Terms and Conditions of Use
Hello! Thank you for shopping at Simply Kinder. To make things a little easier to digest, we’ve briefly summarized the “do’s and don’ts” of using our content and materials. In no way is this summary to be viewed or interpreted as a replacement, substitute, or full outline of our terms. You understand that this summary supplements and is incorporated in our Resource Terms and Conditions of Use found below.
You must read our Resource Terms and Conditions of Use in its entirety and be sure you agree to all terms before purchasing any of our products.
How can you use our content and materials?
· You must purchase and then download our materials.
· Digital files are not to be shared, traded, mimicked, imitated, duplicated, reproduced, resold, distributed, or disclosed. A single-user standard license is issued to the individual purchaser.
Can I share this resource with a friend or colleague?
Yes and no. We encourage you to work together and share but each person using our resources must purchase their own copy of our materials (or an additional license if that option is available) before sharing. Our resources are for one classroom or household use only, unless a multi-seat license is purchased.
Can I use Simply Kinder resources on digital platforms?
Our resources can be shared in closed, private, online classrooms/platforms such as Google Classroom, Canva, Teams, and Seesaw. We ask that you extract the pages you need from the file and not post the file in its entirety.
Our resources cannot be shared on public platforms like school or district websites, or public forums like Facebook Groups. (A classroom Facebook group is OK if it is open to just your class). We also ask that you remove our resources when they are done being used and/or at the end of the school year.
Can I use Simply Kinder resources in commercial ways?
No, our resources cannot be used for commercial use on any websites (such as Outschool), platforms, or courses.
Do your resources follow a certain program or curriculum?
No. Our resources are meant to be used as supplemental to partner with good teaching methods.
How can teachers use our materials?
· Our resources can be shared in closed, private, online classrooms/platforms such as Google Classroom, Canva, Teams, and Seesaw. We ask that you extract only the pages you need from the file and not post the file in its entirety.
· Our resources cannot be shared on public platforms like school or district websites, or public forums like Facebook Groups. (A classroom Facebook group is OK if it is open to just your class).
· You must remove our materials from your platform when you’re done using them and/or at the end of the school year
· We ask that you only display the pages of our materials that you need to cover in your classroom and not the whole entire download. You must also credit us on each page that is shared. If you decide to split a PDF of our materials, you must leave the credits page at the end of the PDF, along with the links to the clipart.
· If you are NOT the original purchaser, you must make your own purchase from us and then download the materials for your classroom or household.
· You cannot sell online courses with our materials nor create additional resources.
· Our materials can be used with classroom aides of the ONE classroom that the teacher has purchased and downloaded our materials for.
Request for Permission to Use Our Content
If you have any request for written permission to use our materials, or any other intellectual property, or if you just are not sure if you can use our materials in the way you’d like, please contact us by sending an email to: [email protected]
Below, please find the terms and conditions:
THESE TERMS AND CONDITIONS OF USE CONTAIN DISCLAIMERS, AN ARBITRATION PROVISION, AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY.
If you do not agree with these TOU, you may not purchase or use the Resources.
As used in these TOU, the term “Releasees” is defined to include the following: (i) Simply Kinder, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, representatives, successors, and assigns (collectively “the Company”, “we” or “us”); (ii) any Company volunteers; (iii) Jennifer Kadar.
The Resources are intended and only suitable to be purchased by individuals aged 18 and above. Some of the Resources may not be appropriate for children.
2. Payment and Refunds
The Resources may be purchased on the Websitesor on third-party sites such as TeachersPayTeachers.com. If you purchase the Resources/a license on a third-party site, you will be subject to separate fees and such party’s terms and conditions as well as these TOU.
Resources you purchase are delivered electronically.
When placing an order, you agree that any and all information you give us is accurate and complete. All orders are subject to acceptance. All prices listed on the Company’s shop are correct at the time of entering the information, however, the Company reserves the right to change the price of any Resource at any time. The total price of your order, including any sales taxes, will be displayed prior to your purchase confirmation.
You must check all the details on the confirmation invoice are correct and contact the Company as soon as possible if any details are incorrect.
Discount vouchers, codes, and offers cannot be used on previous purchases or sales/ already discounted products unless otherwise stated.
The Company may offer a variety of payment methods to pay for purchases, such as a credit and debit card, or PayPal. We only accept payments in United States Dollars (USD). Cash payments and payments in other currencies will not be accepted. We may change or add to our accepted payment methods at any time and we are not obligated to accept payment by any means other than those accepted at the time of your purchase.
If paying by debit card or credit card, you give us 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).
When you purchase any Resources from the Company, you represent and warrant that you’re authorized to make the purchase and to use the payment method and billing information you’ve provided. The Company is not responsible for any additional fees you may be charged by your financial institution such as international transaction fees or overdraft fees.
Your satisfaction with the Resources is important to us. However, because of the extensive time, effort, preparation, and care that goes into creating and providing the Resources, all sales are considered final and nonrefundable once an order is submitted.
If you are dissatisfied with your purchase or download, please contact us at [email protected] and we will do our best to assist you.
Since we have a clear and explicit refund policy in these TOU that you have agreed to prior to completing the purchase of the Resources, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor.
The following terms apply to your purchase or use of the Simply Kinder Plus membership (the “Membership”), found at www.simplykinderplus.com (“SKP Website”).
The Membership includes access to the SKP Website and all Resources therein and a discount code to use in Simply Kinder’s traditional shop on any Resources not found on the SKP Website
The Membership may be purchased on a monthly subscription basis for a monthly fee (the “Monthly Fee”) or a yearly subscription basis (the “Yearly Fee”). The Monthly Fee and Yearly Fee shall be noted on the SKP Website. The Membership shall commence on the date of purchase. Each Monthly Fee will be charged to you each month on the date of original purchase and the Yearly Fee will be charged to you each year on the date of original purchase. The Membership automatically renews each month or year as applicable and such fee will be charged to you continuously until you cancel the Membership. It is your responsibility to cancel the Membership prior to renewal.
There is no minimum purchase requirement, and you may cancel the Membership at any time. In order to terminate you may
1. Log in to your Account on the SKP Website and use the Subscription section to cancel;
2. Send a letter to 24654 N Lake Pleasant Parkway Ste 103-750, Peoria, AZ 85383 with your account information and request to terminate; or
3. Send us the preformatted email below from the email address associated with your Account.
“Please cancel the account associated with this email address prior to my next regularly scheduled renewal/payment.”
The Membership must be terminated prior to billing to avoid the next regularly scheduled payment. No refunds will be issued after payment is charged to your account.
As applicable, you consent to recurring monthly payments for the Monthly Fee for the Membership and recurring yearly payments for the Yearly Fee for the Membership. You hereby authorize Company to bill your payment instrument in advance in accordance with the terms of the applicable payment plan until you terminate the Membership, and you further agree to pay any charges so incurred.
You will be required to provide Company’s third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to Company that such information is true and that you are authorized to use the payment instrument. You will promptly update Company with any changes to your billing information (for example, a change in your billing address or credit card expiration date) that may occur. Access will be revoked to the Membership if you choose a payment plan or subscription and do not complete the payments on schedule.
If you dispute any charges you must let Company know within sixty (60) days after the date that Company charges you. Company reserves the right to change the price of the Membership, subject to applicable law. Your continued use of the Membership after notice of the price change constitutes your agreement to pay the changed amount, except where prohibited by law.
4. Intellectual Property Rights
a. Ownership of the Content:
All intellectual property, which includes but is not limited to, the words, texts, videos, voice and sound recordings, training materials, design, layout, trademarks, graphics, photos, images, information, materials, documents, data, databases, and all other information and intellectual property accessible on or through the Resources, the Websites, any third-party website the Company may use to distribute or host the Resources, 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 our affiliates or licensors unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
b. The Company’s Limited License to You:
If you view, purchase, download, or access any of the Resources or Content, you will be considered our licensee. For the avoidance of doubt, you, and only you, are granted a revocable, limited, non-transferable, non-sublicensable license for only non-commercial and educational use, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Resources or Content for your one classroom or one household, for educational purposes only which includes, but is not limited to, providing the Resources or Content to classroom aides, substitute teachers, and classroom observers as needed.
The Company’s Resources and Content cannot be shared, disclosed, or distributed on any teacher, school, or district websites or public forums (e.g., Outschool), nor may the Resources and Content be used to create a course that is to be sold. All Resources and Content may be used only in and on a closed online platform (i.e., Google classrooms or Seesaw) by the purchaser for their students.
Each classroom or household must purchase their own Resources for Google classroom, Seesaw or any other closed online platform. The purchasing, viewing, accessing or downloading of the Company’s Content or Resources will grant that one classroom or household a single user, limited, revocable, non-transferable, one classroom or household license only for that classroom or household. A license to use our Resources and Content at purchase and download does not grant the entire company, organization or educational institution, or a group or “team” of teachers, a license. An individual’s purchase and download of materials is for use in one classroom or household only.
The distributing, sharing, viewing, and accessing of the Company’s Content and Resources in a closed online platform is permitted, however, they cannot be shared in whole. Only relevant, necessary pages and parts of the Resources and Content may be shared on and in a closed online platform and must credit our Company on the last page of the page(s) that may be shared If you decide to split a PDF of our materials, you must leave the credits page at the end of the PDF, along with the links to the clipart. The Company also requires all Company Content and Resources to be removed from a classroom once the purchaser is done using them, and at the ending of the school year.
You may not republish, create derivatives, reproduce, perform, reverse engineer, translate, duplicate, sell, disclose, distribute to the general public, friends, family, or any other third party, or otherwise use any material from the Resources or Content for commercial purposes or in any way that earns you or any third-party money. By accessing and viewing the Resources/Content, you agree that you will not create any electronic information product that utilizes the information gained through the Resources or Content whether or not that information was available through other means. By downloading, printing, or otherwise using the Resources or Content for one classroom or one household use, you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Resources or Content shall constitute infringement.
You must receive our written permission before using any of the Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Resources or 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 or the removal of said trademarks, is strictly prohibited without our written permission.
All rights not expressly granted in these terms or any express written license, are reserved by us.
c. Unauthorized Use
Your use of any materials found in the Resources or Content other than that expressly authorized in this agreement 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 Resources for each instance of Unauthorized Use, or a minimum of $5,000 if you did not pay fees for the Resources, 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 this Agreement would cause irreparable injury to us that may not be adequately compensated by damages, entitling us to obtain injunctive relief, without bond, in addition to all legal remedies.
d. Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material to the Company in connection with your use of the Resources, such as comments, reviews, posts, photos, designs, graphics, images or videos, or other contributions, you are representing to us that you are the owner of all such materials and have the right to grant the below licenses, and you are at least 18 years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Resources and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that you may submit to the Company during your use of the Resources and Content that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation or use of any Resources, without compensation to you at any time, now or at any time in the future.
You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, reviews, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Resources or in our Content at any time for any reason.
This means you give the Company permission to use anything you submit or post regarding the Resources or any third-party forum or website operated by the Company, or anything captured by the Company during your participation or use in the Resources, including images in which your face is visible and recognizable.
e. Request for Permission to Use the Content
If you wish to use any of the Resources/ Content, or any other intellectual property or property belonging to us, you should request permission in writing BEFORE you use the Resources/ Content by sending an e-mail 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 us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Resources and Content. You also agree that such action will constitute infringement for which Company may take legal action against you.
5. Your Conduct; Confidentiality
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
Company is not legally bound to keep your information confidential. Nevertheless, Company agrees to keep all non-public information about our relationship strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if you threaten to harm yourself, or others. Company reserves the right to report to the appropriate authority any post, comment, message or participant that Company deems, in its sole discretion, may implicate the safety of either a participant or a third party. Company may disclose information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
You agree to keep all information you learn about other users, their business, or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.
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 forums operated by the Company, whether by leaving a comment or review, 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 or otherwise in violation of any law or the rights of others.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PARTICIPANTS WHILE USING THE RESOURCES OR INTERACTING ON THE WEBSITES. YOU ACKNOWLEDGE AND UNDERSTAND THAT SIMPLY KINDER HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS PARTICIPANTS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS PARTICIPANTS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS PARTICIPANTS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER PARTICIPANTS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER PARTICIPANT IN PERSON. SIMPLY KINDER DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS PARTICIPANTS. IN NO EVENT SHALL SIMPLY KINDER BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY PARTICIPANT’S CONDUCT, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN PARTICIPANTS.
The Company, in its discretion, may delete or modify, in whole or part, any post, review, comment or submission to the Websites and any third-party forums 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 forums 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 forums operated by the Company.
You are strictly forbidden from the following:
• Causing damage to any Company website or third-party forums operated by the Company;
• Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent, or harmful purpose or activity;
• Demonstrate or communicate disrespectful actions or comments, which include, but are not limited to hate speech, discriminatory comments, physical, mental, or emotional abuse;
• Using any Company website or third-party forums 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 forums 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 forums operated by the Company; and
• Sharing private and proprietary information from the Resources with anyone else.
We may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Websites or a third-party website such as www.facebook.com, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these TOU.
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 use of the Resources and your access to the Content.
6. Username and Password
The Company reserves the right in its sole discretion to refuse or terminate your access to the Resources and Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the Resources or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Resources and its Content will still apply now and in the future, even after termination of use of the Resources/Content by you or the Company.
8. Personal Responsibility, Assumption of Risk, Release, Disclaimers
a. The Resources and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Resources or Content prevents, cures or treats any mental or medical condition. The Resources and Content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, teacher, 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 Resources and Content. You agree that Company’s Resources and Content are to be used as a tool for education. The Company’s Resources and Content are meant to be used as supplemental and are made to partner with good teaching methods. Company is not responsible for any errors or omissions in the Resources or Content. You agree that Company is not responsible or liable for providing inadequate education or educational malpractice.
b. Results Disclaimer. You agree that Company has not made and does not make any representations about the results you may receive as a result of your participation or use of the Resources or Content. The Company cannot and does not guarantee that you will achieve any particular result from your use of the Resources and Content, and you understand that results differ for each individual.
c. Any links to third-party products, services, or sites are subject to separate terms and conditions of such parties and you agree to be bound by such policies. The Company is not responsible for or liable for any content on or actions taken by such a 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. If there is a dispute for any events or commercial transactions with a third party discovered through or linked in the Resources, you expressly hold Company harmless from any and all liability in any dispute.
d. The Company tries to ensure that the availability and delivery of the Resources 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, we will try to limit the frequency and duration of suspension or restriction.
e. THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE RESOURCES AND 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 RESOURCES OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE RESOURCES, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
f. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE RESOURCES, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE RESOURCES. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE RESOURCES OR THE TOU MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
10. Legal Disputes
The TOU shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to its conflict of laws. Any controversy or claim arising out of or relating to the Website, Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Maricopa, Arizona. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Websites, Resources, Content or TOU. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR A COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
11. Users Outside United States
The Company controls and operates the Resources and Content from offices in the United States. The Company does not represent those materials in the Resources and Content are appropriate or available for use in other locations. People who choose to access the Resources and Content 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. You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Resources and Content.
12. Indemnification and Release
You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest, and its and their employees 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 Resources or Content, (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 in the Resources or Content or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
13. Force Majeure
The Company shall not be deemed in breach of these TOU if Company is unable to provide all of the Resources 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 the occurrence of any Force Majeure Event, the Company shall give notice to you of its inability to perform or of delay in providing the Resources and shall propose revisions to the schedule for completion or delivery of the Resources or other accommodations, or may terminate the sale or provision of such Resources.
If you send Company an email, purchase or download Resources, or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
15. General Provisions.
If any provision of these TOU is held invalid or unenforceable, the remainder of these TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. 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.
This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This TOU supersedes all prior written and oral representations. The TOU may not be assigned by you without Company’s prior written consent; however, the TOU may be assigned by Company at its sole discretion.
Company may change, modify or update these TOU at any time without notice. Any access or use of the Resources and Content by you after Company posts such changes shall constitute consent of such modifications.
The failure of Company to exercise or enforce any right or provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the TOU by Company must be in writing and signed by an authorized representative of the Company.
All notices with respect to the TOU must be in writing and may be via email to [email protected] for Company and to your email address. If you have any questions or concerns about these TOU, please contact us.
By clicking on the box when signing up for the Membership, Resources, Content, or making your purchase, you are providing the electronic equivalent of your signature and assert that you have read, understood, and agreed to this entire document. If you do not agree with these TOU, do not purchase or use the Membership, Resources, or Content.