We reserve the right to monitor the Service for the purpose of determining that your usage complies with these Terms of Use.

BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS OF USE, WHICH CONTAIN LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SERVICES.

1.           Use of the Services

Our Services and all the Digital Course Materials are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.  In addition to the terms below and other terms as may appear anywhere in or on the Digital Course Materials.

•    The content in the Services is solely owned by or licensed to us, unless otherwise indicated. This is the grant of a license, not a transfer of title. This content includes, but is not limited to, the design, layout, look, appearance, graphics of our Digital Course Materials or any other material or aspects of materials provided by us to you. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions.
•    If you purchase or access any of our Digital Course Materials through the Services, you will be considered our licensed customer. For the avoidance of doubt, all content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use the Services or the Digital Course Materials in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
•    You are being granted a limited license to use the Services, and Digital Course Materials with permission and restrictions. This means that when you purchase the Services you are purchasing the limited right to use the Digital Course Materials in the form that is provided by us to you with certain conditions as specified in these Terms and Conditions of Use.
•    To the extent you are provided the ability to download any Digital Course Materials, permission is granted only to temporarily download one copy for personal, non-commercial transitory viewing only.
•    Any trademarks, taglines, and logos displayed on Digital Course Materials are trademarks belonging to us. All trademarks reproduced in or as part of the Services which are not the property of, or licensed to us, are acknowledged in the Digital Course Materials. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein. 
•    For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.
•    As a customer, you understand and acknowledge that the Services and the Digital Course Materials have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use. When you enroll in or purchase the Services, you agree that you are clearly and expressly prohibited from doing the following:

o   You will not in any way use, copy, adapt or represent any  of the  Services or Digital Course Materials in any way as if they are yours or created by you.

o   You will not engage in improper and/or unauthorized use of the Services and Digital Course Materials. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Digital Course Materials or any other information accessed or purchased through the Services, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money. 

o  You will not duplicate, share, trade, sell, or otherwise distribute  the Services or Digital Course Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Digital Course Materials for their own personal use or business/commercial use. You may not transfer the materials to another person or 'mirror' the materials on any other server. This means you cannot share or sell or any part of the Services or Digital Course Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use  the Services and Digital Course Materials.  

o   You agree that should you create videos, audios, blog posts, handouts, e-mails, e-newsletters, downloadable information products, e-books, books, articles, or any other form of digital or printed media that contain the same or similar words, content, ideas, philosophy, methodology, examples or directions as any of  the Services you will engaging in improper and unauthorized use of our unique and valuable assets, exceeding the privileges granted through your limited license, violating these Terms and Conditions of Use, and considered stealing our proprietary information and intellectual property, and we reserve the right to take legal action against you and publicly acknowledge that you stole our assets.

o   You may not use the Digital Course Materials for any commercial purpose, or for any public display (commercial or non-commercial) unless explicitly provided in these Terms of Use.

o   You may not remove any copyright or other proprietary notations from the Digital Course Materials.

o   You may not engage in improper and/or unauthorized use of our Digital Course Materials or any other information related to  the Services. Unless otherwise explicitly authorized in these Terms of Use, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Digital Course Materials or any other information accessed or purchased through our Programs, Products or Services or any other communications provided by us to you promoting or relating to  the Services

•    All rights not expressly granted in these terms or any express written license, are reserved by us.
•    This license shall automatically terminate if you violate any of these Terms of Use 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.
•    We reserve the right to immediately remove you from the  Services (including any and all access to third party sites or platforms (or portions thereof) associated with the Services, ) for violations of the Terms of Use or any terms associated with the Services.
•    You hereby grant permission to TIFTW to use, without limitation, your  image, likeness and the sound of your voice as recorded on audio or video media, without payment or any other consideration.  You agree and acknowledge that your image and/or voice may be edited, copied, exhibited, published or distributed by TIFTW for marketing, sales and other purposes, and you hereby waive the right to inspect or approve any such use or product wherein you likeness and/or voice appears. Additionally, you hereby waive any right to royalties or other compensation arising or related to the use of your image or voice. 

III.        Healthcare Disclaimer

THE SERVICESARE NOT INTENDED TO DIAGNOSE, TREAT, OR CURE ANY PSYCHOLOGICAL OR MEDICAL CONDITIONS.  THE SERVICES MAY INCLUDE INFORMATION AND INSTRUCTION RELATING TO PSYCHOLOGICAL AND OVERALL EMOTIONAL AND MENTAL WELL-BEING, HYPNOSIS, NUTRITIONAL SUPPLEMENT SUGGESTIONS, EXERCISE AND FITNESS, AND SOME OF THE PRODUCTS AND SERVICES AVAILABLE THROUGH THE SERVICES RELATE TO SUCH TOPICS FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE FOLLOWING WARNINGS AND DISCLAIMERS SHALL APPLY TO ALL SUCH INFORMATION, INSTRUCTION, PRODUCTS AND SERVICES:

BEFORE PARTICIPATING IN ANY DIET OR EXERCISE PROGRAM OR USING ANY FITNESS PRODUCTS OR SERVICES THAT MAY BE DESCRIBED AND/OR MADE ACCESSIBLE IN OR THROUGH THE DIGITAL COURSE MATERIALS AND/OR THE SERVICES, WE STRONGLY RECOMMEND THAT YOU CONSULT WITH A PHYSICIAN OR OTHER PROFESSIONAL HEALTHCARE PROVIDER. TIFTW, ITS PERSONNEL, COACHES, COMMUNITY LEADERS, AND OTHER STAFF AND THE CONTENT-PROVIDERS ARE NOT LICENSED MEDICAL CARE OR HEALTHCARE PROVIDERS, AND ARE NOT RENDERING PERSONAL MEDICAL, SOCIOLOGICAL AND/OR PSYCHOLOGICAL TREATMENT OR ADVICE, AND HAVE NO EXPERTISE IN COUNSELING ON, DIAGNOSING, EXAMINING, OR TREATING SOCIOLOGICAL, MEDICAL OR PSYCHOLOGICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF ANY WELLNESS SERVICES OR ANY SPECIFIC EXERCISE OR DIET SUPPLEMENT ON A MEDICAL CONDITION.

BY USING THE SERVICES, YOU REPRESENT THAT YOU UNDERSTAND THAT PHYSICAL EXERCISE INVOLVES STRENUOUS PHYSICAL MOVEMENT, AND THAT SUCH ACTIVITY CARRIES THE RISK OF INJURY. IT IS YOUR RESPONSIBILITY TO ENSURE THAT BY PARTICIPATING IN COURSES AND OTHER ACTIVITIES PROVIDED AS PART OF THE SERVICES, YOU WILL NOT EXCEED YOUR LIMITS PHYSICAL, AND YOU WILL SELECT THE APPROPRIATE LEVEL OF CLASSES FOR YOUR SKILLS AND ABILITIES, AS WELL AS FOR ANY MENTAL OR PHYSICAL CONDITIONS AND/OR LIMITATIONS YOU MAY HAVE.  YOU UNDERSTAND THAT, IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF ANY SUCH SUGGESTED ADJUSTMENT OR EQUIPMENT IS APPROPRIATE FOR YOUR LEVEL OF ABILITY AND PHYSICAL AND MENTAL CONDITION. YOU ACKNOWLEDGE AND AGREE THAT WHEN PARTICIPATING IN ANY DIET, EXERCISE, HERBAL, OR EXERCISE PROGRAM, AND/OR WHEN USING ANY DIET OR FITNESS PRODUCTS OR SERVICES, THERE IS THE POSSIBILITY OF PHYSICAL INJURY AND/OR DEATH, AND YOU ASSUME THE SOLE RISK AND RESPONSIBILITY FOR ANY SUCH ACTIVITIES.. THE SERVICES ARE NOT MEANT TO BE SUBSTITUTES FOR MEDICAL ADVICE FROM YOUR PHYSICIAN OR HEALTH CARE PROVIDER OR ANY INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, OR APPROPRIATENESS FOR ANY PURPOSE OF ANY INFORMATION OR CONTENT CONTAINED ON IN THE DIGITAL COURSE MATERIALS OR THE SERVICES . YOU ARE ADVISED THAT HEALTH ADVICE IS OFTEN SUBJECT TO UPDATING AND REFINING DUE TO MEDICAL RESEARCH AND DEVELOPMENTS. WE MAKE NO GUARANTEE THAT THE INFORMATION HEREIN IS THE MOST RECENT ON ANY PARTICULAR SUBJECT.

YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF A STATEMENT YOU HAVE HEARD OR READ  IN THE DIGITAL COURSE MATERIALS AND/OR HEARD AND/OR READ IN THE SERVICES. OUR WEBSITE AND THE SERVICES SHOULD NOT BE USED IN LIEU OF ADVICE GIVEN BY QUALIFIED MEDICAL PROFESSIONALS S IT IS IMPORTANT THAT  HE SERVICES ARE USED ONLY IN CONJUNCTION WITH QUALIFIED MEDICAL GUIDANCE. IF YOU KNOW OR SUSPECT THAT YOU MAY BE PREGNANT, HAVE AN EATING DISORDER, HAVE DIABETES, OR HAVE ANY OTHER PHYSICAL OR MEDICAL CONDITION, IT IS IMPERATIVE THAT YOU SEEK THE ADVICE OF YOUR PHYSICIAN  PRIOR TO USING THE SERVICES. IF YOU EXPERIENCE ANY DISCOMFORT OR PAIN DURING A DIET OR EXERCISE ROUTINE YOU MUST IMMEDIATELY CEASE THE ACTIVITY AND SEEK THE ASSISTANCE OF A PHYSICIAN.

YOU AGREE THAT NOTHING CONTAINED IN  THE DIGITAL COURSE MATERIALS OR AS PART OF THE SERVICES SHOULD BE CONSTRUED AS ANY FORM OF MEDICAL ADVICE, PSYCHOLOGICAL COUNSELING,  OR DIAGNOSIS. WITHOUT LIMITING ANYTHING HEREIN, YOU EXPRESSLY WAIVE AND RELEASE ANY CLAIM THAT YOU MAY HAVE AT ANY TIME FOR INJURY OF ANY KIND AGAINST TIFTW, OR ANY PERSON OR ENTITY INVOLVED WITH TIFTW, INCLUDING WITHOUT LIMITATION ITS COACHES, TRAINERS, COMMUNITY LEADERS, DIRECTORS, PRINCIPALS, INSTRUCTORS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, AFFILIATES AND/OR REPRESENTATIVES.

1.   Additional Terms, Conditions And Disclaimers
2.   Account Registration and Account Use.

In order to use the Services’ you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to TIFTW will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

You agree to notify TIFTW immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by TIFTW or a third party due to someone else using your account.

TIFTW has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.  

2.   Modification, Correction, Suspension, Termination.

These Terms of Use are effective unless and until terminated by you or us.  We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services  part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any such termination, modification, suspension or discontinuance of the Services. We may deny you access to all or part of the Services at any time for any reason (including if you violate these Terms of Use, as determined in our sole and absolute discretion) or no reason at all.

We endeavor to describe and display the Services as accurately as possible. While we try to be as clear as possible in explaining the Services, please do not accept that information provided in the Digital Course Materials or in connection with the Services is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

If you terminate your account, you will remain liable under these Terms of Use for any purchase made prior to termination. If we terminate your right to access the  Services these Terms of Use will terminate and all rights you have to access the Services will immediately terminate.

3.       No Refunds; FCR Collection Services Authorization; Prior Consent:

1. We do not provide refunds for the Service once your registration is complete and you have made your first payment as set forth in Attachment 1. If you choose to make monthly payments for the Services, failure to make the additional payments on time may result in the termination of your account and/or sending your account to collections in addition to other legal remedies available. You are fully committed to making all payments. This is not a subscription based product. If there is an issue with billing, it is your responsibility to notify us of the error and maintain awareness of transactions posting to your account. 

 

1. A refund may be issued if, within twelve (12) months following the Program’s commencement date, you submit to us the following, subject to our approval in our sole discretion: (a) proof that you have consistently engaged with the Digital Course work; (b) at least one hundred (100) completed worksheets; (c) at least one hundred eighty-three (183) completed daily journal prompts; and (d) a statement explaining why you believe the Digital Course was not helpful to you in any way.
2. You understand if you have an unpaid balance to TIFTW and do not make satisfactory payment arrangements, your account may be placed with an external collection agency. You will be responsible for reimbursement of the fee of any collection agency, which may be based on a percentage at a maximum of thirty five percent (35%) of the debt, and all costs and expenses, including reasonable collection and attorney’s fees incurred during collection efforts. 
3. In order for TIFTW or our designated external collection agency to service your account, and where not prohibited by applicable law, you agree that TIFTW and the designated external collection agency are authorized to (i) contact you by telephone at the telephone number(s) you are providing, including wireless telephone numbers, which could result in charges to you, (ii) contact you by sending text messages (messages and data rates may apply) or emails, using any email address that you provide and (iii) methods of contact may include using pre-recorded/artificial voice message and/or use of an automatic dialing device, as applicable. Furthermore, you consent to the designated external collection agency to share personal contact and account related information with third party vendors to communicate account related information via telephone, text, e-mail, and mail notification. 

4.  Content Ownership; Third-Party Content; Social Media Accounts; Copyright:

The Services may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the Services may contain links to or involve participation on third-party websites or platforms. TIFTW is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept any responsibility for the content on such third-party sites.  Your use of all third party websites and/or platforms are subject to the terms of use and other rules applicable to such websites and/or platforms.

If you send comments or suggestions about the Services to TIFTW, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the TIFTW. No submission shall be subject to any obligation of confidence on the part of TIFTW. TIFTW shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent us from exploiting the rights granted in herein.

You also grant us the right to use and display the name, photograph and any other biographical information that you submit with any User Content in connection with such User Content.

You acknowledge and agree that you are solely responsible for all the User Content that you make available in connection with your participation in the Services, including, without limitation, any personal information, such as your home address, the home address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION, EITHER DIRECTLY TO US OR IN CONNECTION WITH YOU PARTICIPATION IN THE SERVICES. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant TIFTW the required rights to disseminate any User Content, (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or TIFTW’s use of your uploaded User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy, (3) publish falsehoods or misrepresentations that could damage us or any third party; (4) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (5) you will not post content intended to provide professional advice, including the provision of medical advice; or (6) post advertisements or solicitations of business.

You understand that when you submit content in any form to TIFTW we may authorize such content to be distributed or syndicated to or published on other TIFTW-branded environments. We have the right to remove or edit any User Content for any reason or no reason at all.

Social Media Accounts:

The terms hereof (including all disclaimers) shall apply to TIFTW’s presence on any and all social media or similar platforms (including, without limitation, Facebook, Instagram and Twitter) (“Social Media Accounts”).  TIFTW does not monitor the Social Media Accounts, and has no obligation to respond, comment, engage, interact or otherwise participate on the Social Media Accounts.

Copyright Infringement:

We respect the intellectual property of others, and, particularly as to user generated content in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the TIFTW Copyright Agent the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;

(c) a description of where the material that you claim is infringing is located;

(d) your address, telephone number, and email address;

(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

The TIFTW Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached via email at [email protected].

5.  User Content and Opinions:

Opinions and other statements expressed by users and third parties are theirs alone, not opinions of TIFTW. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through in connection with the Services, TIFTW is not undertaking any obligation or liability relating to the content. TIFTW and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Services and the platforms available thereunder for inappropriate or unlawful content. TIFTW and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, TIFTW reserves the right to block or remove communications, postings or materials at any time in our sole discretion.

6.  Confidentiality and Non-Disclosure.  The goal of the Program is to create a forum for the healthy exchange of ideas and expression.  In participating in the Program, you agree that (i) personal information provided by other participants is confidential and intended solely for use within the Program, (ii) you shall not share any part of such information with any third party, without a written consent of the disclosing party.
7.  No Warranty.

THE DIGITAL COURSE MATERIALS AND THE SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS,” TO THE FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. TIFTW DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW.

TIFTW DOES NOT REPRESENT OR WARRANT THAT THE DIGITAL COURSE MATERIALS SERVICES OR EMAILS SENT TO YOU WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. TIFTW MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE SERVICES OR ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. THE SERVICES AND THE DIGITAL COURSE MATERIALS MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY US, OUR COACHES, COMMUNITY LEADERS, GUEST SPEAKERS OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT PROVIDED AS PART OF THE SERVICES IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.

TIFTW DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES AND TIFTW WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TIFTW WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS.

THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAWS OF THE STATE APPLICABLE TO YOU.

8. 8. Limitation of Liability:

IN NO EVENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WILL TIFTW, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “TIFTW” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SERVICES, EVEN IF TIFTW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. TIFTW WILL NOT BE LIABLE FOR THE COST OF SERVICES, LOSS OF REVENUE OR LOSS OF GOOD WILL.

IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE SERVICE(S) TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A SERVICE, $100.  THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW.

BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OR NATION OF RESIDENCE.

9. 9. Indemnification:

You agree to defend, indemnify and hold harmless TIFTW, its affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any purchase of service or transaction in connection with the Services (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future); (d) arising from or related to our use of your User Content or Feedback in the context of the Services; or (e) arising from, related to, or connected with your use or misuse of the Services. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent.

10.  Disclosure of Information; Data Transmission Laws:

In the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.  You agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

11.  Disputes:

You and TIFTW agree that any claim or controversy that arises between us relating in any way to any breach, enforcement, or termination of the Terms or your use of or access to the Site or Service (each a "Covered Matter" and collectively, “Covered Matters”), will be resolved in accordance with the provisions set forth in this Section.

(a) Informal Resolution.  If you have any dispute with TIFTW, you and TIFTW agree that before taking any formal action, you will contact us at [email protected] provide a brief, written description of the dispute and your contact information (including the email address associated with your account, if your dispute relates to an account), and allow sixty (60) days to pass, during which TIFTW will attempt to reach an amicable resolution of any issue with you.

(b) Applicable Law. You and TIFTW agree that United States federal law including the Federal Arbitration Act, and (to the extent not inconsistent with or preempted by federal law) the laws of the State of California, USA, without regard to conflict of laws principles, will govern all Covered Matters. Such body of law will apply regardless of your residence or the location of where you use the TIFTW Services.

(c) Agreement to Arbitrate Disputes.  Any controversy or claim (“Claim") you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in San Diego, California. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Illinois and/or the United States District Court for the Northern District of Illinois shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE. The ABA reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms of Use.

Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class-wide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of court located in Cook County, Illinois

(d) Arbitration Opt-Out Procedure.  In order to opt-out of arbitration, you must contact us with your name, address (including your street address, city, state, and zip code), email address(es) associated with your account(s) to which the opt-out applies, and an unaltered digital image of your valid driver’s license. This procedure is the only way you can opt out of the agreement to arbitrate in this Section. If you opt out of the agreement to arbitrate, all other parts of the Terms and this Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with TIFTW.

(e) BY AGREEING TO THE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE (i) TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE), (ii) TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES, AND (iii) TO A TRIAL BY JURY EVEN IF ANY ARBITRATION IS NOT REQUIRED UNDER THE TERMS.

(f)  STATUTE OF LIMITATIONS FOR YOUR CLAIMS.  REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY COVERED MATTER MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

12.   Miscellaneous:

(a) All terms of these Terms of Use, which by their nature would survive the termination, shall survive.

(b) Due to the nature of the Internet, we may be unable to  prohibit minors from visiting aspects of the services. The Services are not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13.

(c) Under no circumstances shall TIFTW or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

(d) No waiver of any term of these Terms of Use will be binding unless in writing, no waiver of any term of these Terms of Use will be deemed a further or continuing waiver of such term or any other term, and the failure of TIFTW to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms of Use to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in full force and effect.

(e) These Terms of Use (and all policies, terms and conditions referenced herein) constitute the entire agreement between you and TIFTW and govern your use of the Services provided by TIFTW and supersede any prior agreements between you and TIFTW on the subject matter. You also may be subject to additional terms that may apply when you use certain TIFTW services or third-party content, links or websites. These Terms of Use, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms of Use, and any rights or licenses granted hereunder, may be assigned or delegated by TIFTW without restriction. These Terms of Use bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms of Use may not be modified by an oral statement by a representative of TIFTW. A party’s failure or delay in exercising any right, power or privilege under these Terms of Use will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these Terms of Use. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms of Use. You agree to comply with all applicable laws in your use of the Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. These Terms of Use will not be construed against the drafter. “Include(s)” or “including” means, respectively, “include(s), without limitation,” or “including, without limitation,”, unless expressly stated otherwise. If you are using the Services for or on behalf of the U.S. or any other government, your license rights do not exceed those granted to non-government consumers.

(f)  If you wish to transact or communicate with us, you agree to do so by electronic means. You authorize us to send you important notices about the Services and any pending transactions to an email address you provide to us, if you have purchased access to Services or otherwise provided your email address to us, such notice will be effective on dispatch. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use the Services. If you give notice to us, it will be effective when received and you must use the following email address:

team@jannerobinson.com

Last Modified June Feb 26, 2021.

 

ATTACHMENT 1

MEET YOURSELF IN TRUTH  DIGITAL COURSE

Digital Course Description 

Meet Yourself In Truth Digital Course includes:

• One (1) year access to ‘Meet Yourself In Truth’ Digital Course with workbook (including 80+ worksheets)
• A one-time payment of $97.