TERMS OF SERVICE
These Customer TERMS OF SERVICE (“Terms of Service”) constitute a binding contract between you (“Customer” or “you”) and the applicable Cassidy Brooke Photography, LLC (“Company”), regarding the terms under which the Company will provide Customer with access to the Services.
BY CLICKING ON THE BUTTON MARKED “I ACCEPT”, CUSTOMER SIGNIFIES ITS AGREEMENT TO ABIDE BY THESE TERMS OF SERVICE (“Acceptance”). Customer agrees that its assent, given electronically, will have the same legal effect as if it had been personally signed by Customer. To the extent permitted by law, these Terms of Service are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically. Please print a copy of these Terms of Service for future reference.
1) TERMINOLOGY.
· “Effective Date” - refers to the date that the Company confirms Customer’s right to use the Subscription Website.
· “Exercise Files” - refers to the files (documents, photos, and so on) that an author may use during the applicable course.
· “Gift Subscription” - refers to a right to use the Subscription Website as a recipient of a gift, i.e., the recipient does not have to provide credit/debit card information during the registration process. The sender of the Gift Subscription is not deemed a Customer but the recipient of a Gift Subscription will be deemed a Customer upon Acceptance of these Terms of Service.
· “No Fee Trial” - refers to a temporary right to use the Subscription Website at no charge during the permissible No Fee Trial period and in accordance with any applicable terms, including, but not limited to, Acceptance of these Terms of Service. A No Fee Trial may or may not require the insertion of credit/debit card information.
· “Premium Content” - means the Exercise Files and the Standard Content offering within the Subscription Website.
· “Public Website” - means that portion of the Website that is available for use by any person without the need to be a Customer.
· “Services” - means the Public Website, the Subscription Website, and their entire contents, features and functionality (including but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, the Standard Content, the Exercise Files, and any documentation pertaining to the foregoing).
· “Standard Content” - refers to content within the Subscription Website that does not include the Exercise Files.
· “Customer” - also referred to as “Member”, refers to an individual/entity/organization/institution that has the right to access the Subscription Website via a Subscription Fee (“Paid Subscription”), Gift Subscription, No Fee Trial, or other basis. A Customer must be at least 18 years of age or, as applicable, the age of majority in the country, state or other jurisdiction in which the Customer resides (and if a minor, have the permission of a parent or legal guardian to access the Subscription Website), and possess the legal right and ability to enter into binding contracts. Furthermore, a Customer may be an ‘Individual’ or ‘Multi-User’ Customer as follows:
o ‘Individual Customer,’ refers to a Subscription by one individual only (“Individual Subscription”); or
o ‘Multi-User Customer,’ refers to an entity, organization, or institution, that subscribes to the Services for use by its constituents, who may include employees, students, faculty, or other end users, etc. (“Constituents”) (“Multi-User Subscription”). The Customer under a Multi-User Subscription will remain liable for all acts or omissions of its Authorized End Users (defined below) with respect to access and use of the Services; furthermore and for the avoidance of doubt, the Customer will be responsible for ensuring that its Authorized End Users remain fully compliant with these Terms of Service, the Privacy Policy and the Website Use Policy. With respect to a Multi-User Subscription, the following terms will apply:
i. “Authorized End Users”, refers to the Constituents of the Multi-User Customer. The number of Authorized End Users under any single Multi-User Subscription may not exceed the number of permitted seats paid under the Subscription (“Maximum Seats”). The Authorized End User’s identifier must not be of a generic nature. An example of a unique identifier is ; examples of generic identifiers include the following: or [email protected].
ii. “Master Administrator” means the administrator designated by the Multi-User Customer who has reporting access and management tools and who may substitute Authorized End Users not to exceed the number of Maximum Seats.
o Customer agrees on behalf of itself and its Authorized End Users, where applicable, to treat password, usernames, and other security information (“Authentication Information”), as confidential and to not provide any other person with access to the Subscription Website or portions of it using Customer’s (or the Authorized End User’s) Authentication Information. Customer will notify the Company immediately of any unauthorized access to, or use of, Authentication Information. The Company has the right to disable any Customer or Authorized End User access to the Services at any time, in its sole discretion [for any or no reason, including] if, in the Company’s opinion, Customer and/or Authorized End User has violated any provision of these Terms of Service or appear likely to do so.
· “Subscription” - refers to a right to use the applicable portion of the Subscription Website as a Customer under a Paid Subscription, Gift Subscription, No Fee Trial, or other form of right and/or fee to access the Subscription Website.
· “Subscription Term” - means the period of time that a Customer may utilize the applicable portion of the Subscription Website.
· “Subscription Website” - means the applicable portion of the Website (i.e., Premium Content or Standard Content or any portion thereof), that is available only to a Customer. This also includes any course listed on Kajabi.com or similar website.
· “Virus” means any item or device (including any software, code, file or program) which is designed to prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
· “Website” - means all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology inherent in Company's website located www.lynda.com (or such other web address notified by the Company to Customers at any time), and includes the entirety of both the Subscription Website and the Public Website. This also includes any course listed on Kajabi.com or similar website.
2) INFORMATION ABOUT THE COMPANY.
Cassidy Brooke Photography, LLC is a North Carolina limited liability company headquartered at 201 N McDowell St, Unit 31781, Charlotte, NC 28231.
3) CUSTOMER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS, AND OBLIGATIONS.
· Subject to these Terms of Service, Customer will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicenseable right to access that portion of the Subscription Website applicable to the Subscription type. By agreeing to grant such access, the Company does not obligate itself to maintain the Website, or to maintain it in its present form. The Company may upgrade, modify, change or enhance the Services and convert a Customer to a new version thereof at any time in its sole discretion, to the extent that this is not detrimental to Customer’s use of the Services and on reasonable prior notice to Customer (unless the change is of critical business importance or outside the Company’s control, in which case the Company will explain the reason for the changes as soon as is reasonably practicable).
· Customer agrees to abide by any rules or regulations that the Company publishes with respect to conduct of Customers and other users of the Website, which rules and regulations are hereby incorporated into these Terms of Service by this reference. The Company reserves the right to deny a Customer and/or an Authorized End User access to the Subscription Website if, in the Company’s sole discretion, Customer and/or Authorized End User has failed to abide by these Terms of Service or appear likely to do so.
· Customer accepts that the Company in its sole discretion may, but has no obligation to, monitor the Services or any portion thereof, and/or to oversee compliance with these Terms of Service.
· Customer promises, acknowledges, and agrees on behalf of itself and its Authorized End Users (in the case of Multi-User Subscriptions) that:
i. Access privileges may not be transferred to any third-parties;
ii. It will not access, store, distribute or transmit any Viruses;
iii. It will comply with all applicable laws and regulations with respect to use of the Services;
iv. It will not rent, lease, sublicense, re-sell, distribute, transfer, copy or modify the Services or any component thereof;
v. It will not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
vi. It will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the Services or any portion thereof;
vii. It will not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website or contained in the Services;
viii. It is solely responsible for acquiring, installing, operating and maintaining the hardware and software environment, network connections, and telecommunication links, necessary to access and use the Services;
ix. It will not use the Services in any manner, or in connection with any content, data, hardware, software or other materials that infringes upon or violates any patent, copyright, trade secret, trademark, or other intellectual property right of any third party, or that constitutes a defamation, libel, invasion of privacy, or violation of any right of publicity or other third party right, or that is threatening, harassing or malicious.
· If you are a Multi-User Customer, you promise to obtain any and all consents required by law, including, but not limited to, (i) consent to transfer personally identifiable information of your Authorized End Users, and your representatives, to the United States, if applicable, (ii) consent to compile reports as to usage of the Services by your Authorized End Users and provide such reports to you, and (iii) any other consents that may be required in order for us to provide the Services to you and your Authorized End Users. You promise to obtain necessary consents from all relevant bodies including Work Councils, from your Authorized End Users, from the parents or legal guardians of your Authorized End Users (where necessary), and from other applicable individuals.
4) AVAILABILITY OF WEBSITE.
Customer recognizes that the traffic of data through the Internet may cause delays during the download of information from the Website and accordingly, it shall not hold the Company liable for delays that are ordinary in the course of Internet use. Customer further acknowledges and accepts that the Website will not be available on a continual twenty-four hour basis due to such delays, or delays caused by the Company's upgrading, modification, or standard maintenance of the Website.
5) INTELLECTUAL PROPERTY RIGHTS.
· The Services are owned by the Company, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
· No right, title or interest in or to the Services or any portion thereof, is transferred to any Customer or Authorized End User, and all rights not expressly granted herein, are reserved by the Company.
· The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the Company or its affiliates or licensors. Customer may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
· Customer shall not provide any products or services tendered to the Customer by Company to any other person without the explicit written permission of Company. Specifically, Customer agrees not to share screen shots, images, audio files, video, recordings, downloads, text, share their account information with a third party, or to transmit anything provided by Company to Customer to any other person. Doing so will be considered a breach of this agreement, and could be considered theft, intellectual property theft, or violate other state or federal laws.
6) COMPANY OBLIGATIONS.
The Company will use commercially reasonable efforts to enable the Services to be accessible, except for scheduled maintenance and required repairs, and except for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by the Company, including, but not limited to, any Force Majeure Event (as defined below). The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of the Services contrary to the Company's instructions, or modification or alteration of the Services by any party other than the Company. If the Services are in non-conformance with the foregoing undertaking, the Company will, at its expense, use all reasonable commercial endeavors to correct any such non-conformance promptly, or provide Customer with an alternative means of accomplishing the desired performance.
7) FEES AND PAYMENT.
· Recurring Fees. Customer agrees to pay the appropriate fee corresponding to the particular Services that it wishes to access for the applicable Subscription Term (“Recurring Fee”). Said Recurring Fee shall be pay a set amount for a specific term. Customer agrees that they shall pay the entire amount owed for the Recurring Fee. It is the Customers duty to keep their credit card or bank account information current for said recurring fees. If Customers fails to do so, they must within five (5) days provide new information to Company or they are in breach of these terms of service. At that point the entire amount of the fee is owed and the maximum amount of interest allowed by law shall toll annually.
· One Time Fee. Customers agrees and warrants that any course, product, or service purchased for a “one-time fee”, i.e. a non-recurring fee that is only billed once, shall be deemed earned upon receipt. Said fee shall be fully earned at the moment the money is received by the Company and no additional products, services, or items are required to be provided once the money is tendered. Unless otherwise expressly stated, all fees are non-cancellable and non-refundable.
· Gift Subscription. If Customer receives a Gift Subscription, Customer shall not be required to provide the Customer’s billing information.
· Payment Details. Recurring charges are billed in advance of service. Customer agrees to provide the Company with valid, up-to-date and complete debit/credit card, contact and billing details. Customer further authorizes the Company to bill such debit/credit card on the Effective Date (and corresponding Renewal Dates, if appropriate) for the Subscription Fee due for the Subscription Term (and Renewal Term). If, for any reason, Customer’s credit/debit card company refuses to pay the amount billed for the Services, Customer agrees that Company may, at its option, suspend or terminate Customer’s subscription to the Services and require Customer to pay the overdue amount by other means acceptable to the Company. Company may charge a fee for reinstatement of suspended or terminated accounts. Customer agrees that until its subscription to the Services is properly terminated, it will continue to accrue charges for which it remains responsible, even if it does not use the Services. In the event legal action is necessary to collect on balances due, Customer agrees to reimburse the Company for all expenses incurred to recover sums due, including attorney fees and other legal expenses. Unless otherwise expressly stated, all fees are stated in United States dollars.
· Taxes. Customer is responsible for all applicable sales, use, transfer or other taxes and all duties, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction contemplated hereby, excluding, however, income taxes on profits which may be levied against the Company.
8) TERM AND TERMINATION.
· General Subscription. Customer may subscribe to the Services for the applicable term of the specific Subscription commencing on the Effective Date (“Initial Term”). Thereafter, the Subscription will renew automatically on the corresponding anniversary date (“Renewal Date”) of the Effective Date (each a “Renewal Term”, and collectively with the Initial Term, the “Subscription Term”), until Customer notifies Company of its intention not to renew prior to the end of the then-current term.
· Termination. The Company reserves the right to terminate or suspend access to all or any portion of the Services for violation or suspected violation of these Terms of Service.
· Effect of Termination. Customer will have no further rights to access the Subscription Website. Termination will not affect the rights or liabilities of either party that accrued prior to termination.
9) CONFIDENTIALITY.
Customer agrees to maintain the confidentiality of the Company’s Confidential Information. For the purposes of these Terms of Service, the term “Confidential Information” means all portions of the Services, including but not limited to, the Website.
10) THIRD PARTY LINKS OR INFORMATION.
This Website may contain links to other websites that are not operated by or related to Company. Company is not responsible for the content, accuracy or opinions expressed in such third party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by Company. A Customer that leaves this Website to access these third-party sites does so at its own risk.
11) DISCLAIMERS OF STATEMENTS/WARRANTIES.
CUSTOMER’S USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT ITS OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY STATEMENTS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY, ITS AFFILIATES NOR ANY PERSON ASSOCIATED WITH THEM MAKES ANY STATEMENT, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY, ITS AFFILIATES NOR ANYONE ASSOCIATED WITH THEM PROMISES THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ANY PORTION THEREOF, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET CUSTOMER’S NEEDS OR EXPECTATIONS. COMPANY AND ITS AFFILIATES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO VERBAL OR WRITTEN REPRESENTATIONS, INFORMATION OR ADVICE GIVEN BY COMPANY, ITS AFFILIATES OR THEIR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
12) LIMITATION OF LIABILITY.
COMPANY DOES NOT IN ANY WAY EXCLUDE OR LIMIT ITS LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER MATTER FOR WHICH IT WOULD BE ILLEGAL FOR COMPANY TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.
13) INDEMNITY.
Customer agrees to compensate and defend fully Company, its officers, employees, agents, successors and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out of any breach by Customer of any representation, warranty, covenant, obligation or duty of Customer under this Agreement.
14) SURVIVAL.
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.
15) CHANGES.
Except, for any provisions determining the primary contractual obligations of Customer and Company hereunder, Company has the right to revise and amend these Terms of Service from time to time to reflect changes in business needs including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities. Changes are effective immediately upon posting and Customer’s continued use of any of the Services following the posting of revised Terms of Service means that Customer accepts and agrees to the changes, to the extent permitted by applicable laws.
16) ASSIGNMENT.
Customer may not transfer these Terms of Service, in whole or in part. Company may transfer these Terms of Service and/or subcontract some or all of its obligations hereunder at any time.
17) INJUNCTIONS.
Customer acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms of Service may cause Company irreparable damage, for which the award of damages would not be adequate compensation. Consequently, Company may seek an injunction to prevent Customer from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and Company may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which Company may be entitled at law or in equity.
18) GOVERNING LAW AND VENUE.
These Terms of Service shall be construed and governed by the laws of the State of North Carolina, without regard to the principles of conflict of laws thereof. Customer agrees and accepts that any legal action or proceeding shall be brought in the federal or state courts for the State of North Carolina, County of Mecklenburg, and Customer expressly waives any objection to personal jurisdiction, venue or forum non conveniens. Additionally, in the event of any dispute or claim relating to or arising out of these Terms of Service (including, but not limited to, any claims of breach of contract, tort, infringement), Customer agrees that all such disputes/claims will be resolved by means of a court of law conducted by the Superior or District Court in Mecklenburg County, North Carolina, and Customer expressly waives any right it may otherwise have to a jury trial.
19) NOTICES.
Legal notices may be sent to Cassidy Brooke Photography, LLC, 201 N. McDowell Street, Unit 31781, Charlotte NC, 28231. In addition, Company may broadcast notices or messages through the Website to inform of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to Customer to the extent permitted by applicable law. Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by mail, return receipt requested; (d) on the delivery date if transmitted by email; or within three (3) days after Company posts a notice on the Website.
20) FORCE MAJEURE.
Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Company’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.
21) CHILDREN.
We are not a site targeted at children or those under the age of 16. Customer warrants and agrees that they are of legal age.
22) NO THIRD PARTY BENEFICIARIES.
No person or entity not a party to these Terms of Service will be deemed to be a third party beneficiary of these Terms of Service or any provision hereof.
23) SEVERABILITY.
If any provision of these Terms of Service are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service will remain in full force and effect.
24) WAIVER AND AMENDMENT.
If Company fails to insist upon strict performance of Customer’s obligations under any of these terms of service, or if Company fails to exercise any of the rights or remedies to which it is entitled under these Terms of Service, this will not constitute a waiver of such rights or remedies and will not relieve Customer from compliance with such obligations. No waiver by Company of any default will constitute a waiver of any subsequent default, and no waiver by Company of any of these terms of service will be effective unless it is expressly stated to be a waiver and is communicated to Customer in writing.
25) GEOGRAPHIC RESTRICTIONS.
Software, functionality, and/or features (collectively, “Service Functionality”), that may be available on or through Website from time-to-time, is subject to United States Export Controls. No Service Functionality from the Website may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using any Service Functionality, Customer represents and warrants that it (and its Authorized End Users, where applicable) are not located in, under the control of, or a national or resident of any such country or on any such list. Although the Website may be accessible worldwide, Company makes no representation that materials on the Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal, is prohibited. Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services is void where prohibited.
26) COMPLETE UNDERSTANDING.
These Terms of Service, together with the Website Policy and the Privacy Policy, constitute the sole and entire agreement between Customer and Company with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, warranties or terms of service, both written and oral, with respect to the Services.
Cassidy Brooke Photography Privacy Policy
We at Cassidy Brooke Photography LLC respect your privacy. This Privacy Policy is designed to explain how we collect, use, share, and protect the personal information you provide to us when you access our website, purchase our goods or services, or engage with us on social media, as well as your own rights to the information we collect.
Please read this Privacy Policy carefully. We will alert you to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on our website, and you waive specific notice of any changes to the Policy by continuing to use and access our site(s). We encourage you to review this Privacy Policy periodically, when you use our website for any purpose or engage with us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by your continued use of our website after the revised Privacy Policy is posted.
INFORMATION THAT WE COLLECT
We collect a variety of information from you when you visit our website, make purchases, or interact with us on social media. By accepting this Privacy Policy, you are specifically consenting to our collection of the data described below, to our use of the data, to the processing of this data, and to our sharing of the data with third party processors as needed for our legitimate business interests. The information we collect may include:
Personal Data: Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, telephone number or demographic information like your age, gender, or hometown. You consent to giving us this information by providing it to us voluntarily on our website or any mobile application. You provide some of this information when you register with or make purchases from our website. You may also provide this information by participating in various activities associated with our site, including responding to blogs, contacting us with questions, or participating in group training. Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website or from making purchases.
Derivative Data: Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website, and the specific pages you view. If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.
Financial Data: Financial data is data that is related to your payment method, such as credit card or bank transfer details. We collect financial data in order to allow you to purchase, order, return or exchange products or services from our website and any related mobile apps. We store limited financial data. Most financial data is transferred to our payment processors, Samcart, Stripe, Kajabi, or Paypal, and You should review these processors’ Privacy Policy to determine how they use, disclose and protect your financial data. We accept no responsibility for the validity or stated privacy policy of any of our payment processors.
Social Networking Data: We may access personal information from social networking sites and apps, including Facebook, Instagram, Linked-in, Twitter, Snapchat or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.
Mobile Device Data: If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.
Other data: On occasion, you may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.
HOW WE USE YOUR INFORMATION
You information allows us to offer you certain products and services, including the use of our website, to fulfill our obligations to you, to customize your interaction with our company and our website, and to allow us to suggest other products and services we think might interest you. We generally store your data and transmit it to a third party for processing. However, to the extent we process your data, we do so to serve our legitimate business interests (such as providing you with the opportunity to purchase our goods or services and interact with our website or mobile app).
Specifically, we may use the information and data described above to:
Create and administer your account; and Deliver any products or services purchased by you to you; and Correspond with you; and Process payments or refunds; and Contact you about new offerings that we think you will be interested in; and Interact with you via social media; and Send you a newsletter or other updates about our company or website; and Deliver targeted advertising; and Request feedback from you; and Notify you of updates to our product and service offerings; and Resolve disputes and troubleshoot any problems; and Administer contests or giveaways; and Generate a profile that is personalized to you, so that future interactions with our website will be more personal; and Compile anonymous statistical data for our own use or for a third party’s use; and Assist law enforcement as necessary; and Prevent fraudulent activity on our website or mobile app; and Analyze trends to improve our website and offerings.
WHY WE DISCLOSE YOUR INFORMATION
We may share your information with third parties in certain situations. In particular, we may share your data with third party processors as needed to serve our legitimate business interests, which include administration of our website, administration of your account, entering into contracts with you, communicating with you, taking orders for goods or services, delivering our goods and services, identifying trends, protecting the security of our company and website, and marketing additional goods and services to you. The legal basis for our disclosure of your data is both your Consent to this Privacy Policy and our own right to protect and promote our legitimate business interests.
The following are specific reasons why we may share your information.
Third Party Processing: We may disclose your information to third parties who assist us with various tasks, including payment processing, hosting services, email delivery and customer service. We may not always disclose these third party processors if not required by law.
By Law: We may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. This includes sharing information with other parties to prevent or address fraud and to avoid credit risks.
To Protect Our Company: We may use your information to protect our company, including to investigate and remedy any violations of our rights or policies. We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.
Third Party Partners: In order to provide our services and administer our rewards and promotional programs, we may share your information (excluding Financial Data) with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs. With your permission, third-party applications or services may access your Personal Information. We use standard OAuth (open authorization) to enable you to give permission to share your Personal Information with other websites and services, such as Facebook and Twitter (e.g., when you agree to a pop-up requesting you to allow another application to access your account information). We also use OAuth to allow us to share information about you that is stored by us without sharing your security credentials.
We may also employ other companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, order fulfillment, customer services, and marketing assistance. These other companies will have access to your data only as necessary to perform their functions and to the extent permitted by law.
Additionally, we may disclose your information to certain third parties (as listed on our website) for the purpose of enabling them to contact you so that they can offer you relevant goods and services.
Advertisers: We may use third party advertising companies to run and manage our ads. These companies may use information about your visit to our website and other websites that are contained in web cookies (as described below) to offer you personalized advertisements about goods and services that might interest you. We cannot control the activities of such other advertisers or web sites. You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.
Other Third Parties: We may share information with advertisers, our investors, or other third parties for the purpose of conducting general business analysis. If we do so, we will make reasonable efforts to inform You if required by law.
Sale or Bankruptcy: In the event that our company is sold, goes out of business or enters bankruptcy, your information may be an asset that is transferred to a third party successor. Such a successor is not bound by our Privacy Policy and may have its own. You will be notified in the event our Company is sold, goes out of business or enters bankruptcy.
Interaction with others: If you interact with others on our website or mobile app, such as participating in a group chat or a group online course, other users may have access to some of your data, including your name, profile picture, and your history of interaction with our website, such as prior comments or posts.
Online postings: When you post online, your posts may be viewed by others, and we may distribute your comments outside the website.
External Links: Our website may include hyperlinks to other websites not controlled by us. We suggest you exercise caution when clicking on a hyperlink. Although we use reasonable care in including a hyperlink on our own web page, we do not regularly monitor the websites of these third parties, are not responsible for any damage or consequences you suffer by using these hyperlinks. We are not bound by the Privacy Policies of any third party website that you access by a hyperlink, nor are they bound by ours. We encourage you to read the Policies of those third party websites before interacting with them or making purchases. They may collect different information and by different methods than we do.
Other purposes: We may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others or our company.
TRACKING TECHNOLOGIES
Cookies, Log Files and Web Beacons: Like many other Web sites, we make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks. This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
We also use cookies - small text files sent to us by your computer - and web beacons to store certain information. We may use cookies to authenticate your identity, to determine if you are logged onto our website, for personalization, for security, for targeted advertising, or for analysis of the performance of our website and services. For example, cookies allow us to recommend blog posts to you based on what you have read on our site in the past. We use cookies that are not specific to your account but unique enough to allow us to analyze general trends and use, and to customize your interaction with our website.
Most browsers are set to accept cookies by default. In addition, when you first encounter our website, you will be asked to “consent to cookies.” If you wish to disable cookies, you may do so through your individual browser options. However, this may affect your ability to use or make purchases from our website. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites. What Are Cookies? By continuing to use our website and not disabling cookies on your browser, you are consenting to our use of cookies in accordance with the terms of this policy.
In addition, we may use third-party software to post advertisements on our website or mobile app to oversee marketing or email campaigns, or manage other company initiatives. This third party software may use cookies or similar tracking technology. We have no control over these third parties or their use of cookies. For more information on opting out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
WEBSITE ANALYTICS
We may partner with third party analytic companies, including Google Analytics and Shopify Analytics. The analytic companies may also use cookies or other tracking technologies to analyze visitors’ use of our website or mobile app to determine the popularity of the content, and better understand online activity. We do not transfer personal information to these third party vendors. However, in order to access our website, you must consent to the collection and use of your information by these third party analytic companies. You should review their Privacy Policy and contact them directly if you have questions. If you do not want any information to be collected and used by tracking technologies, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
PROCESSING YOUR INFORMATION
For the most part, we do not process your information in-house, but give it to third party processors for processing. For example, when PayPal takes your payment information, they are a third party processor. They process your payment and remit the funds to us. So in many instances, it will be necessary for us to transmit your information to a third party processor, as we do not have the capability to perform these functions. More detail on third party processing is provided below.
However, we may, from time to time, process your data internally. The legal basis for this processing is both your consent to the processing, and our need to conduct our legitimate business interests. Our purposes in processing this information, if we do, is to administer, maintain, and improve our website and offerings, to enter into contracts with you, to fulfill the terms of those contracts, to keep records of our transactions and interactions, to be able to provide you with goods and services, to comply with our legal obligations, to obtain professional advice, and to protect the rights and interests of our company, our customers (including you), and any third parties. We may process the following data:
Data associated with your account, such as your name, address, email address and payment information. Data about your usage of our website, such as your IP address, geographical information, and how long you accessed our website and what you viewed. Data related to your personal profile, such as your name, address, profile picture, interests and hobbies, or employment details. Data that you provide us in the course of using our services. Data that you post on our website, such as comments or responses to blogs. Data that you submit to us when you make an inquiry regarding our website or offerings. Data related to your transactions with us, including your purchase of our goods or services. This information may include contact details and payment information. Data that you provide to us when you subscribe to our emails or newsletters, including your email address and contact information. Data that you submit to us via correspondence, such as when you email us with questions. Any other data identified in this policy, for the purpose of complying with our legal obligations, or to protect the vital interests of you or any other natural person.
INTERNATIONAL DATA
Our website is hosted by servers located in the U.S. Therefore, if you reside in the European Union, some of your data will be transferred internationally to those servers. Transfers will be protected by appropriate safeguards, namely the EU-US Privacy Shield. More information on the Privacy Shield can be found at:
We may use website hosting servers and third party processors located in the United States and Canada, which have received an Adequacy Determination from the European Commission, meaning that appropriate safeguards are in place to protect data once it is transferred to that country.
DATA RETENTION
We retain personal data as long as it is needed to conduct our legitimate business purposes or to comply with our legal obligations, or until you ask us to delete your data. For example, we will retain certain personal information indefinitely for the purposes of maintaining your account, unless and until you delete your account. Data that we gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will not be kept for longer than is necessary for that particular purpose. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.
You may request that we delete your data at any time. However, note that we cannot control the retention policies of third parties. If you wish to have any third parties, including those to whom we’ve transmitted your data, delete that data, you will need to contact those third parties directly. You may request from us a list of all third parties to whom we have transmitted your data. Note that we have no obligation to delete your data if we need to retain it for the purposes of pursuing legal claims or if required by law.
SECURITY OF YOUR INFORMATION
We take all reasonable steps to protect your personal data and keep your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse. We cannot guarantee complete security of any information you transmit to us.
By consent to this Privacy Policy, you acknowledge that your personal data may be available, via the internet, around the world. We cannot prevent the use or misuse of your data by other parties.
We will notify you of promptly any known breach of our security systems or your data which might expose you to serious risk.
CHILDREN
This website or mobile app is not designed for use by children under age 16, and we do not knowingly solicit personal data from anyone under age 16. If you are under age 16, do not access or use our website or related products or services. If you become aware that we have collected data of anyone under the age of 16, please contact us so that we may delete that data.
YOUR RIGHTS
You have certain rights with respect to your personal data, as outlined below. Note that we may charge you a reasonable fee for actions that you ask us to take with respect to your data. In addition, we reserve the right to request that you provide us with evidence of your identity before we take any action with respect to the exercise of your data rights. Further, your rights may be restricted or nullified to the extent they conflict with our compelling business interests, the public interest, or the law. To exercise any of the rights outlined below, please contact us at [email protected].
Update Account Information: You have the right to update, change or delete any information you have provided to us. Note: this doesn’t apply to credit card information provided in order to purchase a course over a monthly plan. Once the course has been entirely paid off this information can be updated or removed.
Confirm Personal Data and Its Use: You have the right to request that we confirm what data we hold about you, and for what purposes. You also have the right to confirmation of whether we process your data or deliver your data to third party processors, and for what purposes. We will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others.
Change Consent: You have the right to change your consent to our use of your information. In such cases, we may require you to delete your account with us, and you may not have full access to our website.
Request a Copy of Data: You have the right to request a digital copy of the data that we hold about you. Your first request for a copy of your personal data will be provided free of charge; subsequent requests will incur a reasonable fee.
Transfer Your Data: You have the right to request that we gather and transfer your data to another controller, in a commonly used and machine readable format, unless doing so would cause us an undue burden.
Delete All Data: You have the right to request that we delete all data that we hold about you, and we must delete such data without undue delay. There are exceptions to this right, such as when keeping your data is required by law, is necessary to exercise the right of freedom of expression and information, is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. Such a request may result in a termination of your account with us and you may have limited or no use of our website.
Emails And Communications: You may opt out of receiving future email correspondence from us by checking the appropriate box when you register for the account or make a purchase. You may change your communication settings by contacting us at [email protected].
Marketing Communications: You may opt out of receiving any third party marketing communications or having your personal information used for marketing purposes. You may do this by contacting us at [email protected].
Processing: You may, in some circumstances restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights or those of others or our company. In addition, you may opt out of any processing of your data altogether. Note however that doing so may result in the termination of your account and loss of access to our website.
Complaints: You have the right to complain to a supervising authority if you believe we are misusing your data or have violated any of your rights under this Privacy Policy or applicable law.
CALIFORNIA PRIVACY RIGHTS
The State of California has established its own unique regulations that apply to California residents. If you reside in California, you have the right to obtain from us, once per year and free of charge, information regarding what information we disclose to third party marketers, and the names and addresses of each third party to whom we disclose your data. If you are a California resident and would like to make such a request, please use the contact information listed below.
If you are a California resident and under the age of 18, you have the right to request that we remove any data that you publicly post on our website. To request removal of your data, please use the contact information listed below. Note that while we will remove your data that is publicly posted on our website, we may not be able to completely remove that data from our systems.
NEWSLETTER PRIVACY
We offer the opportunity for you to volunteer certain information to us that is used for email and marketing purposes. This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting our business, such as through Facebook ads or Google Pay Per Click marketing campaigns. We do not ever sell your information to third parties.
SEVERABILITY
If any part of these Terms, Conditions and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.
ENTIRE AGREEMENT
The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.
LAW AND JURISDICTION
These Terms, Conditions and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Minnesota, USA.
Contact Information
Email: [email protected]
