Terms of Use and Refund Policy

Effective date: 23 July 2020

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

By checking the box next to this Terms of Use, and clicking the “Purchase” button, you, the purchaser of a subscription to the Membership Site entitled COLLISION BACKSTAGE, (hereinafter “Client”) acknowledge the terms as outlined herein, and agree and willingly purchase entry into Collision Backstage to be provided with services rendered by Collision Drumsticks (hereinafter “Collision Drumsticks”), and you agree you are voluntarily entering into a legally binding Agreement, including the automatic renewal terms, with Collision Drumsticks, inclusive of the following terms and conditions mutually agreed upon: 27 / 35

For good and valuable consideration of twenty-seven Great British Pounds (£27) Founding Membership or Thirty-Six Great British Pounds (£36) for full price , or two hundred seventy Great British Pounds (£270) Founding Membership and three hundred sixty Great British Pounds (£360) for full price , Client has agreed to purchase a monthly, or annual, subscription to Collision Backstage. In exchange, Collision Backstage agrees to provide the services outlined in the Membership Site Details below, and Membership Site Addendum attached hereto.

  1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Collision Drumsticks & Collision Backstage, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
  2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
  3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name is the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at Drumworks-Victoria Farm, Victoria, Howden-le-wear, Crook, County Durham, DL158BE, UK. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
  4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
  5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
  6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
  7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
  8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://collision.mykajabi.com/pages/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
  9. Membership Site Outline:
    1. Client agrees and understands that he/she is purchasing a monthly subscription to Collision Backstage, offering educational resources, group mentoring calls, and a community of like-minded male and female musicians.
    2. Client acknowledges that he/she has read the Membership Site Addendum and conducted any additional research necessary to feel he/she understands what is being provided in Collision Backstage as well as what is not included.
    3. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found in this Agreement and on Collision Backstage website.
    4. Collision Backstage is not to be considered a substitute for personalized business, medical, or legal advice. Collision Drumsticks is not designed to treat any mental, emotional, or other medical conditions. If you as the Client believe you may be in need of personalized attention, whether for your business, health, or otherwise, please seek additional assistance outside Collision Backstage.
  10. Confidentiality
    1. Client understands he or she is purchasing a monthly subscription to Collision Backstage with Collision Drumsticks. Following Client’s purchase and access to Collision Backstage, Client will have gained access to various trade secrets and personal intellectual property of Collision Drumsticks, including but not limited to materials such as verbal, written, and video advice, mindset guidance, and/or other information that may become available for use through Client’s participation in Collision Backstage. Client understands and acknowledges that this information is not to be openly shared with others who have not purchased a membership to Collision Backstage. Client agrees not to share, copy, or distribute any documents or other proprietary information obtained through Collision Backstage, and agrees that he or she will be in violation of these Terms of Use if he or she uses any of the Content outlined as his/her own material, or repurposes and uses the Content in his/her own business without express written permission of Collision Drumsticks.
    2. Should Client breach this provision and disclose confidential or proprietary information belonging to Collision Drumsticks or another participating In Collision Backstage, Client understands additional action may be taken by Collision Drumsticks up to and including legal action.
  11. Testimonials
    1. Collision Drumsticks may request Client provide a testimonial to be published on Collision Drumsticks’s website, or on various sales materials for Collision Backstage or another Program created by Collision Drumsticks. Client understands that he or she is not required to give any testimony, and understands that the choice to do so is freely up to Client. There will be no ramifications or change in relationship between Collision Drumsticks and Client if Client refuses testimonial.
    2. If Client accepts and provides Collision Drumsticks with a testimonial, Client understands the material, along with a photo of Client, will likely be published on Collision Drumsticks website or otherwise. Should Client agree to provide a testimonial, Client will agree to review and sign an additional Release, confirming same, and confirming Collision Drumsticks rights to use Client’s testimonial. No payment or additional services will be provided in return for Testimonial, and Client understands he or she is granting Collision Drumsticks an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any information provided to Collision Drumsticks as part of a Testimonial.
    3. Client gives Collision Drumsticks an unlimited, irrevocable license to repost, share, publish, and otherwise use the text, name, and/or likeness of Client which client voluntarily posts to social media or sends in via email, including but not limited to Collision Backstage Facebook group, Collision Drumsticks Facebook Page, Instagram comments, Instagram DMs to Collision Drumsticks and Twitter comments. Client understands and agrees any such comments or messages sent or posted by Client may be captured and reposted by Collision Drumsticks in any capacity it sees fit, including but not limited to sharing in email marketing, reposting to the public on social media, and otherwise sharing the comment with the public in an effort to publicize and market for Collision Backstage.
    4. If Client applies for a Member Showcase via Typeform, he/she understands there is no guarantee of winning a session with Collision Drumsticks and Client is freely giving Collision Drumsticks permission to use any content contained in the application as a testimonial for Collision Backstage, or otherwise, without any additional compensation owed.
  12. Payment and Payment Plans
    1. Email [email protected] with your one-time request to “pause” membership more than two (2) business days prior to Client’s scheduled billing date. If approved, Client will not be charged for the following two (2) consecutive months only. Client may request one (1) additional pause of two (2) months by emailing the above email address again, for a total of four (4) months, before membership will automatically begin again.
    2. If Client cannot make payments following this four (4) month pause, Client must cancel membership to avoid being charged.
    3. If Client fails to request an additional two (2) month pause with two (2) business days’ notice and is charged after the initial 2 month pause, this amount may not be refunded or canceled. Client must request the pause prior to the billing date in order to receive consideration for a membership pause.
    1. Client understands the cost of Collision Backstage is payable monthly, in the amount of twenty-seven Great British Pounds (£27) Founding Memberership or Thirty-Six Great British Pounds (£36) for full price , or two hundred seventy Great British Pounds (£270) Founding Membership and three hundred sixty Great British Pounds (£360) for full price and charged automatically by month or year, in accordance with the Auto-Renewal Terms outlined below in paragraph five (5).
    2. Client understands he/she is responsible for the full payment each month or year, and agrees to pay the sum requested electronically, via Collision Drumsticks/Backstage website or a designated third-party payment processor of Collision Drumsticks choosing, in full. If Client has joined Collision Backstage during a promotional period and has been promised a trial period that is less than the amount outlined above, Client understands that after such trial period, the monthly amount due and payable will be twenty-seven Great British Pounds (£27) Founding Memberership or Thirty-Six Great British Pounds (£36) for full price , or two hundred seventy Great British Pounds (£270) Founding Membership and three hundred sixty Great British Pounds (£360)  for full price. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands Client’s access to Collision Backstage may be restricted if payment is not made within 1 day of the date it is due. If payment is not made on the date it is due, Collision Drumsticks will continue to attempt to charge Client via the membership site software; if and when payment goes through, Client will again receive full access to the membership site.
    3. If payment is not collected, Client’s access will remain restricted, and Client will carry a balance on her account, showing the month(s) owed. Client must bring her account completely current in order to be granted access. If payment continues to be unsuccessful after sixty (60) days, Client membership shall be revoked and permanently cancelled. Should Client wish to rejoin Collision Backstage, after this period, she must do so at the current price membership is being offered.
    4. Collision Drumsticks reserves the right to cancel Client’s access to Collision Backstage should he/she fail to make additional payments in accordance with the Auto-Renewal Terms as outlined below. Should this occur, Client understands she is not entitled to a refund of funds already issued to Collision Drumsticks for access to Collision Backstage.
    5. PAUSING MEMBERSHIP: Client may elect to “pause” membership one (1) time throughout membership, by following these procedures:
  13. Auto-Renewal Agreement
    1. Client understands and agrees that continued access to The Collision Backstage requires recurring monthly payments of twenty-seven Great British Pounds (£27) Founding Membershipor Thirty-Six Great British Pounds (£36) for full price, or recurring annual payment of two hundred seventy Great British Pounds (£270) Founding Membership and three hundred sixty Great British Pounds (£360) for full price that will be made by Client on the day of the month or year on which they signed up. (For example, if Client joins Collision Backstage on the 5th of the month via monthly membership, they will continue to be charged on the 5th of every month thereafter.)
    2. If Client elects to be charged monthly: by purchasing access to Collision Backstage, and agreeing to these Terms of Use, Client understands he/she will be automatically charged each month, in the amount of £27 for Founding membership or £36 for full price via the same card or manner in which the initial payment was made, for the following month of membership to Collision Backstage. This process will repeat each month unless and until Client properly cancels his or her membership.
    3. If Client elects to be charged annually: by purchasing access to Collision Backstage, and agreeing to these Terms of Use, Client understands he/she will be automatically charged each year, in the amount of £270 Founding membership or £360 for full price via the same card or manner in which the initial payment was made, for the following year of membership to Collision Backstage. This process will repeat each year unless and until Client properly cancels his or her membership.
  14. CANCELLATION POLICY:
    1. If Client wishes to cancel his or her membership, Client must do so more than 48 hours before the charge is scheduled to withdraw. Any requests for cancellation made less than 48 hours before the automatic renewal is scheduled to charge Client’s card, or made subsequent to the charge, will take effect the following month.
    2. HOW TO CANCEL: In order to cancel a membership, Client must send an e-mail to [email protected] with the subject line MEMBERSHIP CANCELLATION, including the Client’s name, email address, and confirmation of request to terminate his or her membership. Client will be notified upon Collision Drumsticks receipt of email, and his or her membership will subsequently be canceled prior to the following billing period, assuming it is more than 48 hours away.
    3. As outlined above, if Client cancels his or her membership less than 48 hours before the automatic renewal is scheduled to charge Client’s card, Client acknowledges and agrees he or she will be charged for the next month, and the cancellation will take effect following this.
    4. If Client purchased access to Collision Backstage during a period in which a free month(s), or trial period was granted, Client understands he or she will be automatically charged the full monthly amount of £27 for Founding membership or £36 for full price following the end of the trial period. Client will not be given any additional notice regarding the end of the trial period, By checking the box on the purchase page confirming your agreement to these Terms, you also confirm you are given your unequivocal, clear, affirmative consent to your agreement with these automatic renewal terms, the cancellation policy, and that you understand how to cancel before your card is charged for the following month.
  15. Refund Policy
    1. Collision Drumsticks is not able to offer refunds once Client has purchased access to the Collision Drumsticks for any reason, including inability to obtain access to the site. If Client is dissatisfied with his or her membership or otherwise unable to view it in its entirety, he or she may reach out to customer service at [email protected] or may elect to Cancel via the CANCELLATION POLICY outlined above in paragraph six (6), and will not be charged for subsequent months.
    2. Client further agrees and understands that changing his/her mind about the Collision Backstage, failing to follow through or understand the details of the Collision Backstage, not experiencing the results he/she expected or desired, or experiencing any other similar situations does not entitle her to a refund.
  16. Technology
    1. Collision Drumsticks is not responsible for any specific technology you may need in order to adequately view and utilize Collision Backstage. Client’s inability to access Collision Drumsticks due to a technology issue on Client’s end does not qualify Client for a refund, nor does it alleviate Client of his or her responsibility to make monthly payments, unless or until Client’s membership is properly canceled in accordance with the cancellation policy in paragraph six (6).
  17. Voluntary Participation
    1. Client understands and agrees that he/she is voluntarily choosing to enroll in Collision Backstage and is solely responsible for any outcomes or results. While Collision Drumsticks believes in the services and that Collision Backstage is able to help many people, Client acknowledges and agrees that Collision Drumsticks is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health and well-being, including participation in Collision Backstage and any results therein.
    2. Client also understands she will have the opportunity to provide Collision Drumsticks with additional personal information, viewable to all Collision Backstage members, including but not limited to location, industry, and other information. All information is completely voluntary and optional to complete, and Client does not gain or lose anything in Collision Backstage for choosing to complete or not complete the additional information. Client understands this information will only be viewable to others inside the Collision Backstage, and understands that should he/she elect to complete the information, he/she is doing so completely voluntarily, and that Collision Backstage and Collision Drumsticks are not responsible for any negative results from such information dissemination.
  18. Disclaimer /No Guarantees
    1. While many of Collision Drumsticks past and current clients have experienced wonderful benefits from the content contained in Collision Backstage, Collision Drumsticks cannot guarantee results from any of the content on Collision Backstage, and cannot make any representations or guarantees regarding individual results. Client will hold Collision Drumsticks harmless if he or she does not experience the desired results.
    2. Client understands that all services provided by Collision Backstage and Collision Backstage in connection with The Collision Backstage being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase access to Collision Backstage and work with Collision Drumsticks on a purely voluntary basis and does not hold Collision Drumsticks or Collision Backstage responsible should Client become dissatisfied with any portion of Collision Backstage.
    3. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of Collision Backstage, as long as Collision Drumsticks delivers Collision Backstage as described in the Addendum below.
    4. Client also agrees to hold Collision Drumsticks harmless should any physical, emotional, or financial injury occur as a direct or indirect result of Collision Backstage. The content provided by Collision Drumsticks on its website and within Collision Backstage is comprised of information that has worked for Collision Drumsticks and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Collision Drumsticks cannot guarantee results from this Collision Backstage, and has no expectation of a specific result that he or she holds Collision Drumsticks responsible for.
    5. Client also understands he or she is purchasing the Collision Backstage and participating freely and voluntarily. The information contained within Collision Backstage may not be suitable for all persons and all business levels, and Client understands he or she may need to modify, edit, or change some of the educational lessons within Collision Backstage in order to make it applicable to Client’s business.
  19. Not Medical or Professional Advice: The purpose and goal of Collision Backstage is to provide Client with monthly education and assistance. Collision Backstage and content contained within Collision Backstage is not to be considered personalized business, medical, legal, or financial advice, and nothing within Collision Backstage is intended to provide or act as a substitute for mental health treatment. Collision Drumsticks encourages Client to consult the relevant professional needed if he/she suspects he/she may benefit from such services. We will assume that all individuals choosing to purchase access to Collision Backstage will have done any additional research necessary and has concluded that Collision Backstage offered is right for them.
  20. Collision Backstage “Benefits” Section
    1. Inside Collision Backstage, Clients have access to a “Benefits” page that includes offerings, deals, and coupon codes for some of Collision Drumsticks favorite brands. Client understands that Collision Drumsticks is not responsible nor liable should Client elect to utilize any products or services within the “Benefits” section of Collision Backstage, and any such decision to do so is wholly voluntary and outside the scope of Collision Backstage. The Benefits section is no more than a recommendations list of products and services Collision Drumsticks likes and/or uses, which may or may not be useful to members of Collision Backstage.
    2. If Collision Drumsticks has any material relationship with any products, services, or companies (including but not limited to affiliate relationships allowing Collision Drumsticks to collect a commission for any products or services purchased through these links), such material relationship will be disclosed on or near the link to each Company, identifying it as an “affiliate” link. Those marked with “affiliate link” notations means Collision Drumsticks is an affiliate of this company, and will receive financial compensation should Client elect to purchase the product or services offered.
  21. Intellectual Property
    1. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Collision Backstage without written permission by Collision Drumsticks;
    2. Post, distribute, copy, steal or otherwise use any portion of the Collision Backstage or its content, or information obtained via other members in the group Collision Backstage without written permission by Collision Drumsticks, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
    3. Claim any content created by Collision Drumsticks as part of Collision Backstage or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Collision Drumsticks was Client’s work, and use in his/her business as his/her own.
    4. Share purchased materials, information, content with others who have not purchased them.
    5. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitutes infringement and/or theft of our work, and a violation of this Agreement and English law.
    1. Client agrees and understands that Collision Drumsticks has created numerous original, creative works in connection with Collision Backstage, and agrees that Collision Drumsticks maintains all copyrights and other intellectual property rights in all original or derivative content associated with or included in Collision Backstage, whether created prior to working with Client or specifically for Client, including but not limited to: documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Collision Drumsticks. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business but understands that the original proprietary rights remain with Collision Drumsticks. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Collision Drumsticks to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of Collision Backstage.
    2. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Collision Drumsticks or obtained through working with Collision Drumsticks, without Collision Drumsticks express written consent. If such behavior is discovered or suspected, Collision Drumsticks reserves the right to immediately end Client’s participation in Collision Backstage without refund, as well as access to any Collision Backstage or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
    3. Licensee Rights: Collision Drumsticks Limited License to Client: Client understands that in purchasing Collision Backstage, she/he is gaining access to view all content and information available as part of Collision Backstage. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to use the information provided as instructed or allowed by Collision Drumsticks. As a “Licensee,” Client understands and agrees that Client will not:
  22. Indemnification
    1. Client agrees at all times to defend, fully indemnify and hold Collision Drumsticks and any affiliates, agents, team members or other party associated with Collision Drumsticks harmless from any causes of action, damages, losses, costs, expenses incurred as a result of Client’s use of Collision Backstage, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Collision Backstage. Should Collision Drumsticks be required to defend themselves in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Collision Drumsticks defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Collision Drumsticks, free of charge.
  23. Dispute Resolution
    1. Should a dispute arise between Collision Drumsticks and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Collision Drumsticks responsible for any specific results, or those results which have been achieved by other clients of Collision Drumsticks.)
    2. If unable to reach a resolution informally, Client and Collision Drumsticks agree that all disputes will be submitted for Arbitration by Chartered Institution of Arbitration, to be completed in Durham, United Kingdom within a reasonable amount of time. Client and Collision Drumsticks agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
  24.  Applicable Law
    1. This Agreement shall be governed by and under control of the laws of England regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of England are to be applicable here.
  25. Amendments
    1. This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Collision Drumsticks, or a party authorized to sign on behalf of either party.
  26. THE Collision Backstage MEMBERSHIP OUTLINE ADDENDUM
    1. Client understands, acknowledges, and agrees he/she is purchasing a monthly subscription to Collision Backstage. While the below is subject to change, at the time of purchase, Collision Backstage includes access to the following:
      1. The Collision Backstage membership, including all content and resources that have been created since inception of the Membership.
      2. Monthly Success Kits, delivered on the 1st of each month containing trainings on various topics that have been deemed relevant to online business owners, with corresponding handouts, workbooks, or other materials;
      3. Group Mentoring Sessions twice a month lasting approximately one hour.
      4. Access to an exclusive Facebook community only for Collision Backstage members.
      5. Additional resources, guides, and services as created by Collision Drumsticks.
  27. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
  28. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
  29. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
  30. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
  31. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
  32. This agreement shall be governed by and construed in accordance with the laws of the UK, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the courts sitting in England. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
  33. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

 

 Last Updated: 2 AUG 2020

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