WEBSITE TERMS AND CONDITIONS OF USE
(updated April 20, 2018)
This site and related services and products are provided subject to your compliance with the terms and conditions set forth below. Please read the following information carefully. Your continued use of this site will indicate your to be bound by the terms and conditions set forth below. If you do not agree to be bound by the terms and conditions, promptly exit this site.
1. Restrictions on Use
All pages within this Website and any material made available for download (including without limitation, information contained on videos and /or Webinars, message boards, comments, on coaching calls, in emails, in text files, or in chats) (collectively the “Site”) are the property of Company (“Company”) and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Company. This Site is for your own personal use and/or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Company.
2. Policy on Copyrighted Materials
a. a. Introduction
West Creative, LLC (“Company”) continually invests significant resources to create software, text, and/or other materials. The majority of these materials are protected under copyright laws of the United States and of other countries worldwide. To protect its investment, the Company diligently guards against infringement of its copyrighted materials. This policy outlines certain conduct that violates the Company’s copyrights. This policy is subject to change at any time and without notice.
a. b. Copyright
Copyright protects original works of authorship fixed in a tangible medium of expression. Copyright infringement occurs when any one or more of the following rights is violated: (1) reproduction; (2) adaptation; (3) distribution to the public; (4) performance in public; or (5) display in public. Copyright infringement issues can also arise when a new work or a modification of an existing work, known as a derivative work, is created from a copyrighted work. A derivative work is based upon a pre-existing work in which the pre-existing work is changed, condensed, recast, transformed, adapted, or embellished. If the pre-existing or underlying work is a protected work under copyright law, one who wishes to exploit the derivative work must obtain a license from the owner of the copyright in the underlying work or works. Thus, modification of the Company’s copyrighted materials without explicit permission (ie. prior written consent in each instance) for commercial use constitutes infringement. Except with prior written permission from the Company, you may not make any unauthorized reproduction or engage in distribution of the Company’s copyrighted materials, which include, but are not limited to, materials such as books, publications, computer software (including object code and source code), online curricula, Webinars, Web content, diagrams, photos, testing materials, exams, text, images, and graphics published by the Company in any format. It is Company policy to enforce its copyrights against any third party who infringes on its copyright. To ensure that you do not infringe on any of the Company’s copyrighted materials:
i. Do not directly or indirectly copy, reproduce, or distribute any of the Company’s materials (including Web pages) or any part of the text or graphics from those materials.
ii. Do not directly or indirectly modify or create derivative works of any of the Company’s materials.
iii. Do not copy, reproduce, or modify source code or object code of any of the Company’s products.
iv. Do not create an emulator or simulator of a Company product in a manner that is likely to confuse the public about the source of the emulator or simulator.
v. Do not create materials that look as though they originated from or are endorsed by the Company.
vi. Do not imitate the color or visual appearance of the Company’s materials and/or products.
vii. Do not use the Company’s icons as graphical design elements in your materials.
viii. Do not distribute the Company’s work by sale, rental, or other disposition.
a. c. Copyright Permission Requests
To request permission to use the Company’s copyrighted material, please e-mail your inquiry to the Company at: firstname.lastname@example.org
a. d. Trademark Notice
_________________ are the logos, trademarks, and service marks of Company. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.
a. e. Disclaimer
This policy on copyrighted materials is not intended to serve as legal advice. Should you have questions regarding your legal rights or duties, please consult your own attorney. Should you have further questions regarding the Company’s policy for its copyrighted materials, please contact West Creative, LLC at: email@example.com
a. Warranty Disclaimer
This site, including any content or information contained within it or any site-related service, is provided “as is,” with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. You assume total responsibility and risk for your use of this site, site-related services, and hyperlinked websites.
Company, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the site, site-related services, content or information contained within the site, and/or any hyperlinked website. Your sole remedy for dissatisfaction with the site, site-related services, and/or hyperlinked websites is to stop using the site and/or those services.
Although Company attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Company so that it can be corrected. Information contained on the Site may be changed or updated without notice.
b. Disclaimer – Currentness of Information
The information published on this Site was valid at the time of publication. Company reserves the right to make changes and improvements at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies including, without limitation, out of date information and/or representations. Without limiting the generality of the foregoing (i) where specific results and/or income figures are attributed to an individual or a business, there is no assurance that you will have the same or similar results; and (ii) although representations regarding results are believed to be accurate at the time it was recorded or created, such results change over time and may be outdated.
c. Disclaimer – Site use Subject to Guidelines
We have set up some ground rules to ensure that we can keep this Site useful, fun, and safe for everyone. Company reserves the right to change these guidelines and disclaimers at any time, and you agree that each visit you make to the Company Site shall be subject to the current guidelines.
d. Disclaimer – Of Liability
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Company is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and Company reserves the right to remove such materials from the Company Site without liability.
e. Disclaimer—Site Content Copyrighted
The contents of the Company Site pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by Company and contain Company’s name, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring Company services or products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to you to use Company icons, site address, or other means to hyperlink other Internet sites with any page in the Company Site, and Company assumes no responsibility for any other party’s site hyperlinked to the Company Site or in which any part of the Company Site has been hyperlinked.
f. Disclaimer—No Responsibility for Links
The Company Site may contain links to and frames of sites which are not maintained by Company While we try to include only links to or frames of those sites which are in good taste and safe for our visitors, we are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links and frames in the Company Site does not imply Company’s endorsement of the linked or framed sites or their content.
g. Disclaimer—Use of e-mail
By sending us a message in the e-mail area, you agree to have it along with your name posted for public viewing both here and in other Company promotional and advertising materials without compensation. We will try to post as many of the messages as we can, although we cannot promise to post every submission. All messages that are posted here represent the opinions of other Company Site users and do not represent the ideas or opinions of Company. You may copy them as much as you like for personal use, but redistribution in any way requires the permission of Company In consideration of this authorization, you agree that any copy of this information that you make shall retain all copyright and other proprietary notices contained here in this Site.
h. Disclaimer Policy—Nonendorsement
The views and opinions of private coaches provided by this site do not necessarily reflect those of the Company. Reference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by Company. Nor shall any information or statements contained on this Site be used for the purposes of advertising, or to imply an endorsement or recommendation. With respect to documents available from this Site, neither Company nor any of its employees make any warranty, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. Further, neither Company nor any of its employees assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed; nor do they represent that its use would not infringe privately owned rights.
i. No Professional Advice
The information contained in or made available through this Site cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters. Without limiting the generality of the foregoing, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through this Site. We are not liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of this Site, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
4. Confidential and Proprietary Information
Company does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Company through the Site will be deemed NOT to be confidential. By sending Company any information or material, you grant Company an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Company is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site or otherwise, you or the user should send notification to our Designated Agent (as identified and defined below) immediately. To be effective, the notification must include:
A physical or electronic signature of the copyright owner or authorized agent;
Identification of the copyrighted work(s) claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information regarding how we may contact you (for example, mailing address, telephone number, E-mail address);
A statement that the copyright owner or its authorized agent 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 made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
West Creative, LLC
2224 NW 25th St.
Oklahoma City, OK 73107
Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
5. Links or Pointers to Other Sites
Company makes no representations whatsoever about any other Website that you may access though this Site. When you access a non-Company Website, please understand that it is independent from Company, and that Company has no control over the content on that Website. In addition, a hyperlink to a non-Company Website does not mean that Company endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
6. Terms and Conditions of Sale
These terms and conditions of sale apply to the purchase and sale of products and services through this Site. By placing an order for such products and services, you agree to be bound by and accept these terms and conditions of sale. If you do not agree to these terms and conditions of sale, you should not obtain products or services from this Site.
a. a. Order Acceptance and Cancellation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, whether or not your credit card has been charged. If your credit card has been charged and your order is canceled you will receive a prompt refund credit to your account. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item.
Once an order has been placed, it cannot be cancelled unless the shipment is unavoidably delayed. In this case, we will do our best to cancel the order if requested.
We are a seller to end user customers and do not accept orders from dealers, exporters, wholesalers, or other customers who intend to resell the products and services which are offered on our Site. We make every effort to maintain the availability of our Site. However, should we experience technical difficulties, we are not responsible for orders that are not processed or accepted.
a. b. Payment Terms and Sales Taxes
Terms of payment are within our sole discretion and, unless designated otherwise at the time of purchase of a particular product or service, payment must be received by us prior to our acceptance of an order.
All payments must be in United States dollars. Current billing address and phone information must be included with every order. You agree to pay interest on all past-due sums at the highest rate allowed by law. We retain a security interest in the products and all proceeds thereof until the full purchase price therefore (including taxes and additional charges) has been paid.
a. c. Changes in Products and Pricing
We are constantly updating and revising our offerings of products and services, and we may discontinue products and services at any time without notice. To the extent that we provide information on availability of products or services, you should not rely on such information, and we will not be liable for any lack of availability of products or services that you may order through our Site.
All pricing for the products and services available on our Site is subject to change. For all of our prices and products, we reserve the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.
d. Disclaimer and Limitation of Liability
Our responsibility for defects relating to the products and services available on our Site is limited to the procedures described in our return policy set forth below.
All products and services available on this site are provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, or the warrant of non-infringement. Without limiting the foregoing, we make no warranty that the products and services available on this site will meet your requirements; the results that may be obtained from the use of the products or services will be effective, accurate or reliable; or the quality of any products or services will meet your expectations. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to your purchase of products and services. We do not accept liability beyond the remedies set forth herein, including any liability for products and services that are not available for use or for lost or corrupted data or software. In no event shall we or our parent, subsidiaries, affiliated companies, agents, shareholders, employees, or officers (collectively, our “affiliates”) have any obligations or liabilities to you or any other person for loss of profits, for loss of business or use, or for incidental, special or consequential damages, whether based on contract, tort (including negligence), product liability, or any other theory or form of action, even if we or our affiliates have been advised of the possibility thereof, arising out or in connection with the sale, delivery, use, repair or performance of the products available through this site. None of our employees or representatives are authorized to modify this limitation. Our sole and entire maximum liability (and the liability of any of the providers of products and services available on our site), for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the products and services you have ordered through our site.
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you to the extent such jurisdiction’s law is applicable to your purchase of products and services.
e. Warranty and Return Policy
Unless designated otherwise at the time of purchase of a given product or service, we do not offer any warranties with respect to the products and services available through our Site.
f. Service and Support
All requests for technical service and support with respect to the products and services available through our Site, or for any other questions or concerns, you should contact us by e-mail at: firstname.lastname@example.org, or by mail at West Creative, LLC, 2224 NW 25th St., Oklahoma City, OK 73107. We will do our best to help you; however, we cannot guarantee that every problem will be resolved to your satisfaction. Except as explicitly noted on this Site, the services available through this Site are offered by West Creative, LLC an Oklahoma organization, located at 2224 NW 25th St., Oklahoma City, OK 73107. Our telephone number is ______________.
7. Release of Claims
For good and valuable consideration, the receipt and sufficiency of which is hereby irrevocably acknowledged, you hereby release and discharge Company, its respective heirs, successors, assigns, representatives, shareholders, directors, officers, members, managers, agents, employees, independent contractors, content providers, and attorneys (collectively “Related Parties”), and each of them, of and from any and all claims, debts, liabilities, demands, obligations, costs, expenses, damages, causes of action, warranties, covenants, contracts, liens, controversies and losses (collectively “Claims”) of whatsoever kind or nature, whether known or unknown, based on or arising out of or in connection with your use of the Site and/or its services, products, information, and/or content. If you are a California resident, you expressly waive and relinquish all rights under Section 1542 of the Civil Code of the State of California, which reads as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
You irrevocably acknowledge and agree that should you hereafter discover facts that are different from or in addition to those now known or believed to be true with respect to the Claims herein released, that this Agreement shall be and remain effective in all respects notwithstanding such difference or additional facts later discovered.
8. Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and service available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
9. Choice of Law and Venue; Statute of Limitations
These Terms and Conditions are entered into in the State of Oklahoma and shall be governed by and construed in accordance with the laws of the State of Oklahoma, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Oklahoma, in the State of Oklahoma, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. Any cause of action brought by you against Company or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
10. Entire Agreement
11. No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.