These Terms of Service (“Agreement”) are a binding legal agreement between you and ActivInsight Inc. (the “Company”), regarding your use of the Company’s website at http://resilienceacademy.com (the “Site”) and the online coaching service (the Site and coaching service are collectively referred to as the “Service”). Please read this Agreement carefully. By accessing or using the Site or the Service, you accept this Agreement and any modifications that may be made to the Agreement from time to time. If you do not agree to any provision of this Agreement, you should not use the Service.
As part of the Service, the Company makes certain content available for a fee (“Membership”). To use the Membership, you must register for and maintain an account with the Company. You are solely responsible for all activities that occur through your account. You must not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security.
The Service and all information, data, and other content and materials available on the Site and as part of the Service, including, without limitation, the Company logo and all designs, text, documents, graphics, software, videos, audio files, articles, books, other files, and the selection and arrangement thereof (collectively, “Content”), are the proprietary property of the Company and its suppliers and licensors and are protected by U.S. and international copyright laws.
If you comply with all the terms and conditions of this Agreement, the Company grants you a revocable, non-transferable, and non-exclusive license to access the materials included in your access level as a part of the Service and to electronically copy (except where prohibited without a license) and print to hard copy portions of the Content for your informational, personal, and non-commercial purposes only. This license is revocable at any time. You may not copy or distribute any Content made available to you by the Company as a part of the Service.
Except for those rights expressly granted in this Agreement, no other rights are granted, either express or implied, to you under this Agreement. Unless stated explicitly in this Agreement, nothing in this Agreement will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
You must comply with all applicable laws when using the Service and Content. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) reproduce, distribute, prepare derivative works of, publicly perform, or use for any commercial purpose any Content, or any portion of Content; (b) use any automated tool to access or use the Service; (c) make available your access to the Service to another person; (d) circumvent or disable any digital rights management, usage rules, or other security features of the Service or Content; (e) use the Service in a manner that threatens the integrity, performance, or availability of the Service; or (f) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or Content.
You must be 13 years of age or older to use the Service. Use of the Service is void where prohibited. You represent and warrant that the profile information you submit is true and accurate and that you are 13 years of age or older and are fully able and competent to enter into, and abide by the terms of this Agreement. The Service is not intended for those under the age of 13.
When you purchase paid Content or register for Membership, you must enter a valid credit card and you authorize the Company or its third party payment processor to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase, in United States dollars, including all applicable taxes. You must comply with all terms established by the Company or the payment processor as applicable. Refunds must be requested in writing within sixty days of membership registration by sending email to [email protected] Refund requests submitted later than 60 days after membership registration may not be honored.
If the Company does not receive payment from your credit card provider or the payment processor for any reason, you must pay all amounts due upon demand or the Company may cancel your account. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees.
The Company reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Service or any Content without notice. The Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or Content.
Your account remains in effect unless you cancel it or unless the Company terminates your account as provided by this Agreement. You may terminate your account at any time by sending an email to [email protected] Termination of your account is your sole right and remedy with respect to any dispute with the Company regarding the Service, Content, or this Agreement. The Company may terminate your account at any time for any reason by providing you with notice in any reasonable manner, including via email. Your rights under this Agreement will terminate automatically if you breach any part of this Agreement.
You will remain liable for all fees incurred via your account, even after your account is terminated. The Company is not liable for any loss of data or any other information caused by any termination of your account.
If you provide feedback to us regarding the Service or any Content (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
The Service may now or in the future include interactive features and services, including forums, message boards, ratings or review functionality, and similar services, in which you or third parties may send messages to Service users, and create, post, or store ratings or reviews, and other Content on the Service (“Interactive Services”).
If you post material on or through the Site or Services, then, unless the Company indicates otherwise, you (a) grant the Company and its subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such material throughout the world in any media; (b) grant the Company and its affiliates, subsidiaries, and sublicensees the right to use the name that you submit in connection with such material, if they choose; and (c) represent and warrant that you own and control all of the rights to the material that you post, or you otherwise have the right to post such material to the Site; and the use and posting of material you supply does not violate these Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for the Company, the Site, or for third parties.
You are solely responsible for your use of Interactive Services and use them at your own risk. By using any Interactive Services, you agree not to post, transmit, distribute, upload, or otherwise disseminate through the Site any of the following: materials that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent; material that infringes, or that may infringe, any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or that you otherwise do not have the right to make available; or material that, in the sole judgment of the Company, is objectionable, restricts or inhibits any person or entity from using or enjoying any Interactive Services or other portions of the Site, or which may expose the Company, the Site, or its users to harm or liability of any nature.
The Company takes no responsibility and assumes no liability for any material posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is the Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter on the Service or in your dealings with other Service users. The Company is not liable for any statements, representations, or material provided by its users.
YOUR USE OF THE SERVICE OR CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY, ITS LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR CONTENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE OR CONTENT, INCLUDING ANY LOSS OF CONTENT DUE TO FILE CORRUPTION OR A COMPUTER OR HARD DRIVE CRASH, OR YOUR INABILITY TO USE THE CONTENT FOR ANY INCOMPATIBILITY REASONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY, THROUGH OR FROM THE SERVICE, OR FROM ANY AFFILIATE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
NEITHER THE COMPANY NOR ITS LICENSORS OR AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY, ANY LICENSOR OR AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE OR CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You will defend, indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any lawsuits, claims, costs, damages, expenses, and liability arising out of your use of the Service, Content, or your violation of this Agreement.
The Service may contain links to sites that are controlled by third parties. Those linked sites are not controlled by the Company and you acknowledge that the Company is not responsible for any content on any linked site. The Company provides links as a convenience only, and the inclusion of any link does not imply endorsement by the Company of any linked site.
We may occasionally update this Agreement. When we do, we will revise the “last updated” date at the top of this Agreement, and you may view the most current version at http://resilienceacademy.com. It is your responsibility to review the most recent version of the Agreement frequently and remain informed about any changes to it. By continuing to use the Service, you consent to any updates to this Agreement. This version of the Agreement supersedes all earlier versions, and comprises the entire agreement between you and the Company regarding the Service.
The Company’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances.
By using the Service, you consent to receiving electronic communications from the Company. These communications will include notices about your account and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
This Agreement is governed by the laws of the State of New York, excluding conflicts of law principles. Any controversy or claim arising out of or relating to the Site, Services, or this Agreement must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in New York, NY, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by New York law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.
If you have any questions or concerns about this Agreement, the Service, or Content, please send us a thorough description by email to [email protected]