Terms and Conditions
Last Updated on 4/14/2020
ACCESSING OUR SITE
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable, and non-exclusive license to access and use our Site only for the purpose of learning about and purchasing our materials. You may not make any other use of our Site or use our Site on behalf of any third party, except as explicitly permitted by us in advance. You may not distribute and/or reproduce our materials in any other form for any other purposes without the explicit written permission from us.
Identifying information, including without limitation, e-mail addresses and names may be used to verify your identity should you need to access our Site and/or related sites. By using our Site you agree that this method and form, or other methods and forms, of authentication are acceptable to you.
Any downloads (purchased or otherwise) from our Site or any related sites or hosting systems are done at the user’s own risk. No warranty is given that downloads or sites are free of corrupting computer code, viruses, and/or worms. Any information provided may need to be downloaded using third party software and it is the user’s responsibility to obtain, install, and maintain any such software. We are not liable for any damages, injury losses arising from such downloads and maintenance.
Subject to the terms and conditions of this Agreement, and upon purchase of our Materials, we hereby grant you a limited, revocable, non-transferable, and non-exclusive license to access and use the purchased Materials for the personally benefiting purposes discussed therein. You may not make any other use of our Materials, including commercial uses, or use our Materials on behalf of any third party, except as explicitly permitted by us in advance.
Subject to the license provided above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, or otherwise exploit our Materials or any portion of them unless expressly permitted by us in writing.
In using our Materials, it remains your responsibility to comply with any and all applicable local, state, and federal codes, regulations, and laws regarding building standards, inspection requirements, permitting requirements, public safety standards, and other relevant concerns. This includes any applicable Homeowners Association rules and/or Homeowners Insurance guidelines. You should contact professionals and/or experts for assistance and/or advice as is necessary to safely and properly complete any implementation of the methods and systems described in the Materials. You are responsible for your actions, and agree to indemnify, without limitation, and/or hold harmless for any loss, injury, death, claim (whether valid or invalid), judgment, suit, proceeding, damages, costs and/or expenses of any nature whatsoever arising from any action taken by you when using or misusing information in the Materials.
All products from DarnleyJR.com or its related companies and affiliates are strictly for informational and entertainment purposes only. There is no assurance that examples of past earnings can be duplicated in the future. We cannot guarantee your future results and/or success. There are some unknown risks in business and on the internet that we cannot foresee which can reduce results. We are not responsible for your actions. The use of our information, products and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products and services.
Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Program. Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials.
You may have been directed to our Site by virtue of an Affiliate. Affiliates are independent contractors. Affiliates are not our employees or agents. We do not accept any liability for the statements that Affiliates make concerning our Site and our Materials. You are advised to read Affiliate statements closely to ensure that the Affiliate’s statement fairly and accurately represents our Site and our Materials.
LINKS TO THIRD PARTY SITES
Our Site may contain links to other sites that are not owned or operated by us “ (Your website)”. You agree that DarnleyJR.com is not responsible for these Third Party Sites, inclusive of problems related to their operation or content.
All text, graphics, photographs, icons, buttons, audio, video, and software (collectively “Content”) of the Site and the Materials belongs to DarnleyJR.com. In addition to protection of each copyrighted work comprising our Content and Materials, the various collections and arrangements of all such Content and Materials are protected as compilations under international copyright laws. Except as provided in the license above, you may not use our Content without our express written permission.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights here-under.
LIMITATION OF LIABILITY.
Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks,foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
Client may not assign this Agreement without express written consent of Company.
Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
If you have any questions regarding this policy, or your dealings with our website, please contact us at firstname.lastname@example.org
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