TERMS AND CONDITIONS OF USE
LAST UPDATED 11 SEPTEMBER 2025
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE BUSINESS. YOU MUST REVIEW AND AGREE TO THIS DOCUMENT IN ITS ENTIRETY. BY ACCESSING AND USING THE PLATFORM, WEBSITE, PRODUCTS AND SERVICES YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS POLICY. You acknowledge that this Agreement is a contract between you and The Business, even though it is electronic and is not physically signed by you, and it governs your use of the Platform, Website, Products or Services. User represents and agrees that you are over the age of 18. The Business does not permit those under 18 to use the Platform, Website, Products or Services. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, YOU ARE NOT AUTHORIZED TO USE OUR PLATFORM, WEBSITE, PRODUCTS OR SERVICES.
THIS AGREEMENT CONTAINS A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS
ACKNOWLEDGEMENT
The information provided when using the Platform, Website, Products and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform, Website, Products and Services from other locations do so on their own initiative and at their own risk and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
You represent and warrant that:
• You are not located in a country that is subject to a United States government embargo, or
• You are not in a country that has been designated by the United States government as a "terrorist supporting" country,
• You are not listed on any United States government list of prohibited or restricted parties.
• You will not access the Platform, Website, Products and Services through automated or non-human means, whether through a bot, script or otherwise; and
• Your use of the Platform, Website, Products and Services will not violate any applicable law or regulation.
If your use of the Platform, Website, Programs, or Services violates any of the above, you are NOT authorized to use the Platform, Website, Products, or Services.
Supplemental terms and conditions or documents that may be posted on the Platform, Website, Products, or Services from time to time are hereby expressly incorporated herein by reference.
1. DEFINITIONS
Unless the context requires otherwise, capitalized terms and expressions in this Agreement are defined terms and expressions which shall have the following meaning:
1.1. “Agreement” means these terms and conditions of this document and those obligations that are applicable to User’s use of the Platform, Website, Products, and Services, which are hereby incorporated by reference as if set forth in full, that are found in the contents of The Business’s:
• Privacy Policy
• Disclaimers
• User Content Policies
• User Contact Policies
• Refund Policy
• Cookie Policy
• DMCA Policy
• Accessibility Statement
• Shipping Policy
• Affiliate Agreement (if applicable for those who are Affiliates)
The Business reserves the right to modify the Agreement at any time. User’s continued use of the Platform, Website, Products, or Services shall be deemed acceptance of any new versions of the Agreement;
1.2. “Account” means any account(s) of or relating to the User for use of the Platform, Website; Products, or Services.
1.3. “The Business” (including the terms “we", "us" or "our”) means the entity described at the bottom of the page, having its registered business address at address at the bottom of the page, and includes its subsidiaries and affiliate businesses, and for liability indemnification purposes includes their directors, officers, employees, agents, shareholders, partners, members, contractors and owners.
1.4. “Confidential Information” means, in relation to a Party, all information (whether the information is in oral or written form or is recorded in any other medium):
• about or pertaining to the business of that Party, its affiliates, or their respective clients, suppliers, or business associates (including but not limited to information on products, technology, IT operations, intellectual property rights, know-how, financial information, and personal data), which is disclosed to the other Party, its affiliates or their respective personnel or contractors (or personnel of a contractor), or which is acquired by or otherwise comes to the knowledge of the other Party) in connection with the Affiliation;
• the contents of this Agreement;
• all information identified by a Party as confidential; and
• all other information of which the other Party knows or should reasonably know to be of a confidential nature
1.5. “Contact Information" means the information for The Business listed at the bottom of this page.
1.6. “Content” means any data, text, images, video, information, documents, audio or other material you submit on the Platform, Website, Products, or Services.
1.7. “ESTAGE” means ESTAGE, LLC, a South Dakota LLC and its associated companies.
1.8. “Information Protection Manager” (IPM) (also the Data Protection Officer (DPO), when and only when a DPO is mandated by law) means the information for IPM listed at the bottom of this page.
1.9. “Intellectual Property Rights” means all present and future rights conferred by statute, common law, or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill, know-how, and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which exist or will exist now or in the future in any part of the world.
1.10. “License” means a grant of permission and authority to use the Platform, Website, Products, Services, and/or Materials in accordance with the terms set forth in the [[ Terms of Use ]] and the other [[ Legal Pages ]] of this Website.
1.11. “Materials” means the trade name(s) and trademark(s) of The Business; and any information and materials, including, but not limited to, logos, images, texts, banner advertisements, affiliate links, website links or URLs, hyperlinks, button links, text links, and/or other information or materials of or in relation to Platform, Website, Products, Services or The Business.
Materials also includes the name “ESTAGE,” and other trade name(s) and trademark(s) of ESTAGE; and any information and materials, including, but not limited to, logos, images, texts, banner advertisements, affiliate links, website links or URLs, hyperlinks, button links, text links, and/or other information or materials of or in relation to the brand ESTAGE that ESTAGE provides to The Business in relation to the agreement between The Business and ESTAGE, which is attached hereto as EXHIBIT A, and included herein as if set forth in full.
1.12. “Parties” means The Business and the User;
1.13. “Party” means either of the Parties;
1.14. “Products” means the software, related software products (e.g., templates), digital products (e.g., courses) other intangible items (e.g., licenses) and tangible physical items of The Business and/or ESTAGE, provided on the Platform and Website or otherwise. These can be free or paid.
1.15. “Shareables” means information The Business may grant the User permission in advance to share on the User’s website or social media, email, or otherwise by:
• providing for a button to share the Shareables;
• providing a button to embed the Shareables; or
• explicitly stating that the Shareables may be shared by the User on the User’s website or social media, email or otherwise.
The Business is and remains the owner of the Shareables at all times. The User is only granted a non-exclusive, limited, revocable, non-transferable, non-sublicensable license to share the Shareables in accordance with these Terms, and insofar as the User does not violate these Terms or any copyright, trademark, and other intellectual property or proprietary rights.
1.16. “Services” means the any type of services rendered by The Business and/or ESTAGE, whether related to Products or not, provided by The Business and/or ESTAGE on the Platform, Website or otherwise;
1.17. “User” (including the terms “you" or "your") means: all persons accessing or using the Platform, Website, Products, and Services, whether they are a natural or legal person, and all such persons are bound by this Agreement. If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Platform, Website. Products, or Services. The natural or legal person agreeing to this Agreement is responsible for assuring that its employees, agents and contractors comply with this Agreement. Any breach of the Agreement by an employee, agent, or representative acting on User’s behalf shall be deemed a breach by the User. Therefore “User” includes, for the purpose of responsibility and liability of the natural or legal person who has agreed to this Agreement and all the actions of the natural or legal person’s employees, agents and contractors; and all others they grant access to the Platform, Website, Products or Services.
1.18. “Platform, means: the Website, Products and Services of The Business and includes any related products or services of partners and affiliates on the website or included in The Business’s Products and Services, and applies to anyone who visits, views, listens to, and/or uses the:
• Website page(s) with the website Universal Resource Locator (URL) described at the bottom of the page, and all the sub-domains and sub-pages associated with that URL, or any other
website in which The Business or ESTAGE makes Products available to User, to include, but not limited to ESTAGE.com (hereinafter collectively referred to as; the "Website"), or
• Audio recordings, text and other content placed on the Platform, Website, videos and podcast of The Business on any platforms, anywhere, or
• Video recordings, text and other content placed on Platform, Website, videos and podcasts of The Business on any platforms, anywhere, or
• Images, video recordings, text, and other content placed on any social media platforms, anywhere, or
• Text, images, and other content included in the emails of The Business, or]
• Any other content created by The Business and placed on any other media outlets, channels or digital platforms, worldwide.
2. ACCOUNTS AND MEMBERSHIP
2.1. You must be at least 18 years old to use the Platform, Website, Products and Services.
2.2. You may not use as a username:
• the name of another person or entity or that is not lawfully available for use,
• a name or trademark that is subject to any rights of another person or entity that is not owned by User without appropriate authorization, or
• a name that is otherwise offensive, vulgar or obscene.
2.3. You are responsible for safeguarding the password that you use to access the Platform, Website, Products and Services and for any activities or actions performed using your password. You agree not to disclose your password to any third party.
2.4. If you create an Account on the Platform, Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new Accounts before you sign in and start using the Platform, Website, Products or Services.
2.5. When you create an Account, you agree not to provide any false information, and you have a continuing obligation and must provide us information that is accurate, complete, and current at all times.
2.6. You expressly understand and agree that you are solely responsible for all activity that occurs under your Account, whether done so by you, or any third person using your account.
2.7. If you wish to terminate your Account, you may simply discontinue using the Platform, Website, Products, and Services.
2.8. The User expressly agrees that The Business can and will use any and all of the information in the User’s for the Business’s operations and marketing. Such usage will be in accordance with The Business’s Privacy Policy and other Legal Policies on the Website.
2.9. We may suspend, disable, or delete your Account(s) (or any part thereof) without prior notice or liability, for any reason whatsoever, including without limitation if we determine that you have violated any provision of this paragraph or the Agreement. If we delete your account for the preceding reasons, you may not reregister for an Account or our Platform, Website, Products or Services. In addition, we may block your email address and Internet protocol address to prevent further registration.
3. USER CONTENT
3.1. The Business allows User to post Content to the Platform, Website. You confirm that you have read and agree with the terms of our prohibited Content rules in paragraph 3.8 and paragraph 12, and will not post, send, publish, upload, or transmit any such prohibited Content. You are responsible for the Content that you post to the Platform, Website, including its legality, reliability, and appropriateness. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content.
3.2. User owns any Content you submit on the Platform, Website. User is responsible for enforcing and protecting User’s rights to User’s Content. The Business may, but has NO obligation whatsoever to, take action to protect User’s Content. You are responsible for the Content you submit to the Platform and Website.
3.3. User grants The Business consent to access, copy, distribute, store, transmit, reformat, display, and perform the Content of your user account to provide the Platform, Website and its features to you. Without limiting any of those representations or warranties, we have the right, though not the obligation to, in our own discretion, refuse or remove any Content that, in our opinion, violates any of our policies or is in any way harmful or objectionable.
3.4. User grants The Business an irrevocable, fully sub-licensable, royalty free, world-wide, perpetual, right and license to use, publicly perform, reproduce, adapt, modify, edit, translate, copy, reformat, publish, broadcast, sell, create derivative works from, livestream, post, and/or distribute the Content created by you or stored in your user account on the Platform and Website in all forms of media and for commercial, marketing, or any similar purpose, including but not limited to, use for information directed to the public and prospective and existing customers on the Platform and Website and other websites, social media channels, newsletters, emails, commercial products, educational and/or course materials, video footage, sales marketing or any other business purpose. You agree that this license includes the right for the Business to make your Content available to other users of the Service, who may also use your Content subject to this Agreement. The Business has no obligation to identify you as the creator of the Content. User agrees The Business has NO OBLIGATION TO COMPENSATE User in any way for use of Content created by the User. User expressly waives the right to approve, inspect or restrict the use of the Creations as described herein.
3.5. Unsolicited Idea Policy. In order to avoid misunderstandings regarding the ownership of ideas or suggestions, it is The Business’s policy not to review any unsolicited ideas, proposals, or submissions, including, without limitation, those related to products, services, technologies, marketing strategy, advertising campaigns, promotions, processes, or operational improvements. We appreciate your interest in presenting us ideas, but our staff already extends much effort toward the development and implementation of new services, products, techniques, and equipment.
The User expressly agree that any unsolicited ideas or suggestions provided to The Business automatically become the sole and exclusive the property of The Business, and that notwithstanding any other provision of this Agreement, or any provision of law, the USER FORFEITS ALL RIGHTS WORLDWIDE IN PERPETUITY TO OWNERSHIP, COMPENSATION, OR ANY OTHER BENEFIT FROM UNSOLICITED IDEAS OR SUGGESTIONS the User provides to The Business.
3.6. We also reserve the right to access, read, preserve, and disclose any information as we believe is necessary to:
• satisfy any applicable law, regulation, legal process or governmental request,
• enforce this Agreement, including investigation of potential violations hereof,
• detect, prevent, or otherwise address fraud, security or technical issues,
• respond to user support requests, or
• protect the rights, property or safety of The Business, our users and the public.
3.7. The Business reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Agreement, and remove or refuse to remove such Content in The Business’s sole and absolute discretion. The Business further reserves the right to make formatting and edits and change the manner of any Content. The Business can also limit or revoke the use of the Platform, Website, Products or Services if you post such objectionable Content. You represent and warrant that:
• the Content is yours (you own it) or you have the legal right to use it and grant us the rights and license as provided in this Agreement,
• submitting your Content on or through the Platform, Website, Products, or Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, and
• your Content in your submissions does not constitute confidential information under applicable law that is yours or any third-party that is subject to protection, or special handling, or is a violation of a third-parties rights.
Violation of the terms of this paragraph is a breach of the Agreement, which may result in immediate termination of all your Account(s).
3.8. The Business is not responsible for the Content of other users of the Platform, Website, Products and Services. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your Account, whether done so by you or any third person using your Account. You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
• False or misleading information;
• Unlawful or promoting unlawful activity;
• Soliciting others to perform or participate in any unlawful acts;
• Violating any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• Defamatory, discriminatory, or mean-spirited Content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups;
• Content or programs that systematically retrieve data or other Content from the Platform, Website, Products or Services to create or compile, directly or indirectly, a collection, compilation, database;
• Content that will trick, defraud, or mislead The Business and other users, especially in any attempt to learn sensitive account information such as user passwords;
• Content designed to phish, pharm, pretext, spider, crawl, or scrape;
• For any obscene or immoral purpose;
• To interfere with or circumvent the security features of the Platform, Website and Services, third party products and services, or the Internet;
• Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
• Containing or installing any viruses, worms, malware, trojan horses, or other Content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person;
• Infringing on any intellectual property or proprietary rights of anyone, including patent, trademark, trade secret, copyright, right of publicity or other rights;
• Impersonating any person or entity including The Business and its employees or representatives; and
• Violating the privacy of any third person.
3.9. You must immediately notify us of any unauthorized use of your Account or other security breaches. We will not be liable for any acts or omissions by you, including any damages incurred as a result of such acts or omissions.
3.10. The Business does not guarantee there will be no loss or corruption of Content. You agree to maintain a complete and accurate copy of any Content in a location independent of the Platform, Website, Products or Services.
3.11. The Business cannot control all Content posted by users and/or third parties on the Platform, Website, Products or Services, and you agree to use the Platform, Website, Products, and Services at your own risk. You understand that by using the Platform, Website, Products, and Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable.
3.12. User expressly agrees that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions of any content, or any loss or damage of any kind incurred as a result of your use of Platform, Website, Products, and Services, loss of Content or because of any Content on the Platform, Website, Products, or Services.
3.13. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this paragraph, this Agreement, or that your conduct or content would tend to damage The Business’s reputation and goodwill. If we delete your account for the preceding reasons, you may not re-register for our Services. In addition, we may block your email address and Internet protocol address to prevent further registration.
3.14. We do not disclose personally identifying information to third parties except in accordance with our [[ Privacy Policy ]].
3.15. For additional details, see our [[ Content Policy ]] and [[ DCMA ]] pages, which are incorporated herein by reference as if set forth in full.
4. BILLING AND PAYMENTS
4.1. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Platform, Website, Products and Services are offered on a free trial basis, payment may be required after the free trial period ends and not when you enter your billing details (which may be required before the commencement of the free trial period). If autorenewal is enabled for the Platform, Website, Products and Services you have subscribed for, you will be charged automatically in accordance with the term you selected. Sensitive and private data exchange happens over an SSL-secured communication channel and is encrypted and protected with digital signatures. The Platform, Website also complies with PCI vulnerability standards to create as secure an environment as possible for User. Scans for malware are performed on a regular basis for additional security and protection. If in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, household, or order. These restrictions may include orders placed by or under the same customer account, credit card, and/or orders using the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided when the order was made.
4.2. Refunds and cancellations MAY OR MAY NOT EXIST FOR PURCHASES. It depends on the information provided at the time of purchase of the Product or Service and the information contained in our Refund Policy page. The availability of refunds or cancellations may vary by product or service and by the location of the purchaser. Refer to our [[ Refund Policy ]] more information.
4.3. Click to Cancel. If a purchase is a subscription purchase the User has certain rights in regard to cancelling the subscription in various countries around the world. The Business intends to comply with such subscription cancellation rules and has a simple mechanism of the Website for User’s to cancel subscriptions that The Business believes is in compliance with such rules.
5. ACCURACY OF INFORMATION
5.1. Occasionally there may be information on the Platform, Website containing typographical errors, inaccuracies, or omissions relating to promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Platform, Website, Products and Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Platform, Website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Platform, Website should be taken to indicate that all information on the Platform, Website has been modified or updated.
6. THIRD-PARTY SERVICES
6.1. This Website may contain links or references to third-party websites or resources. The Business may be an affiliate of any of these third-party websites by promoting, offering, and/or advertising their products and/or services on the Website. The Business does not own or control these third-party websites.
6.2. The User expressly agrees that The Business is not responsible or liable for the correctness, accuracy, or completeness of any content or information presented on these third-party websites and/or resources. The User assumes any and all risks for visiting and/or using these third-party websites and/or resources, and any and all transactions between the User and these third-party websites and/or resources are exclusively between the User and the relevant third party.
6.3. If the User decides to enable, access, or use third-party services, be advised that such access and use of such other services are governed solely by the terms and conditions of such other services. The Business does not endorse, is not responsible or liable for, and makes no representations as to any aspect of such other services, including, without limitation, their validity or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. The User irrevocably waives any claim against The Business with respect to such other services. The Business is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access, or use of any such other services or your reliance on the privacy practices, data security processes, or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you expressly permit The Business to disclose your data as necessary to facilitate the use or enablement of such other services.
6. BACKUPS
We are not responsible for the Content residing on the Platform, Website, Products, or Services. We shall NOT be held liable for any loss of any Content. It is your sole responsibility to maintain an appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
7. ADVERTISEMENTS
7.1. You will see advertising on the platform. In consideration for our granting you access to and use of the Platform, Website, Products and Services, you agree that we and our third-party providers and partners may place advertising on the Platform, Website, Products and Services or in connection with the display of Content or information from the Platform, Website, Products and Services, whether submitted by you or others.
7.2. During your use of the Platform, Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Platform, Website, Products and Services. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third party. We shall have no liability, obligation, or responsibility for any correspondence, purchase, or promotion between you and any third party.
8. LINKS TO OTHER RESOURCES
Although the Platform, Website, Products and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource unless specifically stated herein. Some of the links on the Platform, Website may be “affiliate links.” This means if you click on the link and purchase an item, The Business will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for other third parties' actions, products, services, and content. You should carefully review the legal statements and other conditions of use of any resource you access through a link on the Platform, Website. Your linking to any other off-site resources is at your own risk.
9. LICENSE FOR USE
9.1. We give you a revocable, personal, worldwide, royalty-free, non-assignable and nonexclusive license (“License”) to use the Website. The License also includes a revocable, personal, worldwide, royalty-free, non-assignable and non-exclusive right to use the Products and Services that you have purchased, and for subscription Products and Services, for as long as your payments for such Products and Services are paid. This License has the sole purpose of enabling you to use and enjoy the Platform, Website, Products and Services in the manner permitted by this Agreement and all additional terms for specific Platform, Website, Products and Services (if any).
9.2. User agrees not to copy, print, download, steal, duplicate, modify, publish, post, display, distribute, reproduce, store, transmit, share, transfer, publish, create derivative works, reverse engineer, sell, rent, license, exploit or infringe in any way any part of the Platform, Website, Products and Services without having received the prior written consent of The Business.
9.3. Any feedback, comments, or suggestions you may provide regarding the Platform, Website, Products and Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. All content on and contained in on the Platform, Website, Products and Services which includes, but is not limited to, text, images, photos, posts, logos, marks, graphics, designs, files, services, products, videos, audio, software, applications, computer code, metadata, downloads, and all other information and materials on the Platform, Website, Products and Services is the sole and absolute property of The Business and is protected by intellectual property laws.
10.2. This Agreement does not transfer to User any Intellectual Property rights owned by The Business or third parties, and all rights, titles, and interests in and to such property. All trademarks, service marks, domain names, graphics, logos, other distinctive brand features, and other proprietary rights connected with the Platform, Website, Products and Services are trademarks or registered trademarks of The Business or its licensors. Other trademarks, service marks, domain names, graphics, logos, other distinctive brand features, and other proprietary rights used in connection with the Platform, Website, Products and Services may be the trademarks of other third parties. Using the Platform, Website, Products and Services grants you no right or license to reproduce or otherwise use any of The Business’s or third-party Intellectual Property. The Platform, Website, Products and Services are protected by copyright, trademark, and other laws of both the United States and other countries. other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Platform, Website, Products, and Services are and will remain The Business’s and our licensors' exclusive property (excluding Content provided by users, except as licensed to The Business pursuant to this Agreement and the [[ Content Policy ]] and [[ Affiliate Agreement ]] (for Affiliates).
10.3. Shareables:
• When sharing Shareables, unless otherwise stated, the User is obliged to:
♦ share the latest version of the Shareables;
♦ ensure that Shareables are displayed accurately;
♦ mention the source of the Shareables; and
♦ add a hyperlink to the original location of the Shareables.
• The User may not use Shareables in any way that:
♦ is illegal, infringes or violates the rights of anyone;
♦ is offensive, obscene, defamatory, abusive, profane, hateful, vulgar, obscene, libellous, pornographic, political, threatening, derogatory, upsetting, insulting, misleading, discriminatory, sexist, racist or harmful to anyone in any way;
♦ disparages or discredits The Business;
♦ encourages or advocates conduct that constitutes a criminal offence, giving rise to (civil) liability or otherwise violates any law;
♦ is likely to cause confusion among third parties;
♦ portrays or insinuates any endorsement or sponsorship of the User by The Business or in any other way portrays or insinuates that The Business supplies or approves of the User;
♦ portrays or insinuates any special relationship between the User and The Business; or
♦ portrays or insinuates that the User has exclusive access to the Website or the Shareables.
• Unless otherwise stated, the User may not associate the Shareables with advertising or sponsorship or use Shareables for any financial gain, including, but not limited to, charging third parties for viewing or using Shareables.
• Where applicable, the User may not remove any tagging or tracking from the Shareables.
• The Business is at all times entitled to have the User suspend or remove the Shareable(s) from the User’s website, social media platform(s) and/or any other location the User has shared the Shareables for whatever reason and with immediate effect.
Any breach of The Business’s Intellectual Property rights will constitute a material breach this Agreement and your right to use the Platform, Website, Products and Services will terminate immediately.
10.4. Products and Service:
• The provisions of this Section 10.4 apply whether the Product(s) and Service(s) are FREE OR PAID and cannot be altered without the express written consent of The Business.
• The User is granted a non-exclusive, limited, revocable, non-transferable, nonsublicensable license to use the Products and Services for the User’s own personal, non-commercial, informational and educational use and insofar as the User does not violate any copyright, trademark, and other intellectual property or proprietary rights. These terms of the license mean:
♦ Non-exclusive, meaning The Business can give this same license to anyone else
(ex., you can sell access to as many students as you want)
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Non-transferrable, meaning the User CANNOT give the rights they have to use the content to someone else, prohibiting transferring the license or Product or Service use to someone else |
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Non-sublicensable, meaning the User does NOT have the right to give the license the student has to someone else while keeping the license themselves, also. |
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Limited, meaning that not all The Business’s rights are transferred to the User. Only those rights specified in the sales terms and conditions are transferred (to the contrary an unlimited license, which the User does not receive, would mean the User has the right to use the Product or Service without limitation in the same manner The Business) |
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Revocable, meaning The Business still has the RIGHT TO REVOKE the license and basically stop the User from using the Product or Service. |
• The User is buying / receiving a personal license to use Products and Services. THE USER DOES NOT OWN THE PRODUCT(S) AND SERVICES(S). The Product(s) and Services(s) are for the User’s personal use only. Any commercial use or sale is prohibited unless otherwise specified at the time of Purchase. You cannot redistribute, resell, or reproduce, the Product(s) and Services(s) or any portion or derivative of the Product(s) and Services(s) in any manner, which expressly includes sharing Product(s) and Services(s) with friends and family.
• The User acknowledges and agrees that the User is NOT PERMITTED to:
• share, print, download, edit, modify, copy, reproduce, enhance, reverse engineer, (re)distribute, sell, resell or in any way exploit any of the Product(s) and Services(s) or its contents;
• share Platform, Website, Product(s) and Services(s) login or account access details, or grant Platform, Website, Product(s) and Services(s) access to others;
• collect or use descriptions or prices of the Product(s) and Services(s);
• make any derivative use or create derivative works of any of the Product(s) and Services(s) or its contents; or
• create competing Products using your any portion of the Product(s) or Services(s) or Materials.
If the User does not comply with the terms described herein, or the terms of the Legal Pages, or terms otherwise specified at the time of the sale, The Business can REVOKE the User’s License and prevent the User from further use of the Platform, Website, Product or Service. The User agrees to abide by the trademark, copyright, and other intellectual property laws related to the Product(s) and Services(s) and shall be exclusively responsible for any violations of these Terms and misuse can result in the REVOCATION of the User’s license to use the Platform, Website, Product or Service.
10.5. Updates for Product(s) and Services(s) are NOT included in the purchase unless otherwise specified at the time of sale. Notwithstanding any update descriptions or promises provided at the time of sale, The Business has the sole, absolute and unfettered right to discontinue updates on a Product or Services or discontinue the Product(s) and Services(s) all together.
10.6. The User expressly agrees that the Business has no obligation to continue to update or provide any Product(s) and Services(s)and The Business shall not be liable in any way for discontinuing updates on a Product(s) and Services(s), or discontinuing a Product(s) and Services(s) completely.
10.7. As further set forth in paragraph 3 above and in the [[ User Content Policy ]] page of this Website, the User provides The Business a non-revocable, royalty-free, non-exclusive license to use the User’s figurative mark, logo, photo, video, personal name and business name and any materials, Content and information created and/or provided by the User in relation use of the Platform, Website, Products and/or Services. The Business may use such information provided by the User to The Business in any public communication and any communication purposes with third parties, including, but not limited to, for the purpose of marketing, advertising and promotion.
11. PARTIES ARE INDEPENDENT
The Parties expressly do not intend to create a joint venture, principal-agent relationship, general or silent partnership, or any partnership exceeding the terms in this Agreement. The rights and obligations of the Parties are limited to those expressly set out in this Agreement.
12. NON-DISPARAGEMENT & PROHIBITED CONDUCT
12.1. The User agrees not to disparage The Business, its brand, Products, Services or persons working for or employed by The Business.
12.2. The User agrees that it will not make any claims that will damage or ruin the reputation of The Business.
12.3. The User shall not use the Materials and information in relation to The Business, Platform, Website, Products, Services, and/or this Agreement on any website, advertisement, or in any way that:
• Is illegal, infringes or violates the rights of anyone;
• Uses any information obtained from the Platform, Website, Products and Services in order to harass, abuse, or harm another person;
• Attempts to impersonate another user or person or use the username of another user;
• Makes any unauthorized use of the Platform, Website, Products, or Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
• Uses the Platform, Website, Products or Services as part of any effort to directly compete with us on similar websites, products or services owned or marketed by User. This provision does NOT apply to Affiliates marketing The Business’s products in accordance with our [[ Affiliate Agreement ]];
• Makes improper use of our support services or submit false reports of abuse or misconduct;
• Deletes the copyright or other proprietary rights notice from any Content;
• Is offensive, obscene, defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, political, threatening, derogatory, upsetting, insulting, misleading, discriminatory, sexist, racist or harmful to anyone in any way;
• Disparages or discredits The Business, its Platform, Website, Products or Services;
• Encourages or advocates conduct that constitutes a criminal offence, giving rise to civil liability or otherwise violates any law;
• Is likely to cause confusion among third parties;
• Portrays or insinuates any endorsement or sponsorship of User by The Business, or that The Business, its Platform, Website, Products or Services in any other portrays or insinuates that The Business approves in any way the User, or its products or services and activities;
• Portrays or insinuates any special relationship between the Parties;
• Contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information;
• Contains software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. This includes toolbars, browser plug-ins, extensions and add-ons;
• Sends unauthorized or unsolicited material or cause disruption in the operation and/or functionality of the Website;
• Uploads or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "PCMs");
• Except as may be the result of standard search engine or Internet browser usage, uses, launches, develops, or distributes any automated system or other software, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, Website, Products, or Services;
• Interferes with, disrupt, or create an undue burden on the Platform, Website, Products and Services or the networks or services connected to the Platform, Website, Products and Services;
• Harasses, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform, Website, Products or Services to you;
• Attempts to bypass any measures of the Platform, Website, Products and Services designed to prevent or restrict access to the Platform, Website, Products or Services, or any portion of the Platform, Website, Products or Services;
• Copies or adapts the Platform, Website, Products or Services software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
• Deciphers, decompiles, disassembles, or reverse engineers any of the software comprising or in any way making up a part of the Platform, Website, Products orServices;
• Causes User’s website(s) to copy, resemble, or mirror the look and feel of The Business’s Platform, Website. User will also not use any means to create the impression that User’s website is The Business’s Platform, Website or any part ofThe Business’s Platform, Website including, without limitation, framing of the Platform, Website in any manner; or
• Uses a buying agent or purchasing agent to make purchases on the Platform, Website, Products and Services.
13. COMMUNICATION
13.1. Any notice, request, consent, invoice, claim, demand, or other communication between the Parties in connection with the Affiliation or this Agreement must be sent by email in English to the Parties. User expressly agrees to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and via the Platform, Website, Products, or Services satisfy any legal requirement that such communication be in writing.
13.2. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY STATUTES, REGULATIONS, RULES, ORDINANCES, OR OTHER LAWS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, OR TO PAYMENTS OR THE GRANTING OF CREDITS BY ANY MEANS OTHER THAN ELECTRONIC MEANS.
13.3. All communications and notices will be sent by email addresses set out for each of the Parties below:
• to The Business: at the address at the bottom of the page.
• to the User or Affiliate: at the email address provided upon account creation,
• or such other email address as a Party may notify the other Party in writing.
13.4. Unless another means of communication is explicitly provided for in this Agreement, the Affiliate shall not use any other means of communication, such as text messages, direct messages on social media platforms, or phone calls, to communicate with The Business unless The Business has explicitly agreed to such other means of communication. Use of registered postal mail is authorized.
13.5. The Business operates its business on Monday to Friday from 0900 to 1700 in the time zone in which it is located, except for public holidays observed in The Business’s country (hereinafter referred to as; the “Business Days”, which, for the avoidance of doubt, includes the specified hours). The Business shall endeavor to respond to emails within 3 Business Days, which is a target and not a guaranteed service level. The Business shall not be liable for failure to respond to emails within the aforementioned timeframe or the consequences arising therefrom, and any such failure shall not constitute a breach of this Agreement.
14. WAIVER OF WARRANTIES
THE BUSINESS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO USER REGARDING THE WEBSITE, PRODUCTS, MATERIALS OR SERVICES PROVIDED THEREIN, AND ANY IMPLIED WARRANTIES OF OUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. THE ABOVE WAIVERS OF WARRANTIES IN PLAIN LANGUAGE MEAN THAT YOU HAVE RIGHTS TO CLAIM FOR DAMAGES IF THE PRODUCTS DO MEET YOUR EXPECTATIONS, PROVIDE THE RESULTS YOU WANT, OR PROVIDE EVEN PROVIDE ANY RESULTS AT ALL. THE BUSINESS WE WILL NOT BE LIABLE TO USER WITH RESPECT TO THE WEBSITE, PRODUCTS, SERVICES OR ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS, LOSS OF REVENUE OR GOODWILL, LOSS OF DATA, LOST ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF THE BUSINESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL THE BUSINESS'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL FEES PAID BY USER TO THE BUSINESS UNDER THIS AGREEMENT.
IN NO EVENT WILL THE BUSINESS, ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF THE CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF THE LIABLE PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE BUSINESS AND ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS RELATING TO THE SERVICES WILL BE LIMITED TO ANY ACTUAL AMOUNTS PAID BY YOU TO THE BUSINESS FOR USE OF THE WEBSITE, SPECIFIC PRODUCTS OR SPECIFIC SERVICES, AND IN THE CASE OF SUBSCRIPTION USE OF THE WEBSITE, PRODUCTS OR SERVICES, LIMITED TO ANY ACTUAL AMOUNTS PAID BY YOU TO THE BUSINESS FOR USE OF THE WEBSITE, SPECIFIC PRODUCTS OR SPECIFIC SERVICES FOR THE PRIOR ONE MONTH PERIOD BEFORE THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILURE OF ITS ESSENTIAL PURPOSE.
15. DISCLAIMERS
15.1. The Platform, Website, Products, Services, materials, and all information provided by, or used by or on behalf of The Business, are provided to User “AS IS" and "AS
AVAILABLE" at your SOLE RISK and with all faults and defects without warranty of any kind.
THE BUSINESS DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, PRODUCTS, AND SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF ANY LAW, TRADE USAGE, COURSE OF DEALING, COURSE OF PERFORMANCE, TRADE PRACTICE, OR CUSTOM.
SPECIFICALLY, WITHOUT LIMITATION TO THE GENERAL DISCLAIMER IN THIS PARAGRAPH 15.1, THE BUSINESS MAKES NO WARRANTY OR REPRESENTATION AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR:
• the completeness, accuracy, availability, timeliness, security or reliability of the Platform, Website, Products or Services, or the continued completeness, accuracy, availability, timeliness, security or reliability of the Platform, Website, Products or Services;
• any harm to your computer system, loss of data, or other harm that results from your access to or use of the Platform, Website, Products or Services;
• the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Platform, Website, Product or Services;
• whether the Platform, Website, Products or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis;
• any errors, mistakes, inaccuracies, viruses, malicious software, or service interruptions, including power outages or system failures in relation to The
Business’s Platform, Website, Products and Service or any software used by The Business in relation to the Platform, Website, Products and Services;
• any deletion, alteration, damage, damage, or loss of, or unauthorized access to, the User’s website(s), social media user-generated Content, emails, online software application(s) or any data, images, text, or other information or Content of the User;
• personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform, Website, Products, Services;
• any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; or
• any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available via the Platform, Website, Products, Services.
15.2. Any advice or information obtained by the User from The Business in relation to the Platform, Website, Products, and Services are expressions of opinion only and will not create any contract, warranty or guarantee.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE BUSINESS OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.
15.3. The Business is not responsible for the products or services of any third party, to include but not limited to ESTAGE, and The Business makes no representations regarding the content, accuracy of adequacy of any third-party services, products or materials.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTYTHROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
15.4. The Business makes no representations, guarantees, or warranties regarding potential income that may result from the use of the Platform, Website, Products and Services. The Business specifically disclaims any and all warranties relative to earning potential from the same.
• No Guarantees of Earnings. The Business makes no representations or guarantees regarding the level of income or business success User may achieve by using the Platform, Website, Products, and Services. Any estimates, projections, or testimonials provided by The Business or other partners are not a promise, guarantee, or prediction of User future earnings. Results vary widely and depend on numerous factors including, but not limited to, User’s efforts, marketing efforts, skill, dedication, market conditions, and customer demand.
• Individual Results Vary. Affiliate acknowledges that any earnings disclosed are not typical and that the success of other users of the Platform, Website,Products, and Services or any sample figures mentioned should not be taken as a benchmark for a User’s own performance. The income User earns by using the Platform, Website, Products, and Services is based on Affiliate’s own initiative, capabilities, and level of commitment, and no income level is assured.
• No Business Opportunity. Use of The Business’s Platform, Website, Products, and Services does not constitute the purchase or sale of a business or investment opportunity. It does not grant User any rights to a share of The Business’s profits, equity, or business operations. Any descriptions or statements regarding using the Platform, Website, Products, and Services potential should be understood solely as opportunities to possibly earn money and nothing more.
• Disclaimers and Reliance. The Business expressly disclaims any liability or responsibility for any claims or representations regarding potential income, profit, or business opportunity made by or on behalf of any person or entity in connection with the by using the Platform, Website, Products, and Services.
16. LIMITATION ON LIABILITY
YOU AGREE TO INDEMNIFY AND HOLD THE BUSINESS AND ITS AFFILIATES, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, FINES, LOSSES, DAMAGES, OR COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, INCURRED IN CONNECTION WITH OR ARISING FROM ANY THIRD PARTY ALLEGATIONS, CLAIMS, ACTIONS, DAMAGES, DISPUTES, OR DEMANDS ASSERTED AGAINST ANY OF THE BUSINESS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AS A RESULT OF OR RELATING TO:
• YOUR ACTS OR OMISSIONS,
• YOUR USE OF THE WEBSITE, PRODUCTS AND SERVICES,
• ANY ACTS OR OMISSIONS OF THE BUSINESS UNLESS SUCH ACTION OR OMISSION IS INTENTIONAL ILLEGAL MISCONDUCT, AND
• ANY ACTIONS OR OMISSIONS OF ANY THIRD PARTY.
THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO ANY AND ALL LIABILITIES, FINES, LOSSES, DAMAGES, OR COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, THIS INCLUDES BUT IS NOT LIMITED TO:
Lost Profit,
Lost Revenue,
Business Interruption,
Government Fines,
Sanctions & Penalties,
Criminal Investigations And Charges,
Loss Of Business Licenses,
Loss Of Goodwill Or Other Intangibles,
Loss Of Data,
Personal Injury, and
Property Damage.
Certain U.S. state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, but all other disclaimers remain intact and shall be enforced to the maximum extent allowed by law.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE BUSINESS FOR THE USE OF THE WEBSITE, PRODUCTS AND SERVICES.
17. INDEMNIFICATION
17.1 USER AGREES TO DEFEND, INDEMNIFY, AND HOLD THE BUSINESS HARMLESS, FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, MADE BY ANY THIRD PARTY, FOR ANY REASON, WHETHER THE ALLEGED HARM WAS CAUSED OR FACILITATED BY THE USER, OR CAUSED BY ANY THIRD-PARTY WHERE LIABILITY COULD BE ATTRIBUTED THROUGH THE USER, TO INCLUDE, BUT NOT LIMITED TO:
• USE OF THE WEBSITE, PRODUCTS AND SERVICES;
• VIOLATION OF ANY LAWS, REGULATIONS, RULES, OR ORDINANCES BY THE USER
• BREACH OF THIS AGREEMENT;
• INFRINGEMENT BY THE USER OF ANY INTELLECTUAL PROPERTY
RIGHTS OR OTHER THIRD-PARTY RIGHTS
• ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT;
• YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS; OR
• ANY OVERT HARMFUL ACT CAUSED OR FACILITATED BY THE USER AND ANY OMISSION TOWARD ANY OTHER PERSON/ENTITY, WHETHER OR NOT THAT PERSON/ENTITY IS A USER OF THE WEBSITE, PRODUCTS, OR SERVICES.
THIS INDEMNIFICATION BY USER TO THE BUSINESS IS FOR ANY AND ALL LIABILITIES, FINES, LOSSES, DAMAGES, OR COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, TO INCLUDE, BUT IS NOT LIMITED TO:
Lost Profit,
Lost Revenue,
Business Interruption,
Government Fines,
Sanctions & Penalties,
Criminal Investigations And Charges,
Loss Of Business Licenses,
Loss Of Goodwill Or Other Intangibles,
Loss Of Data,
Personal Injury, and
Property Damage.
17.2. Notwithstanding the foregoing, The Business reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to indemnification. The User expressly agrees that delay in notification is not a release of the indemnification obligations pursuant to this Agreement.
18. CHOICE OF LAW
This Agreement and any non-contractual obligations arising out of or in connection with this Agreement shall be governed by the laws of the state / jurisdiction where The Business has its place of business as described at the bottom of the page.
19. DISPUTE RESOLUTION
19.1. The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of
19.2. The Parties expressly hereby agree and acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm to The Business for which there will be no adequate remedy at law. In addition to other remedies provided by law or at equity, in such event The Business shall be entitled to seek injunctive relief, without the necessity of posting a bond and without having to establish actual damages resulting from a breach, to prevent any further breach of this Agreement by User or those acting User’s behalf.
19.3. Without prejudice to clause 20.2, all disputes arising out of or in connection with this Agreement, or further agreements resulting therefrom, shall be settled in accordance with the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules. The place of arbitration shall be where The Business has its place of business as described at the bottom of the page. The proceedings shall be conducted in the English language. No award or procedural order made in the arbitration shall be published. However, if:
• the User is a resident in the United States; or
• a dispute is not subject to arbitration under this clause for whatever reason,
that dispute shall be settled in the competent courts located where The Business has its place of business as described at the bottom of the page, and both Parties irrevocably consent to the exclusive jurisdiction and location of the Courts where The Business has its place of business as described at the bottom of the page for the adjudication of all non-arbitral claims.
BY AGREEING TO THIS AGREEMENT, USER WAIVES USER’S RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT. ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS.
20. WAIVER OF SERVICE OF PROCESS
20.1. If arbitration or litigation is commenced pursuant to Paragraph 20 above, or otherwise, User expressly agrees that:
• User waives formal personal service of process under U.S. Federal Civil Procedure Rule 4 (and/or all other applicable rules that apply to the arbitration or litigation in the jurisdiction where such action is commenced).
• The Business must notify User of the arbitration or litigation by delivering to User, two (2) copies of:
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the Complaint (or applicable arbitration document), |
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the Summons (or applicable arbitration document), |
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a form to waive personal service and accept service by delivery (as previously agreed to herein), and |
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A post-paid method to return the form waiving personal service to the Court or arbitration tribunal. |
• User shall accept as valid service of process, the delivery of the documents listed in the paragraph above (and/or any other document(s) which may be required by law) by delivery by:
♦ Registered return-receipt postal mail
♦ Signature required Fed-Ex delivery
♦ Signature required United Parcel Service (UPS) delivery
♦ Signature required DHL delivery, or
♦ Any other signature required delivery service commonly used in the country / jurisdiction where the User is located.
20.2. User will have thirty (30) days from the date of delivery to file the form to waive personal service and accept service by delivery with the Court or arbitration tribunal.
20.3. The waiver of service by the User does not waive any of User’s rights to object to the jurisdiction of the Court or arbitration proceedings.
20.4. User agrees that pursuant to U.S. Federal law (and/or the laws of other jurisdictions) the failure to:
• waive formal service of process (as previously agreed to herein), and
• file the acknowledgement of service of process form provided
can have serious adverse consequences. These include, but are not limited to:
• Entry of a default Judgement / Arbitration Award for damages, attorney fees, and costs against the User.
• A requirement that the User pay all costs associated with formal personal service of process, and
• The time for response to the Complaint or Arbitration petition will be shortened to 20 days, instead of 60 days that will apply if the waiver and filing occur. (90 days if the User is in a foreign country)
USER EXPRESSLY AGREES THAT THE ADVERSE CONSEQUENCES DESCRIBED ABOVE SHALL APPLY TO USER IF THE USER REFUSES/FAILS TO WAIVE PERSONAL SERVICE OF PROCESS AND/OR RETURN THE FORM ACKNOWLEDGING THE SAME TO THE COURT OR ARBITRATION TRIBUNAL WITHIN THE SPECIFIED TIME PERIOD.
21. INCORPORATED TERMS
Please also note that this Agreement incorporates all terms applicable to your use of the Platform, Website, Products and Services found in all the Legal Pages of the Platform, Website which are linked on the [[ Legal Policies ]] page.
2. TERM AND TERMINATION OF THE AGREEMENT
22.1. These Agreement shall remain in full force and effect while you use the Platform, Website, Products and Services.
22.2. You may end your legal agreement with us at any time by deactivating your accounts and discontinuing your use of the Platform, Website, Products and Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, FOR ANY REASON OR FOR NO REASON WITHOUT NOTICE TO ANY PERSON OR LIABILITY TO ANY PERSON, WITHOUT WARNING, IN OUR SOLE DISCRETION, (1) DENY ACCESS TO AND USE OF THE PLATFORM, WEBSITE, PRODUCTS AND SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) AND (2) DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED INCLUDING WITHOUT LIMITATION FOR:
• breach of any representation, warranty, or covenant contained in this Agreement or of any applicable law or regulation;
• you create risk or possible legal exposure for us;
• your account should be removed due to unlawful conduct;
• your account should be removed due to prolonged inactivity; or
• our provision of the Platform, Website, Products and Services to you is no longer commercially viable.
22.4. We will make reasonable efforts to notify you by the email address associated with your account or you will be notified of termination the next time you attempt to access your account, depending on the circumstances.
22.5. TO THE EXTENT PERMITTED BY LAW, WE MAY ALSO TERMINATE YOUR ACCOUNT OR CEASE PROVIDING YOU WITH ALL OR PART OF THE WEBSITE, PRODUCTS, AND SERVICES FOR ANY OTHER REASON OR NO REASON AT OUR CONVENIENCE.
22.6. In all such cases where the Agreement terminates, all Agreement and Policies incorporated by reference including, without limitation, your license to use the Platform, Website cease, except that the following sections shall continue to apply:
• [[ Affiliate Policies ]] (if you are or were an Affiliate)
• Sections of this Agreement
♦ Acknowledgement
♦ Definitions – paragraph 1
♦ User Content – paragraph 3
♦ Backups – paragraph 7
♦ Intellectual Property – paragraph 11
♦ Parties are Independent – paragraph 12
♦ Non-Disparagement and Prohibited Conduct – paragraph 13
♦ Waiver of Warranties – paragraph 15
♦ Disclaimers – paragraph 16
♦ Limitation of liability – paragraph 17
♦ Indemnification – paragraph 18
♦ Choice of Law – paragraph 19
♦ Dispute Resolution – paragraph 20
♦ Service of Process – paragraph 21
♦ Entire Agreement – paragraph 24
♦ Severability – paragraph 25
For the avoidance of doubt, portions of this Agreement survive the deactivation or termination of your account.
All representations and warranties undertaken by User shall also survive termination or cancellation of this Agreement and/or User’s Account(s) related to the Platform, Website, Products, or Services.
23. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties relating to the Platform, Website, Products and Services and supersede any earlier agreements between the Parties with respect to the subject made hereof, whether in writing (which includes email) or oral.
24. SEVERABILITY
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid, or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
25. CHANGES AND AMENDMENTS
The Bussiness reserves the right, in our sole discretion, to make changes or modifications to this Agreement at any time and for any or no reason. We will alert you about any changes by updating the "Last Updated" date of this Agreement at the bottom of the page, and you expressly waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Agreement by your continued use of the Platform, Website, Products or Services after the date such revised Agreement is posted.
26. ACCEPTANCE OF THESE TERMS
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Platform, Website, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Platform, Website.
27. CONTACTING US
If you have any questions regarding this Agreement, we encourage you to contact us using the details at the bottom of the page.
USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. USER AGREES TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
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USER AMENDMENTS
The following additions, deletions, or changes (hereinafter "User Amendments") are made to the above Agreement and are immediately effective on: [date]
[ CURRENTLY THERE ARE NO ADDITIONS, DELETIONS, OR CHANGES ]
To the extent any of the provisions of the Agreement are inconsistent with the provisions in these User Amendments, the inconsistent provisions of the Agreement are void and the provisions contained in these User Amendments shall control.
No other provisions of the Agreement shall be deemed changed by these User Amendments, and all such unchanged provisions are incorporated by reference in these User Amendments as if set forth in full and hereby ratified. This User Amendment does not redate the Agreement.
CONTACT INFORMATION
CONTACT INFORMATION
BUSINESS NAME:
BUSINESS EMAIL:
CONTACT URL: [[ Contact Us ]]
PHONE NUMBER:
COMPANY LEGAL NAME:
COMPANY ADDRESS:
GOVERNING LAW
GOVERNING LAW
VENUE COUNTRY:
VENUE STATE:
VENUE COUNTY:
additional information
additional information
REFUND PERIODS
REFUND PERIODS
LENGTH OF FREE TRIAL PERIOD:
RISK FREE REFUNDS PERIOD:
REFUNDS FOR DEFECTS PERIOD:
RESTOCKING FEE - PACKAGING INTACT:
RESTOCKING FEE - NO PACKAGING:
INFORMATION PROTECTION MANAGER
INFORMATION PROTECTION MANAGER
MANAGER NAME:
MANAGER EMAIL:
MANAGER ADDRESS:
Copyright © 2025 Compliance Media LLC. Licensed to ESTAGE LLC. All rights reserved.