Terms of Use
1. Terms
By accessing this School, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this School are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of any downloadable materials on the School’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the School’s web site;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or 'mirror' the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on the School’s website are provided 'as is'. The School makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the School does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall the School be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the School’s website, even if the School or an authorized of the School has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on the School’s website may include technical, typographical, or photographic errors. The School does not warrant that any of the materials on its web site are accurate, complete, or current. The School may make changes to the materials contained on its web site at any time without notice. The School does not, however, make any commitment to update the materials.
6. Links
The School has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the School of the site. Use of any such linked website is at the user's own risk.
7. Site Terms of Use Modifications
The School may revise these Terms of Use for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these Terms of Use.
8. Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.
Haus of Dimitri
ONLINE COURSE LICENSING AGREEMENT
This License Agreement (the "Agreement") is between Haus Of Dimitri and any User (individually and collectively, "You" or "Your") of page Haus Of Dimitri eCourses, etc.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OR CONTINUING TO USE Haus Of Dimitri eCOURSES, etc. BY USING ANY PORTION OF COMPANY’S eCOURSE. Etc, YOU ARE SIGNIFYING YOUR ASSENT TO THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, THEN YOU MUST NOT USE OR PURCHASE COMPANY’S eCOURSE, etc. The effective date of this Agreement is the date that You first accessed, viewed, or used any portion of Company’s eCourse. You agree as follows:
1. DEFINITIONS. “Company Website” shall mean the internet site owned by Company, and all subpages. "eCourse" shall mean the online or eLearning training course, etc that Company is making available to You, including but not limited to any related explanatory written materials; training materials; quizzes and exams; user guides; audio and visual portions of the eCourse; and modified versions, updates, additions, derivative works, and copies of any portion of the eCourse. “Intellectual Property Rights” means any (i) rights associated with works of authorship, including copyrights, moral rights, neighboring rights, and derivative works, (ii) trademark, service marks, and trade name rights, (iii) trade secret rights, (iv) patents, design rights, and industrial property rights, and (v) all other intellectual property rights (of every kinds and nature however designated) whether arising by operation of law, treaty, contract, license, or otherwise, together with all registrations, renewals, extensions, continuations, divisions and reissues thereof. “User” shall mean any person that accesses or uses any portion of the eCourse.
2. LICENSE. In accordance with the terms herein, Company grants to You, and You accept from Company, a non-exclusive and non-transferable license (the "License") to use the current version of eCourse solely through the Company’s Website or Company designated location. You agree to use and access the eCourse solely for Your own personal educational purposes. You have no implied rights to the License of eCourse.
2.1 Restrictions On Use. Except as is otherwise expressly permitted in this Agreement, the use of the eCourse and all content provided on this site is restricted so no one may do any of the following or aid anyone in such endeavor: (a) Sublicense, sell, lease, or rent the eCourse/content; (b) Decompile, disassemble, reverse engineer or attempt to derive the source code from or structure of the eCourse/content; (c) Create a derivative work that is based on any portion of the eCourse/content; (d) Rewrite any portion of the eCourse or use any portion of the eCourse/content in connection with creating any work that is similar in function, content or appearance to any portion of the eCourse; (e) Remove any proprietary notice from the eCourse; (f) Copy, reproduce, distribute, or in any way duplicate all or any part of the eCourse; (g) export or re-export the eCourse or any portion thereof in violation of the export control laws or regulations of the United States; (h) engage in, facilitate, or further any unlawful conduct; (i) damage, disable, overburden, or impair any Company Website (or the networks connected to any Company Website) or interfere with anyone else's ability to access or use the eCourse; (j) disrupt, or try to gain unauthorized access to: any computer, hardware, or network related to the eCourse or the Company Website; (k) violate Company’s “privacy policy”; (l) violate Company’s “terms of use”; and/or (m) Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots
Haus Of Dimitri
COMPANY’s corrupted files, or any other similar software or programs that may damage the operation of the eCourse or any other User’s computer or hardware.
3. NON-TRANSFERABLE. This Agreement and the License may not be transferred, or assigned without the prior written consent of Company.
4. TERMINATION. Company may terminate this Agreement immediately in the event You commit any breach of this Agreement.
5. TITLE TO eCOURSE. The eCourse, including all Intellectual Property to any portion of it, is owned solely and exclusively by Company and its licensors, if any. You agree to secure and protect the eCourse in a manner consistent with the maintenance of Company’s rights therein. All copies of the eCourse and other programs developed hereunder, including translations, compilations, partial copies with modifications and updated works, are the sole and exclusive property of Company (but please note that You are not authorized to make any copies or derivative works or engage in any of the acts set forth in Section 2.1 "Restrictions on Use").
6. WARRANTY DISCLAIMER. COMPANY PROVIDES THE eCOURSE AND ANY RELATED SERVICES "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." COMPANY DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE COMPANY WEBSITE OR THE eCOURSE. COMPANY GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS UNDER OR IN RELATION TO THE eCOURSE AND ANY RELATED SERVICES, THIS AGREEMENT OR ITS SUBJECT MATTER. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. COMPANY EXCLUDES ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT.
7. LIMITATION OF LIABILITY. To the maximum extent permitted by law, Company and the Affiliated Parties shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the eCourse or the Company Website or any services or products obtainable therefrom, (ii) the unavailability or interruption of the eCourse or any features thereof, (iii) your use of the eCourse and the Company Website, (iv) the negligence, gross negligence, or recklessness of Company or the Affiliated Parties, and (v) the content contained on the eCourse and/or Company Website. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL COMPANY OR THE AFFILIATED PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, REMOTE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR CORRUPTION OR LOSS OF DATA, PROBLEMS ASSOCIATED WITH ANY APPLICATIONS USED IN CONJUNCTION WITH THE eCOURSE, LOSS OF THE USE OF THE eCOURSE, OR COST OF SUBSTITUTE GOODS, FACILITIES, OR SERVICES, OR OTHER PECUNIARY LOSS ARISING OUT OF OR RELATED TO THIS AGREEMENT) WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN, EVEN IF COMPANY OR THE AFFILIATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. INDEMNIFICATION. You agree to indemnify, defend and hold Haus Of Dimitri, its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information or works, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Haus Of Dimitri Website.
9. ENTIRE AGREEMENT. This Agreement shall constitute the exclusive terms and conditions with respect to the use and licensing of the eCourse and any related provision of services under this Agreement. This Agreement contains the final, complete and exclusive statement of the agreement between the parties with respect to the transactions contemplated herein and all prior written agreements and all prior and contemporaneous oral agreements with respect to the subject matter herein are merged herein. This Agreement may not be amended, supplemented or modified (or any right or power granted hereunder waived) except by written instrument signed by authorized officers of the parties hereto (or in the case of a waiver, signed by the party to be bound), which instrument makes specific reference to this Agreement. This Agreement does not modify, terminate or replace any signed written agreement that you may have for a license to the eCourse or a similar work unless both parties agree in writing for this Agreement to control.
10. HOW WE MAY CHANGE THE CONTRACT. Haus Of Dimitri may, from time to time, change this Agreement, which shall be applicable from the date that you first accessed or used any portion of the eCourse after the effective date of the amended agreement. You should regularly check this webpage to determine when this Agreement was last modified. This Agreement was last changed on 11/20/2017. Your continued use of the eCourse will be deemed acceptance of and agreement to the new or amended contract.
11. JURISDICTION. Any action at law, suit in equity or other proceeding against any party to this Agreement or any person or entity that access or used the eCourse with respect to any term or provision of this Agreement, in connection with any of the transactions contemplated by this Agreement, and/or in connection with the use of the eCourse shall be brought and maintained in the state or federal courts of Lawrence, Kansas USA with each such party, user or assessor hereby submitting, to the fullest extent permitted by applicable law, to the exclusive jurisdiction of such courts for the purpose of any such action or proceeding. The foregoing provisions of this subsection shall not be construed to limit the right of any Party hereto to serve any such writ, process or summons in any manner permitted by applicable law. Each party and person covered by this section (such term includes entities) further agrees that a final judgment or order in any such action, suit or proceeding may be enforced against such Party in any other jurisdiction by suit on such judgment or order or in such other manner as may be permitted by applicable law. EACH PARTY HERETO IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH SUCH PERSON NOW OR HEREAFTER MAY HAVE TO VENUE OF ANY SUCH ACTION, SUIT OR PROCEEDING BROUGHT OR MAINTAINED IN EITHER THE FEDERAL DISTRICT COURT, DISTRICT COURT, OR THE STATE COURTS OF KANSAS. The prevailing party in any litigation arising out of or relating to this Agreement shall be entitled to any award of its reasonable attorneys' fees, expert witness fees, expenses and costs of suit, such fees, expenses and costs to be determined by a court and not a jury. IF YOU ARE A GOVERNMENT ENTITY OR AGENCY OR ANY OTHER TYPE OF SOVEREIGN, INCLUDING BY WAY OF ILLUSTRATION AND NOT LIMITATION A FEDERAL, STATE, OR LOCAL AGENCY, AN AGENCY OF A NON-U.S. GOVERNMENT, OR ANY AGENCY OR ENTITY OWNED OR CONTROLLED BY ANY INDIAN TRIBE, THEN YOU HEREBY AGREE TO WAIVE ANY FORM OF IMMUNITY.
12. GENERAL. This Agreement shall be governed by and construed in accordance with the substantive laws of the State of KANSAS USA without regard to choice of law provisions, except that the United Nations Convention on the International Sale of Goods shall not apply. If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions. Failure or delay on the part of any party to exercise any right, remedy, power or privilege hereunder will not operate as a waiver. Sections 2.1, 3, 5, 6, 7, 8, and 11 shall survive the termination or expiration of this Agreement.
MEMBERSHIP TERMS OF USE
WEBSITE MEMBERSHIP POLICIES
All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and other applicable law. You agree that by using this Site, you are at least 18 years of age, or visiting under the supervision of a parent or guardian, and legally able to enter into a contract.
1. General
COMPANY (“Company”, “we”, or “us”) is the owner and operator of this website, www.hausofdimitri.teachable.com, (the “Site”). By accessing the Site, you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to services available through the Site or from the Company.
Please read these Terms of Use carefully to understand our terms regarding your use of the site and services offered by COMPANY. If you do not agree with our terms, your choice is not to use our Website. By accessing or using this Website, you agree to the Terms of Use.
It is your responsibility to review these Terms of Use periodically. We may revise these Terms of Use at any time without notice to you. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the terms periodically for updates.
These terms of use are effective as of DATE.
2. Intellectual Property Rights
This Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
● Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
● You may store files that are automatically cached by your Web browser for display enhancement purposes.
● You may download one copy of a reasonable number of pages of the Website for your own personal, non- commercial use and not for further reproduction, publication or distribution.
● If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You do not have the right to delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website or materials available through the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
3. User Contributions
The Website may contain testimonials, profiles, forums, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By submitting or posting any materials or content on the Site, you grant us a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. The Company will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you. You represent and warrant that:
● You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.
● All of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
4. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
● Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
● Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
● Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
● Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
● Be likely to deceive any person.
● Promote any illegal activity, or advocate, promote or assist any unlawful act.
● Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
● Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
● Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
● Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Please note that we do not review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
5. Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to or from this Website, you do so entirely at your own risk and are subject to the terms and conditions of use for such websites.
6. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
● For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
● To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
● To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
● To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
● Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
● Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
● Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
● Use any device, software or routine that interferes with the proper working of the Website.
● Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
● Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
● Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
● Otherwise attempt to interfere with the proper working of the Website.
7. Monitoring and Enforcement
We have the right to:
● Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
● Take any action with respect to any User Contribution that we deem necessary or appropriate at our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
● Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
● Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
● Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
8. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
9. Copyright Infringement; Notice and Take Down Procedures
The Company specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. The Company will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following email address: EMAIL.
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
● Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
● Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
● Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
● Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
● A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
● A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up- to- date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
11. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
12. Geographic Restrictions
The owner of the Website is based in the state of STATE in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
13. Order Acceptance You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Company and you will not take place unless and until you have received your order confirmation email.
14. Prices and Payment Terms
All prices posted on this Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are at our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such payment for the purchase, (iii) charges incurred by you will be honored by your payment institution, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
15. Shipments; Delivery; Title and Risk of Loss
Add your shipping policies.
16. Final Sale; Returns; Exchanges
Add final sale, return, and exchange policies.
17. Memberships
COMPANY NAME offers an automatic membership (“Membership”) that provides DESCRIBE FEATURES OF MEMBERSHIP. You will automatically be billed PRICE (“Membership Rate”) on the DATE of the month.
AUTOMATIC RENEWAL TERMS
With respect to our memberships that are subject to automatic renewal, you agree that we may submit periodic charges (e.g. every month) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. You agree that such notice will not affect charges submitted before we reasonably could act. By purchasing a Membership, you agree and acknowledge that your membership has an initial and recurring payment charge at the membership rate and you accept responsibility for all recurring charges prior to cancellation. Your Membership will be automatically renewed for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current membership rate until you cancel your Membership renewal. You understand that failure to cancel according to the cancellation policies below will result in the nonrefundable renewal of your membership.
CHANGE AND CANCELLATION POLICY FOR MEMBERSHIPS
All cancellations, payment method changes, and address changes must be made by the DATE day of the month to be effective for that month. For example, June DATE to cancel the July membership.
If you cancel your membership, your membership remains valid for the remainder of the current month. No refunds will be given for unused memberships. Any non-renewal or cancellation of your membership will result in immediate removal of your membership access.
To change or cancel your membership, you may log on to your account and follow the cancellation procedures there, or (ii) send us a message at EMAIL and we will do it for you.
18. Services Not for Resale
You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Site for your own use only, and not for resale.
19. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
20. Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE AVAILABLE "AS IS." COMPANY DOES NOT WARRANT THAT THE SITE OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION, OR OTHER MATERIALS AVAILABLE THROUGH THE SITE OR ANY CONTENT.
WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE SITE, ANY CONTENT OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SITE, THE APP, THE SERVICES, ANY BETA FEATURES OR ANY CONTENT. WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SITE OR ANY CONTENT, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SITE OR ANY CONTENT; RATHER THAN RELYING ON THIS INFORMATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN THE SITE, CONTENT, OR AVAILABLE THROUGH LINKS IN THE FOREGOING. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE OR CONTENT. WE DO NOT GUARANTEE OR WARRANT THAT THE SITE, CONTENT, OR MATERIALS THAT MAY BE DOWNLOADED FROM THE FOREGOING DO NOT CONTAIN VIRUSES, WORMS, "TROJAN HORSES," OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AND COMPLIMENTARY SHIPPING FEES, AT OUR SOLE DISCRETION. NO PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH
21. Limitation on Liability
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, COMPANY NAME , its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors: (I) SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE OR ANY CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE FOREGOING DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF ANY PRODUCT PURCHASED HEREIN. YOU AGREE AND ACKNOWLEDGE THAT ANY PRODUCT PURCHASED SHOULD BE USED AT YOUR OWN RISK AND YOU SHOULD ASSESS THE RISKS INDIVIDUAL TO YOU AND YOUR HEALTH BEFORE PURCHASING ANY PRODUCT OR USING ANY PRODUCT. YOU AGREE THAT IN THE EVENT THAT COMPANY IS DEEMED LIABLE FOR ANY HARM CAUSED, THE AMOUNT WHICH IT SHALL BE LIABLE TO YOU SHALL BE LIMITED TO THE COST OF THE PRODUCT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
22. Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
23. Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of STATE without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of STATE.
You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
24. Arbitration
At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non- performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying STATE law.
25. Successors and Assigns
This agreement shall inure to the benefit of and be binding upon the User and their respective heirs, legal personal representatives, successors and assigns.
26. Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
27. Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
28. Your Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to EMAIL.
WEBSITE PRIVACY POLICY
Your privacy is very important to us. Our Privacy Policy spells out our commitment to respecting the privacy of the members and visitors to our site. We are very careful with what we do with your information.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. This website, www.hausofdimitri.teachable.com, is owned and operated by COMPANY (sometimes referred to as “COMPANY,” “we” or “us”). By accessing or using this Site, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
This Privacy Policy describes how we collect and use the personal information you provide to us on our website, www.hausofdimitri.teachable.com. It also applies to information we collect on this Website, as well as in email, text, and other electronic messages between you and this Website. It does not apply to information collected by us offline or through any other means, including on any other website operated by Company or any third party.
1. Collection and Use of Personal Information
We collect personal information from you to provide an efficient, meaningful and customized experience for you on our website. To process your orders, we collect the following personal information from you:
· Contact Information such as name, email address, mailing address and phone number
· Billing Information such as credit card number and billing address
· Preferences Information such as order history and email marketing preferences
As is true of most websites, we automatically gather information about your computer such as your IP address, time and date of visit, browser type, referring/exit pages and operating system. We may log this information for system administration, order verification, internal marketing and system troubleshooting purposes.
We use this information:
• To present our Website and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we offer or provide through it.
To review and update your personal information to ensure it is accurate, contact us at EMAIL.
2. Mobile Services
We may also collect non-personal information from your mobile device if you access the Site from your phone. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the mobile site, and information about the type of device you use. This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.
3. Information Sharing
We will share your personal information with third parties only in the ways that are described in this privacy statement. We do not sell your personal information to third parties, and we do not authorize the collection of our members' or visitors' personally identifiable information by any third parties for the third parties' use.
We may also disclose your personal information:
• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business [and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them].
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred.
• To fulfill the purpose for which you provide it. [For example, if you give us an email address to use an "email a friend" feature, we will transmit the contents of that email and your email address to the recipients.]
• For any other purpose disclosed by us when you provide the information.
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others. [This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.]
4. Cookies and Other Tracking Technologies
Cookies are small text files of information stored by the Internet browser on your computer's hard drive. For example, we may use cookies to collect browsing data to keep track of your preferences and profile information and to collect general usage and volume statistical information. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you direct your browser to our Website.
5. Email Communications
We may use your email to deliver our daily newsletter, as well as for other promotional (e.g., new product offerings, special offers by us or other third parties) purposes. Email messages we send you may contain code that enables our database to track your usage of the emails we send you, such usage includes whether the email was opened and what links (if any) were clicked. If you send an email to us, we will collect your email address and the full content of your email, including attached files, and other information you provide. You may indicate your preference to opt out of receiving promotional communications by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly at EMAIL. You acknowledge that it may take up to 10 days for us to process an opt-out request.
Please note, however, that you cannot opt out of receiving transactional emails related to your account with us.
6. Security
The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
7. A Note About Children
We do not intentionally gather personal information from visitors who are under the age of 13. If a child under 13 submits personal information to us and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at EMAIL.
8. Notification of Privacy Statement Changes
We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes, we will notify you by email (sent to the email address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this policy for the latest information on our privacy practices.
9. A Note to Users Outside of the United States
If you are a non-U.S. user of the Site, by visiting the Site and providing us with data, you acknowledge and agree that your personal information may be processed for the purposes identified in the Privacy Policy. In addition, your personal information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. By providing your data, you consent to such transfer.
10. Contact Information
You can contact us about this Privacy Policy by emailing us at [email protected]