Community Terms of Service

Effective Date: December 19, 2021

Sites Covered: www.DeniseMarieFilmore.com

PLEASE READ THIS DOCUMENT CAREFULLY.

Welcome to the Denise Marie Filmore International, Inc. community! The Community is a place for users to publicly share feedback, ideas, work and templates about or made using the Company Services.

Participation in the Community is governed by these Community Terms (“Terms”), along with all other agreements and/or terms that you or your company has agreed to with Denise Marie Filmore International, Inc., including our Privacy Policy and other guidelines or policies we post on the Community (collectively, the “Terms”). By participating in the Community or otherwise indicating your agreement to these Terms, you agree to be bound by these Terms, which form an agreement between you and Company (“Company,” “we” or “us”). If you are participating in the Community on behalf of a company, organization, or other entity, then “you” means that entity, and you are binding that entity to these Terms and represent and warrant that you have all necessary authority to do so. If you do not have the authority or if you do not agree with these Terms, you may not participate in the Community.

These Terms of Use and Conditions apply to Company and http://DeniseMarieFilmore.com, which governs data collection and usage. For the purposes of these Terms of Use and Conditions, unless otherwise noted, all references to Company include http://DeniseMarieFilmore.com, and all other subsidiary companies. Company websites are educational and informational resources. The Company cannot guarantee the outcome of following the recommendations provided and any statements about potential outcomes are expressions of opinion only. The Company makes no guarantees about the information and recommendations provided herein. These Terms of Use and Conditions are entered into by and between you and Company, and together with the Privacy Policy and any other documents are expressly incorporated by reference and govern your access to the Sites, as well as any content or functionality of the services, whether as a visitor or a registered user. By continuing to use, read, or participate in this Website you acknowledge that the Company cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on this Website are at your own risk.

1. DEFINITIONS

“Community”, “Website”, and “Site” means any community features or forums made available by Company. “Content” means any text, information, data, graphics, messages, sounds, videos, content, code, scripts, software, or other materials. “Company Service” means the online collaboration space and tools offered by the Company on http://DeniseMarieFilmore.com. “User Content” means any Content that a user submits to the Denise Marie Filmore International, Inc. Community, including templates, descriptions, testimonials, feedback, comments, suggestions, requests, questions, or other inquiries regarding the Company Service. The term “submit” includes submitting, posting, uploading, or otherwise making available User Content on or through the Community.

2. SCOPE OF TERMS 

Company’s Community may include but are not limited to, articles, reference and communication tools, message boards, books, services, courses, and information products (the "Service"). The Service is owned and operated by Denise Marie Filmore International, Inc.

You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client. Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.

Access to all areas of the Website is provided in accordance with the following terms ("Terms"). By using the Website, you electronically agree to be legally bound by the Terms, which govern your use of the Website. If you do not agree to all of these Terms, please immediately discontinue any further use of the Community. Your failure to follow the Terms may result in suspension or termination of your access to the Community.

By purchasing any products, you agree to only use the information or product for the purpose of trading and/or investing in the stock market for yourself, and not teaching others how to trade and/or invest.

3. ASSENT AND ACCEPTANCE

By using the Website and accessing the Community, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.

Your continued use of the Website constitutes your acceptance of these Terms as a legal contract and the equivalent of an electronic signature. Natural persons executing this contract warrant and represent that they are at least eighteen (18) years of age. Users and the person executing this Agreement on behalf of any user that is a proprietorship, corporation, partnership, or other entity, represent that such Person is duly authorized by all necessary and appropriate corporate or other action to execute this contract on behalf of the user.

4. ACCESS TO THE HER EVERYDAY WEALTH COMMUNITY

We will provide you access to use the Denise Marie Filmore International, Inc. Community according to the terms of this Agreement. We may use third-party service providers to provide some or all elements of the Denise Marie Filmore International, Inc. Community. In order to access and use the Denise Marie Filmore International, Inc. Community, you may be required to establish a username with a third-party service provider, and you grant us the right to share the information necessary to enable your use of the Denise Marie Filmore International, Inc. Community with our third-party service providers.

You may not use a username that: (i) belongs to someone else, (ii) impersonates another person, (iii) is misleading, (iv) violates any intellectual property or other proprietary rights, (v) is vulgar or offensive, (vi) uses ‘Denise Marie Filmore International, Inc. Community’ as all or part of it, unless we provide express permission to do so, or (vii) we reject, which we may choose to do in our discretion. All information you provide in your profile must be accurate. If you believe your access to or use of the Community has been breached, compromised, or unauthorized, notify us immediately at [email protected].

5.USE OF THE COMMUNITY

You are required to set up an account in order to submit Content to the Community. Content is publicly available to all members of the Community and publicly to any visitors of our website. You are responsible for your account and everything that happens under your account in accordance with the Terms of Service and/or other governing agreement(s) between you and the Company regarding your Company Service account. We reserve the right to change, add to, or disable the Community at any time, without notice or liability.

6. GENERAL USER CONTENT

You are responsible for any User Content you submit to the Community. You do not lose any ownership rights you may have to the User Content that you submit, but you understand that the User Content will be publicly available. By submitting User Content, you grant us and, at our sole discretion, other Community users a worldwide, non-exclusive, royalty-free, irrevocable, perpetual, fully-paid, sub-license, and transferable license to use, reproduce, distribute, prepare derivative works of, and publicly display and perform your Content in any form or format and through any media (including, for Company, in connection with our products and services and in our marketing and publicity). If your User Content contains your name, image, or likeness, you waive any claim under any rights of privacy or publicity related to the use of the same in connection with the use of your User Content.

a)Company Not Responsible: We have no obligation to (but may, in our discretion) monitor or review User Content. You are solely responsible for the enforcement of any of your rights to the User Content, and the Company shall not be held liable or responsible for providing assistance to you regarding the same. We have no responsibility for and make no promises about User Content you may encounter on the Community, including whether it infringes third-party rights or its reliability, accuracy, usefulness, or safety. You may find User Content on the Community to be offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for any User Content you encounter.

b)Removal of User Content: We reserve the right to remove any User Content at any time without notice, for any or no reason, including if it violates these Terms. We do not promise to store or make available on the Community any of your User Content or any other Content for any length of time. Your use of the Community is subject to the terms of these Terms and our takedown policy, as may be changed or updated from time to time. If you believe that anything on the Community infringes your copyright or trademark rights, you should notify us at [email protected].

c)Social Media: The Community may support sharing User Content on social media platforms such as Twitter, Facebook, Instagram, or LinkedIn (“Social Media”), and allowing other users (or Company) to share your User Content on Social Media. You may share other users’ User Content on Social Media, as long as you include a link to the Community in your post.

7. WEBSITE ACTIVITY AND PRIVACY

Through Your use of the Website and access to the Community, You may provide Us with certain information. We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. By using the Website or the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.

1. a) Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or Services, We may also receive information from external applications that You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons, or others.
2. b) How We Use Information: We use the information gathered from You to administer the Site; to provide the highest possible level of service to you and; to ensure Your continued good experience on Our Website, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and statistical analytics of user behavior and characteristics in order to measure interest in and use of the various areas of our site, and for this, We may work with third-party providers.
3. c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address.
4. INFORMATION PROVIDED BY YOU

If you upload materials, content, or information (collectively, "Information") to areas of the community that are available to other users, you give us an irrevocable, perpetual license to use, reproduce, modify, adapt, publicly perform and publicly display the Information. Please refer to our Privacy Policy for an explanation of how we use your information and your rights to change or delete it.

9. LAWFUL PURPOSES

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

10. RESTRICTIONS ON APPLICABLE USE

In connection with your use of the Website and access to the Community, you may not post, email, transmit or otherwise distribute: (a) Information infringing on intellectual property or privacy rights of others; Information that is unlawful, harmful, obscene, defamatory, harassing, abusive, or slanderous in our sole opinion; (b) Information that harm minors in any way; (c) viruses or other harmful computer code designed to interrupt, destroy or limit the use of any computer software or hardware, or (d) confidential information belonging to any other person. In addition, you may not engage in any conduct to (a) collect information about others; (b) interfere with the Website or the servers or other technology hardware used by the Website; (c) inhibit others from using the Website, or (e) allow any other person or entity to use your password or other identification; or (f) violate any law or regulation.

11. ACCOUNT LOGIN INFORMATION AND SECURITY

We maintain security measures to protect your personal information from unauthorized access, misuse, or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.

Our system does not store your master password on our servers so your passwords cannot be retrieved by anyone but you. If you forget your master password, you will have to reset your account and set up a new one.

The following rules govern the security of your Community Account and Login Information:

You shall not share your Account and Login Information with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account. Sharing your Account and Login Information with anyone else will result in immediate removal from the community, program, service, and/or application without notice and without refund;

In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Bubble.io and modify your Login Information;

You are solely responsible for maintaining the confidentiality of your Login Information (including your password), and for restricting access to your hardware device while logged into our Site;

You will be responsible for all activities coming from your Account or from your hardware device, including purchases, whether or not authorized by you;

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.

12. USE OF TEMPLATES AND FORMS

The Company provides various templates and/or forms for download and/or sale on within the Community. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.

By ordering or downloading Forms, you agree that the Forms you purchase, or download may only be used by you for your personal use and may not be sold or redistributed without the express written consent of the Company.

13. COOKIES

We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our services. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Community. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all. The Site does not respond to Do Not Track signals sent by your browser.

14. THIRD-PARTY LINKS 

The Community may contain links to third-party websites. Except as otherwise discussed in the Terms, this document only addresses the use and disclosure of information we collect from you on our Site. Other sites accessible through our site via links or otherwise have their own policies in regard to privacy. We are not responsible for the privacy policies or practices of third parties.

15. REVERSE ENGINEERING 

You agree not to undertake any of the following actions:

1. a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
2. b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
3. INTELLECTUAL PROPERTY

You acknowledge and agree that the Community and the information, content, and software presented to you through or by the Website or used in connection with the Website contain proprietary and confidential information that is protected under the U.S. and international intellectual property laws, including those pertaining to the protection of copyrights, trademarks, service marks, and patents, and security components that protect digital information. 

Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, sell, rent, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Community, Website, Program or Materials in any manner or medium (including by email or other electronic means). You shall not remove any copyright notice or author designation from any part of the Community, Program, and Materials.

You may not remove any copyright notices from our materials. We reserve all of our other rights not granted in these Terms. You agree not to access the Website by any means other than through the interface that is provided by us for use in accessing the Website.

All third-party product and company names are trademarks™ or registered ® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them. 

17. PROPRIETARY RIGHTS 

The Community contains proprietary and confidential information that is protected by intellectual property and other laws. Company and its suppliers retain all right, title, and interest in and to the Community, any Content on the Community (other than User Content), and the Company Service. Company retains all rights to its branding, logos, trademarks, and service marks, and nothing in these Terms grant you rights to use them.

18. REFUND POLICY

Due to the digital nature of the Community and the fact that it is immediate access, there are no refunds.

19. SALES

The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.

20. FEES AND PAYMENTS

As consideration for any purchase, you make on the Websites, you shall pay Denise Marie Filmore International, Inc. all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.

You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Denise Marie Filmore International, Inc. to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.

21. PAYMENT POLICY FOR COMMUNITY

You are responsible to pay for the Service in full (including all applicable sales and other taxes or fees) and for providing us with a valid credit card or other payment methods. You authorize Company to automatically charge the credit card on file for any and all Community balances owed, and you agree to keep this information current and up to date with the Company. If you select the payment plan, your card will be charged the first installment payment when you register and subsequent payments as outlined in your payment plan on the same day of the month until the balance is paid in full. If you have selected a payment plan and you miss a payment, your account status will be changed to “delinquent.” You may immediately lose access to the Community and all Content will be revoked seven (7) days after your payment declines. You will also not receive access to future versions of the Community as it’s released until all payments are made in full.

If your account remains in delinquent status for longer than sixty (60) days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Company’s sole discretion until the account is caught up and in good standing.

22. ASSUMPTION OF RISK

The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Company. You further agree that Your purchase of any of the products on the Website is at Your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website.

23. NO WARRANTIES FOR PROGRAMS

WE PROVIDE THE WEBSITE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE WEBSITE. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT THE WEBSITE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING.

WE DO NOT GUARANTEE ANY PARTICULAR RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, INCLUDING ANY INFORMATION OR CONTENT OBTAINED AS A RESULT OF USING THE WEBSITE WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. YOU USE THE WEBSITE AT YOUR OWN RISK.

BY PURCHASING A PROGRAM OR SERVICE, YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES OR GUARANTEES VERBALLY OR IN WRITING REGARDING YOUR FUTURE EARNINGS, BUSINESS PROFIT, SUCCESSFUL REGISTRATIONS OF INTELLECTUAL PROPERTY, MARKETING PERFORMANCE, OR AUDIENCE GROWTH OF ANY KIND. THE COMPANY DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS USING ANY OF OUR IDEAS, TOOLS, STRATEGIES OR RECOMMENDATIONS, AND NOTHING IN OUR PROGRAM OR COMMUNITY IS A PROMISE OR GUARANTEE TO YOU OF SUCH RESULTS.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR OUR SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SERVICE PROVIDERS' LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW

24. COMMUNITY DISCLAIMER

THE COMMUNITY AND ALL CONTENT IS PROVIDED BY COMPANY “AS IS”, AND USE IS AT YOUR OWN DISCRETION AND RISK. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE COMMUNITY WILL BE UNINTERRUPTED OR ERROR-FREE. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

25. LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMITTED BY LAW, COMPANY AND ITS SUPPLIERS HAVE NO LIABILITY FOR (1) ANY USER CONTENT, (2) ANY ACTIONS YOU TAKE (OR DO NOT TAKE) BASED ON ANY CONTENT IN THE COMMUNITY, (3) ANY VIRUSES OR HARMFUL CODE ON OR IN THE COMMUNITY OR ANY CONTENT, OR (3) OTHERWISE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR LOSS OF USE, LOST OR INACCURATE DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS OR INTERRUPTION OF BUSINESS. TO THE EXTENT ANY OF THE ABOVE LIMITATIONS ARE NOT ENFORCEABLE AT APPLICABLE LAW, COMPANY’S ENTIRE LIABILITY UNDER THESE TERMS WILL NOT EXCEED $100. These limitations and exclusions apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise and even if Company is informed of the possibility of such damages in advance. You understand that Company would not be able to provide the Community without the limitations and exclusions in this section which will survive and apply even if any limited remedy in these Terms is found to have failed of its essential purpose.

26. INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service, including any user content you submit to the Community, including any claim of infringement, misappropriation or violation of any intellectual property, privacy or other rights. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

27. NOTICE AND TAKE DOWN PROCEDURES

If you believe any materials accessible on or from the Community infringe your copyright, trademark, or other legal rights, you may request removal of those materials (or access thereto) from the Website by contacting us at [email protected].

28. AFFILIATE MARKETING AND ADVERTISING

The Company, through the Website and Services, may engage in affiliate marketing whereby the Company receives a commission on or percentage of the sale of goods or services on or through the Website. The Company may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.

29. VISITORS' GDPR RIGHTS

According to the GDPR, a “data subject” is defined as an identifiable natural person. A natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, or online identifier. Alternatively, they may be identified by reference to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. A data subject may be of any age or nationality.

As a data subject, within the European Union, you are entitled to certain rights under the General Data Protection Regulation (GDPR). Those rights include:

You have the right to be informed with respect to your personally identifiable information (PII) retained by the Company. As such, you may request access to your data that the Company stores and the rights to either correct or erase your personal data.

We will retain any personally identifiable information you choose to provide to us unless: (a) you request for us to delete the information, (b) we stop using our existing data providers, or (c) at Company’s discretion, we decide to remove the data.

You have the right to seek restrictions on the processing of your data.

You have the right to object to the processing of your data and the right to the portability of your data.

You have the right to withdraw consent provided to the Company concerning the processing of your personal data, as well as the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.

You have the right to not be subjected to automated decision-making via pre-ticked boxes, additions to our email marketing lists, and the like.

You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.

We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us by way of downloading a lead magnet, webinar, freebie, or any other traditional list-building methods.

30. TERMINATION AND MODIFICATION

You agree that we may without prior notice, discontinue, temporarily or permanently, the Website (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to the Website with or without notice. Additionally, we may terminate or suspend these Terms or your access to the Community at any time, with or without notice, and for any or no reason. Upon any termination or suspension of these Terms, we may delete your account, passwords, and User Content, and we may bar you from further use of the Community. You understand that we may also continue to make your User Content available on the Community, or elsewhere as permitted under these Terms, even if your use of the Community is terminated or suspended. We will have no liability to you or any third party for any termination or suspension, nor will termination or suspension limit any other rights or remedies we may have. The following Sections will survive any termination of these Terms: Intellectual Property, Proprietary Rights, Termination, Warranty Disclaimer, Community Disclaimer, Limitation of Liability, Indemnity, Governing Law, Miscellaneous, and General Provisions.

31. COMPLIANCE WITH APPLICABLE LAWS

The Community is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Websites or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

32. JURISDICTION AND CHOICE OF LAW

The laws of the State of Georgia govern this contract and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods will have no applicability. You further agree that any disputes or claims that you may have against us will be exclusively resolved by a court located in Georgia. You irrevocably consent to the venue and jurisdiction of such courts.

BY AGREEING TO THIS AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL COURTS IN THE STATE OF OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

33. NON-DISPARAGEMENT

By accessing the Community or purchasing our products, you (“Client”) agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees, or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statements of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.

34. GENERAL PROVISIONS:
35. a) Entire Agreement. These Terms and the policies, rules, and guidelines posted on the Website constitute the entire contract between you and us and supersede all previous written or oral contracts. If any part of the Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect.
36. b) Severability. If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
37. c) No Waiver. In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
38. d) Assignments. We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
39. e) Force Majeure. The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, pandemics, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances.
40. f) Impossibility of Performance. We shall not be deemed to be in violation of this Agreement if we are prevented from performing any of its obligations hereunder for any reason beyond its control and without fault, including without limitation, acts of God or of the public enemy, man-made disaster, flood or storm, pandemics, strikes or statutory regulation or rule of any federal, state, or local government, or any agency thereof, however, the Party so delayed shall exercise its best efforts to remedy any such cause of delay or cause preventing performance.
41. g) Headings for Convenience Only. Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
42. h) No Agency, Partnership, or Joint Venture. No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
43. i) Correction of Errors and Inaccuracies. The Community Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies, or omissions and to change or update the Community Content and Your Content at any time without prior notice. However, we do not guarantee that any errors, inaccuracies, or omissions will be corrected.
44. j) Electronic Communications Permitted. Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: [email protected].

CONTACT

If you have questions about our terms, please email us at [email protected].

Last Update: November 5, 2023