Contract Duration and Terms:
Our services are provided under a 6-month contract.
The initial 7 days of the contract serve as a mutual evaluation period. During this time, either party may terminate the agreement without any penalties.
Payment Terms:
Invoices are issued on a monthly basis and are payable in advance.
We accept payments exclusively via direct debit, credit card or ACH.
Refund and Cancellation Policy:
Due to the nature of our services and the upfront investment in resources for each client, we do not offer refunds once a payment has been processed.
Cancellations can be made within the first 7 days of the contract without any penalty. After this period, clients are committed to the full term of the 6-month contract.
Service Delivery:
Our services commence immediately upon the signing of the contract and the successful processing of the initial payment.
Clients will receive regular updates and reports as per the agreed terms in the contract.
Changes to Contract Terms:
Any changes to the terms of the contract must be agreed upon in writing by both parties.
Contact Information:
For any inquiries or concerns regarding our fulfilment policy, please contact us at team@sadecurry.com
Please note that this policy is subject to change at the discretion of Sade Curry Coaching and Waters Consulting LLC. Changes will be communicated to existing clients in a timely manner.
Terms and Conditions:
WATERS CONSULTING, LLC. TERMS AND CONDITIONS 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 Waters Consulting,
LLC digital or downloadable resources, membership, online course,
one-on-one or group coaching, class, program, workshop, or training, or enter
any online private forums such as Facebook groups operated by Waters
Consulting, LLC (for any purpose), whether on a website hosted by Waters
Consulting, LLC or a third-party website such as an online course platform or
facebook.com (collectively “the Program”).
If you do not agree with these TOU, you may not use the Program.
As used in these TOU, the term “Releasees” is defined to include the
following: (i) Waters Consulting, LLC, its subsidiaries, affiliated companies,
owners, members, managers, directors, officers, past and present employees,
agents, coaches, representatives, successors and assigns (collectively “the
Company”); (ii) any Company volunteers; and (iii) Sade Curry.
1. THE PROGRAM
As part of the Program, you will receive the services outlined on the web page
or email where you register.
If you wish to participate 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
children. Company hereby disclaims all liability for use by individuals under
the age of eighteen (18).
2. PAYMENT
You agree to the Program fees and payment schedule selected at checkout.
In order to enroll in the Healing & Dating After Divorce Academy Program, you
must complete an application and submit a three thousand dollar ($3,000.00)
fee. You agree that any registration information will be accurate, correct and
up to date. Applications will be evaluated by the Company, and the Company
reserves the right to deny entrance into the Program to any applicant that is
deemed unqualified for any reason, at the Company’s sole and absolute
discretion.
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).
If payment is not received when due, the Company reserves the right to
terminate your access to the Program and all Content, as defined below in
Paragraph 5, immediately and permanently.
If you fail to make any payment in a timely manner or voluntarily withdraw
from the Program at any time or for any reason, you will remain fully
responsible for the full cost of the Program.
You agree to reimburse the Company for all collection and/or legal fees and
expenses necessitated by lateness or default in payment.
3. REFUNDS
Because of the extensive time, effort, preparation and care that goes into
creating and providing the Program, we have a no refund policy. Unless
otherwise provided by law, you acknowledge that we will not offer refunds for
any portion of your Program payment and no refunds will be provided to you
at any time. However, if you are not accepted into the Healing & Dating After
Divorce Academy Program, the Company will refund the three thousand dollar
($3,000.00) fee. By using and/or purchasing our Program, you understand
and agree that all sales are final, and no refunds will be provided.
All licenses regarding the Content (defined below) provided under these TOU
will immediately terminate upon the Company’s granting of a refund if required
by law. You shall immediately cease using the Content and shall destroy all
copies of the information provided to you, including without limitation: video
recordings, audio recordings, forms, template documents, worksheets, slide
shows, membership areas, social media groups limited to Program
participants and other resources.
Company reserves the right, in its sole discretion, to determine how to
address a participant who violates these TOU. Therefore, if a participant
disagrees with how the Company addresses another participant and requests
a refund, the Company will deny such request.
Furthermore, if a participant violates these TOU, the Company reserves the
right, in its sole discretion, to offer the participant another opportunity to abide
by these TOU. If a participant disagrees with the Company offering another
participant a second opportunity to follow these TOU, no grounds for a
participant 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 Program without notice and without refund.
The Company may offer additional Program elements for a subgroup of
participants, as further discussed in Paragraph 7 of this TOU. The Company
reserves the right, in its sole discretion, to offer participation in these
additional Program elements to specific participants. If a participant is denied
participation in these additional Program elements, no grounds for a
participant 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 Program, 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.
4. 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 Program, 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-exclusive, 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 Program
and Content for your own personal purposes or your own business only.
You are granted access to the Program for the life of that Program only. This
means you will have access to the Program and Content, provided your
account is in good standing, for as long as the Company continues to host
and provide access to the Program and Content you have purchased.
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 Program 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 Program 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 Program or Content shall
constitute infringement.
You must receive our written permission before using any of the Program or
Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Program 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 terms or any express written license,
are reserved by us.
c. Unauthorized Use
Your use of any materials found in the Program or Content other than that
expressly authorized in these 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 Program 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 Program 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, nonexclusive,
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 Program 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 Program 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 Program or any third-party forum or website operated by the
Company, or anything captured by the Company during your participation in
the Program, 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 sending an email to sade@sadecurry.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 Program and Content.
5. COACH-CLIENT RELATIONSHIP
The coaching relationship is co-creative, meaning that the coaches and you
are equal partners in the coaching session.
a. Your Coaches’ Responsibilities
• Your coaches are trained to use communication skills and coaching tools to
support you as an equal partner throughout the coaching process.
• Your coaches will provide guidance to group participants based on
information provided to the coaches.
• Your coaches may answer questions through whatever forum your Program
provides, such as via the Company’s website, a social media forum, live
event, private message or live group coaching call.
b. Your Responsibilities
• You agree to complete all tasks assigned during the Program, including but
not limited to watching or listening to videos, completing worksheets and
assignments, and attending coaching sessions.
• You agree that your relationship with the Company is that of a coach-client
relationship and that no other professional relationship has been established.
• You agree that the coaching is not to be used as a substitute for professional
advice of any kind, including medical, mental or other qualified professional
help and you agree to seek professional guidance for such matters, should
they arise, independent of the coaching relationship.
6. YOUR CONDUCT
The Program is a “pitch free zone.” You agree you will not pitch, promote,
market, or sell any other products, groups, programs, or events to Program
participants on any Company website or third-party forums operated by the
Company, whether or not officially sanctioned, owned, or operated by the
Company. This means you agree not to form, or ask Program participants to
join, “shadow” groups on social media or any other platform, or in-person
meetups, based on interests or locality. You agree you will not invite Program
participants to participate in events, such as a meetup or seminar, without first
receiving approval from the Company. You agree not to market promote, or
sell products or services such as essential oils, exercise DVDs, nutritional
supplements, coaching services, or other products or services to Program
participants, unless you are authorized or requested to do so by the Company.
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, pornographic, sexually explicit or violent, 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 participants
• 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 participants 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 participants, with the public or with anyone who is not a
participant 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 Program 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 participants will treat one
another with respect while bringing encouragement and consideration to all
participants.
The Company’s community guidelines are as follows:
A. The Company’s Program promotes diversity amongst its participants.
Therefore, the Company encourages all participants to connect with one
another and to learn about one another’s background, interests, hobbies and
points of view. The Company does not tolerate nor support any participant’s
discriminatory speech, hate speech, comments, or actions against another
participant based on their sex, gender, age, ethnicity, race, socio-economic
status, disability, or other labels.
B. The Company does its best to create a safe and welcoming space for all
participants, however, Company cannot guarantee that all participants will
follow these guidelines. Company, in its sole discretion, may remove any
participant’s comments, posts, content or materials, however, Company does
not have a duty to review all comments, posts, content and material shared
within the Program. Therefore, Company shall not be held liable for any
participant’s comments, actions, posts, content or materials that result in
another participant’s trauma or discomfort.
C. The Company has created a safe space for all participants to feel seen,
respected and heard. Company encourages participants to engage in
respectful dialogue with one another. The Company does not support nor
tolerate any disrespectful actions or comments, which include, but are not
limited to hate speech, discriminatory comments, physical, or mental or
emotional abuse. Therefore, each participant must demonstrate respect
towards one another.
D. Participants must support each other with words of encouragement,
resources or suggestions, while respecting each participant’s boundaries.
E. The Company reserves the right to offer additional Program elements from
time to time, for any subgroup of participants. These additional Program
elements, if offered, are a bonus, not a part of the services included in the
base membership of the Program. The selection of the participants who may
participate in any additional Program elements is at the sole discretion of the
Company.
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.
Confidential information does not include information that:
(a) was in the Company’s possession prior to your participation in the
Program;
(b) is generally known to the public or in your circle of friends and family and
co-workers; or
(c) the Company may be required by law to disclose. You may use a screen
name or pseudonym instead of your actual name for your participation in
group coaching sessions and public posts on the Company website and in
third-party forums operated by the Company.
You agree that the Company shall not be liable for the disclosure of any of
your information by another Program participant. You agree to keep all
information you learn about other Program participants, 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 Program, 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 participant 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 Program and Content.
9. USERNAME AND PASSWORD
To access certain features of the Program, including any private membership
areas, you may need a username and password. It is your responsibility to
inform the Company before the Program start date if you do not receive an
email containing your password to access the Program. 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 Program 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
Program 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 Privacy Policy.
10. LIVE OR IN-PERSON EVENTS
If you participate in any live or in-person event as part of the Program, 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 Program. 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 Program. 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
Program 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 Program,
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 Program.
11. TERMINATION OR CANCELLATION
The Company reserves the right in its sole discretion to refuse or terminate
your access to the Program and Content, in full or in part, at any time without
notice. The Company may terminate your participation in the Program 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 Program or Content affected by such cancellation or termination. The
restrictions imposed on you in these TOU with respect to the Program and its
Content will still apply now and in the future, even after termination by you or
the Company.
If you would like to cancel or terminate your participation in the Program, you
must contact the Company via email at sade@sadecurry.com. You are only
entitled to a refund if required by law as laid out above. Any remaining,
default, or late payments will be due immediately. Upon cancellation or
termination your access to the Program and Content will be terminated
immediately.
12. PERSONAL RESPONSIBILITY, ASSUMPTION OF RISK,
RELEASE, DISCLAIMERS
a. You are voluntarily participating in the Program 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.
b. Your participation in the Program 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.
c. The Program and Content provide information and education only, and do
not provide any financial or legal services or advice. None of the Program 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 Program.
d. 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.
e. You acknowledge that, by engaging with the Company for the Program, 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 Program, 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 Program.
f. 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 Program. The Company cannot
and does not guarantee that you will achieve any particular result or earnings
from your use of the Program, and you understand that results and earnings
differ for each individual.
g. 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.
h. The Company is not responsible or liable for participants of the Program
infringing on another other participant’s intellectual property, content or
materials.
i. The Company tries to ensure that the availability and delivery of the
Program 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.
j. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR
THROUGH THE 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 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 AND ANY
PAGES HOSTING CONTENT, OR THE SERVERS THAT MAKE IT
AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
k. 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
PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR
THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE
THROUGH THE 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 Delaware without giving effect to its conflict of laws principles.
The state and federal court nearest to Wilmington, Delaware shall have
exclusive jurisdiction over any case or controversy arising from or relating to
the Program or Content, including but not limited to the Company’s Privacy
Policy or these TOU. By using the Program 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 Program from offices in the United
States. The Company does not represent that the Program materials are
appropriate or available for use in other locations. People who choose to
access the Program 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 Program 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 Program 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 Program 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 Program and shall propose revisions to the schedule for
completion of the Program or other accommodations or may terminate this
TOU.
18. GENERAL PROVISIONS
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.
The Company may change, modify or update these TOU at any time. Any
access or use of the Program or Content by you after the Company publicly
posts or distributes such changes shall constitute consent of such
modifications. If you have any questions or concerns about these TOU,
contact team@sadecurry.com.
Updated on 2/22/2024