Terms of Use

Please read these Terms and Conditions of Use (“TOU”) carefully.  You must agree to these TOU before you are permitted to use any Swanked, LLC dba Funnels With Felicia digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, or enter any online private forums or groups operated by Swanked, LLC dba Funnels With Felicia (for any purpose), whether on a website hosted by  Swanked, LLC dba Funnels With Felicia, or a third-party website such as an online course platform or facebook.com (collectively “the Product”). 

If you do not agree with these TOU, you may not use the Product.

As used in these TOU, the term “Releasees” is defined to include the following: (i)  Swanked, LLC dba Funnels With Felicia, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”); and (ii) any Company volunteers

1. Product License

By purchasing a template or any product from Funnels With Felicia, you are granted one revocable, worldwide, non-exclusive license to the product(s) you have purchased. This license is personal to you and cannot be shared with others, transferred, sold, or used for any commercial purposes other than by you for your own business.

Sharing our templates or products with industry colleagues, friends, or others is strictly prohibited. Violation of this policy by gifting or selling a copy of our template(s)/product(s) to anyone other than a client, or implying that anyone who gets access to our template/product(s) has the right to use it for his/her/its commercial purposes, constitutes a breach of these Terms of Use and will result in immediate revocation of your license to use the product(s). Moreover, we reserve the right to invoice you for the licenses you have gifted to others, at the full price of the product per unauthorized recipient.

If you know someone who would benefit from using our templates or products, we encourage you to become an affiliate. You can apply for an affiliate link [by clicking here](insert your affiliate program link here), which will allow you to share our products while respecting the boundaries of your license agreement and possibly earning a commission for every successful sale through your referral.

2. Members

If you wish to enroll in another session of the Program in the future or purchase any other products, programs, or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing.

This Program is intended and only suitable for individuals aged eighteen (18) and above. Some of the content in this Program may not be appropriate for individuals under the age of eighteen. The Company hereby disclaims all liability for use by individuals under the age of eighteen (18).

3. Payment 

You agree to the following fees and payment schedule:

Digital Products and Templates: You agree to pay in full immediately to access the deliverables for products and services unless otherwise stated on the product sales page. 

If paying by debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt.  You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

Grace Period: If payment is not received when due, the Company reserves the right to terminate your access to the Product and all Content, as defined below, immediately and permanently.  

If you fail to make any payment in a timely manner or voluntarily withdraw from the Product at any time or for any reason, you will remain fully responsible for the full cost of the Product and all payments in any payment plan you have chosen. The Company reserves the right to charge a late fee on all balances more than thirty (30) days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

4. Refunds

Due to the nature of our digital products and services, we do not offer refunds once a purchase has been made. However, your satisfaction is our priority. If, for any reason, you find that you are not satisfied with your purchase, please reach out to us at support@funnelswithfelicia.com within fourteen (14) days of your purchase.

While we cannot offer a refund, we are open to facilitating an exchange for a similar product of equal value. To initiate an exchange, share with us the reasons for your dissatisfaction and what product you are interested in exchanging it for. The exchange offer is at the sole discretion of Swanked, LLC, and we reserve the right to approve or deny any exchange requests based on the individual circumstances surrounding the purchase and the request.

Please note that any approved exchanges will lead to the revocation of your license to use the initially purchased product, and a new license will be granted for the exchanged product.

By making a purchase on this website, you acknowledge and agree to this refund and exchange policy and waive any rights to challenge it or initiate any chargebacks or disputes against Swanked, LLC with your payment provider.

Company reserves the right, in its sole discretion, to determine how to discipline a member who violates these TOU. Therefore, if a member disagrees with how the Company disciplines another member and requests a refund, the Company will deny such request.

Furthermore, if a member violates these TOU, the Company reserves the right, in its sole discretion, to offer the member another opportunity to abide by these TOU. If a member disagrees with the Company offering another member a second opportunity to follow these TOU, no grounds for a member to receive a refund would be created, and any request for a refund on this basis shall be denied.

If, in the Company’s sole right and discretion, you persist with behaviors or actions that violate these TOU, the Company may terminate your access and participation in the Product without notice and without refund. 

The Company may offer additional Program elements for a subgroup of members, as further discussed in Section 7 of this TOU. The Company reserves the right, in its sole discretion, to offer member participation in these additional Program elements to specific members. If a member is denied participation in these additional Program elements, no grounds for a member to receive a refund would be created and any request for a refund on this basis will be denied.

Since we have a clear and explicit refund policy in these TOU that you have agreed to prior to completing the purchase of the Product, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

5. Intellectual Property Rights

a. Ownership of the Content

The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Product, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.

b. The Company’s Limited License to You

If you view, purchase or access any Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

This means you may view, download, print, email and use one copy of individual pages of the Product and Content for your own personal purposes or your own business only. 

You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Product or Content for commercial purposes or in any way that earns you or any third-party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Product or Content for personal use you in no way assume any ownership rights of the Content – it is still Company property.  Any unauthorized use of any materials found in the Product or Content shall constitute infringement.  

You must receive our written permission before using any of the Product or Content for your own commercial use or before sharing with others. 

The trademarks and logos displayed on the Product or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.

All rights not expressly granted in these TOU or any express written license, are reserved by us.

c. Unauthorized Use

Your use of any materials found in the Product or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Product in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue.  This is not a penalty but an agreed liquidated damage charge for the Unauthorized Use.     

You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.

d. Your License to the Company; Use in Testimonials and Marketing. 

By posting or submitting any material during the Product such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials, and you are at least eighteen (18) years old. You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display your contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of the Company’s current or future Program and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.  

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Product that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time in the future.  

You also grant us, and anyone authorized by us, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Product or in our Content at any time for any reason. 

This means you give the Company permission to use anything you submit or post in the Product or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Product, including images in which your face is visible and recognizable.   

e. Request for Permission to Use the Content

If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by completing the “Contact” form on the website, or by sending an e-mail to support@funnelswithfelicia.com.

If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Product and Content.

6. Your Conduct

We encourage our members to promote and sell their products and services, as well as the products and services of others. Therefore, you may pitch, promote, market, or sell any other products, groups, programs, or events to Program members on any Company website or third-party forums operated by the Company no more than once a week in a specific channel or area on our website as determined by the Company, whether or not officially sanctioned, owned, or operated by the Company. 

However, in the event you pitch, promote, market, or sell more than once a week to Program members on any Company website or third-party forums operated by the Company, the Company reserves the right to terminate your access to the Product and all Content immediately and permanently without refund.

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public. 

You are responsible for Your Material and for any liability that may result from the material you post.  You participate, comment, and post material at your own risk.  Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others.  You agree to post comments or other material only one time. 

You are strictly forbidden from the following:

  • Harassing, fighting with, or being disrespectful to other members

• Causing damage to any Company website or third-party forums operated by the Company

• Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity

• Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software

• Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes

• Systematically or automatically collecting data from any Company website or third-party forums operated by the Company

  • Using any Company website or private membership forum or third-party forums operated by Company, to take pictures and/or screenshots of comments, posts, pictures, materials or any other content posted and/or shared by Company and/ or members without receiving their advance permission
  • Sharing any private and proprietary information, screen shots, comments, posts, pictures, materials or any other content posted and/or shared from other members,  with the public or with anyone who is not a member on or in any Company website, private membership or third-party forums operated by Company.

If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Product and your access to the Content without refund.  

The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

7. Community Guidelines

The Company has created a community that is a safe and judgment-free space for connection, conversation, learning, and growth. Within Company’s community is the baseline expectation that all members will treat one another with respect while bringing encouragement and consideration to all members. 

The Company’s community guidelines are as follows:

A. Promotion of Diversity: The Company cherishes the rich diversity of its members and encourages understanding and respectful discussion encompassing different backgrounds, interests, and perspectives. Discrimination or hate speech, in any form, is strictly prohibited.

B. Safe and Welcoming Environment: Although the Company strives to maintain a safe space, it cannot scrutinize all shared content continuously. Members are encouraged to adhere to these guidelines voluntarily, fostering a welcoming environment for all. The Company retains the right but not the obligation, to review and remove content violating these norms, without being held accountable for any adverse outcomes arising from such content.

C. Respect and Courtesy: Members are urged to exhibit respect and courtesy in all interactions, avoiding behaviors such as hate speech, discrimination, and any form of abuse. Engaging in healthy and respectful dialogue is fundamental to the community spirit envisaged by the Company.

D. Active and Engaged Participation: Members are encouraged to actively engage in discussions, stepping out of their comfort zones to foster deep connections and understanding. Persistent inactivity may lead to termination of access to the Product and associated Content, following a warning process facilitated through support@funnelswithfelicia.com. Reapplication is permissible at the prevailing rates.

E. Encouragement and Support: Members should strive to uplift each other, offering words of encouragement, resources, or suggestions while respecting individual boundaries and personal space.

F. Responsible Promotion: While members can promote and share their products and services, it should adhere to the predetermined conditions such as in our weekly forum to maintain a harmonious and non-disruptive environment.

G. Discretionary Additional Program Elements: The Company may, at its discretion, introduce additional elements to enhance the Product experience for subsets of members. Participation in these elements is not an entitlement but a privilege accorded by the Company.

Members are encouraged to remember the real individuals behind every screen, communicating with empathy and understanding, and reporting any violations instead of retaliating. A spirit of open-mindedness and a readiness to learn and grow together will help in building a vibrant, safe, and inclusive community space.

H. Compliance with Additional Rules: Members agree to comply with any additional rules that may be introduced regarding conduct within online forums associated with the Company, acknowledging that such rules are an integral part of these TOU.

By adhering to these community guidelines, members help in nurturing a space where everyone feels safe, respected, and valued, enabling a rich and vibrant community experience for all.

We may also post separate rules regarding your behavior in any online community or forum, whether hosted on the Company’s website or a third-party website, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these TOU.

8. Confidentiality

Company is not legally bound to keep your information confidential. Nevertheless, the Company agrees to keep all information about your membership confidential except when disclosure is required by law, for example if a court issues a subpoena for the file or information, or if you threaten to harm yourself or others. You acknowledge that your communications with the Company are not covered by any doctor-patient privilege or other privilege.

Confidential information does not include information that:

  1. was in the Company’s possession prior to your participation in the Product;
  2. is generally known to the public or in your circle of friends and family and co-workers; or
  3. the Company may be required by law to disclose.  

You agree that the Company shall not be liable for the disclosure of any of your information by another Program member. You agree to keep all information you learn about other Program members, their businesses (including their intellectual property), or clients (as applicable), strictly confidential except in very rare circumstances where disclosure is required by law.

The Company may record coaching calls and share them in the Product, on the Company’s website, or on third-party forums operated by the Company. 

You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website, or any third-party forums operated by the Company. If the Company discovers you have done so, this will be grounds for immediate termination of your access to the Product and Content.

9. Username and Password

To access certain features of the Product, including any private membership areas, you may need a username and password. It is your responsibility to inform the Company before the Product start date if you do not receive an email containing your password to access the Product. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Product to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Product or any Content, in whole or part, without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.

10. Live or In-Person Events 

If you participate in any live or in-person event as part of the Product, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely participate in the Product. You agree to exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws while participating in the Product. This includes, generally, respect for other people, equipment, facilities or property. The Company may dismiss you, without refund, if your behavior endangers the safety of or negatively affects the Product or any person, facility or property. 

You consent to medical care and transportation in order to obtain treatment in the event of injury to you as Company, volunteers or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.

If you choose to consume alcoholic beverages during any part of the Product, you must do so responsibly and only if you are over the age of twenty-one (21).

The Company is not responsible for any personal item or property that is lost, damaged or stolen at or during the Product.

11. Termination or Cancellation

The Company reserves the right in its sole discretion to refuse or terminate your access to the Product and Content, in full or in part, at any time without notice. The Company may terminate your participation in the Product at any time, without refund, if you breach any part of these TOU. In the event of cancellation or termination, you are no longer authorized to access the part of the Product or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Product and its Content will still apply now and in the future, even after termination by you or the Company.

In the event you decide to cancel, any remaining, default, or late payments will be due immediately.

12. Personal Responsibility, Assumption of Risk, Release, Disclaimers

  1. You are voluntarily participating in the Product and assume all risk of injury, illness, damage, or loss to you or your property that might result, whether arising out of the negligence of Releasees or otherwise.
  2. Your participation in the Product does not establish a business advisor-client relationship of any kind between you, the Company, or anyone providing membership services on behalf of the Company.  
  3. The Program and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. None of the Product or Content prevents, cures or treats any mental or medical condition.  The Program and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional.  You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Product.
  4. You agree that you will not use coaching as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.
  5. You acknowledge that, by engaging with the Company for the Product, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Product, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.

In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Product.

  1. Earnings and Results Disclaimer:  You agree that Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Product. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Product, and you understand that results and earnings differ for each individual.
  2. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
  3. The Company is not responsible or liable for members of the Product infringing on another other member’s intellectual property, content or materials.
  4. The Company tries to ensure that the availability and delivery of the Product and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
  5. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE MEMBERSHIP PROGRAM AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE MEMBERSHIP PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  6. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MEMBERSHIP PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE MEMBERSHIP PROGRAM.

13. Security 

You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties

not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk. 

14. Legal Disputes

These TOU shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to its conflict of laws principles. The state and federal court nearest to Austin, Texas shall have exclusive jurisdiction over any case or controversy arising from or relating to the Product or Content, including but not limited to the Company’s Privacy Policy or these TOU. By using the Product or Content, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens. The prevailing party in any dispute between the parties arising out of or related to these TOU, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

15. Users Outside United States

The Company controls and operates the Product from offices in the United States. The Company does not represent that materials on the Product are appropriate or available for use in other locations. People who choose to access the Product from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

16. Indemnification

You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Product or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Product or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

17. Force Majeure 

The Company shall not be deemed in breach of this TOU if the Company is unable to complete or provide all of the Product or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to Client of its inability to perform or of delay in completing or providing the Product and shall propose revisions to the schedule for completion of the Product or other accommodations or may terminate this TOU.

18. General Provisions.

The Company may modify the terms of this TOU at any time. All modifications shall be posted on the Company’s website and members shall be notified when accessing the Product. If any provision of this TOU is held invalid or unenforceable, the remainder of this TOU will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. 

This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This TOU supersedes all prior written and oral representations.

By clicking on the box when signing up for the Product, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document.  If you do not agree with these TOU, do not purchase or use the Product or Content.

Updated on September 18, 2023

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