Terms and Conditions
Last updated: October 2021
The Present Terms and Conditions constitute a legally binding agreement between the you (“User”or “you”or “your”) and Idly Inc., as hereafter defined.
The Present Terms and Conditions are regulating the access and use of the Website as well as any other services, application related or connected thereto
By using this Site, you are agreeing to these Terms. If you do not agree to these Terms, then you are not allowed to use this Site and should immediately terminate such usage.
The Present Terms and Conditions may refer to our Privacy Policy, which also applies to the use of the Website.
1. DEFINITIONS
“Account” is defined as the established relationship between User and a computer, network or information service giving access to the Service.
“Company” is defined as Idly Inc.
“Idly Inc.” is defined as Idly Inc., a Florida company incorporated under the laws of the State of Florida with registered address at 8445 1/2 Calvin Ave, Northridge CA 91324-4213, United States of America.
“Service” is defined as the Content provided to you by the Website via the Account.
“Terms” is defined as the present Terms and Conditions.
“User” is defined as the person making use of the Service.
“Website” is defined as the following website : https://trainbetternow.com/
2. INTRODUCTION
2.1 By using the Site and the Services or purchasing something from us, you represent and warrant that you are at least the age of majority in your state of residence, or, if not, that you have your parents or legal tutor authorization and that your parents or legal tutor is using the Site and the Services, or purchasing something from us in your behalf.
If you haven’t reached the age of majority or are accessing this Site from any country where this material is prohibited, please exit now as you do not have proper authorization and the use of the Site will be a violation of these Terms.
The Company reserves the right, to its, sole discretion, to refuse to offer the Services to any person or entity and to change its eligibility criteria at any time.
2.2 As a condition of use, you represent not to use the Services for any purpose that is prohibited by these Terms or by any Federal, State or Local legislation in the United States and/or any legislation in your jurisdiction (including but not limited to copyright laws). You are responsible for all of your activity in connection with the Services.
3. ACCESS AND REGISTRATION
You may need to register for a User account in order to make use of the Service. Any registration information that you provide to us must be accurate, current, and complete. You must also update your information so that Company may send notices, statements, and other information to you by email or through your account. You are responsible for all actions taken through your accounts.
You are solely responsible for your interactions with other users. Company does not carry out any checks on any prospective users, so please take care what information you share with others.
For more information regarding the data we collect from you and how we use it, please consult our Privacy Policy.
4. SUBSCRIPTION AND BILLING
4.1. Definitions
In this section and in the rest of the present Terms the following words have the hereafter meaning.
“Invoicing date” is defined as the day on which the Company is charging the Credit card provided by the User.
“Payment period” is defined as a one-month period for which the User is being invoiced by the Company.
“Period” is defined as period of one month and is offered as monthly renewal packages.
“Trial period” is defined as the time frame in which you can try our Service. The Trail period is a period of 1 day.
4.2 Subscription
We offer our users subscription packages for further access to features and areas within the Site. You may find detailed information regarding different packages and subscription plans (“Subscription”) in the relevant part of the Site.
By subscribing to the Service, you agree to the full terms and conditions and privacy policy as well as enrollment into our Trial program where you will immediately be billed the amount of $1.00 and we will immediately give you access to the Service. You have a 1-day trial period. Your trial will begin upon access to the Service.
After your Trial period has ended, your credit card will then be automatically charged the monthly retail price of $59.99. For all MasterCard transactions ONLY, within 1 day , you will receive an email requiring your response to activate the Trial program.
If you are happy with the Service, you are required to consent to the be charged $59.99 for the Service. If our Service is not right for you, simply, contact Customer Care us via email at [email protected], or click on the Subscription link to cancel your Trial.
Subscriptions will automatically renew at the end of any Period. You agree that your account will be subject to such automatic renewal.
4.3. Invoicing and Payment
User will provide the Company with valid and updated credit card information. By doing so, Userr authorizes the Company to charge such credit card for the use of the Service for the Period to come and any renewal subscription Period(s) as described in clause 3.1.
Such charges will be made in advance, when each Period expires.
User is responsible for providing a valid and updated credit card information at the time of purchasing the Service and notifying Company of any changes to such information.
Where Subscription changes in price, we will provide you with as much notice as we can, and you may cancel your Subscription at any time. By continuing to use the Service, you agree to any such price change.
This transactions will appear at your bank statement as trainbetternow.com
4.4. MasterCard disclaimer
For all MasterCard transactions ONLY, within 1 day, you will receive an email requiring your response to activate the monthly auto-ship program. If you are happy with the Product, you are required to consent to the monthly auto-ship program in order to receive additional product.
5. SITE AND CONTENT USE POLICY
5.1 Acceptable use. This Site and all its contents are intended solely for your personal, non-commercial use. You may download, copy and print selected portions of the contents and other downloadable materials displayed on this Site for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on the Site or in the contents. Except as noted above, you may not reproduce, copy, publish, transmit, distribute, disclose, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, this Site or any related software in any form or by any means. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.
5.2 As a condition of use, you undertake not to use the Site for any purpose that is unlawful or prohibited by these Terms or any Federal, State or Local applicable law, or any other purpose not reasonably intended by the Company.
5.3 Additionally, you agree that you will not in whole or in part:
5.3.1 Use or access the Site in a manner that: (a) violates any Federal, State or Local applicable laws; (b) violates the rights of any third party; (c) purports to subject the Company to any other obligations; or (d) for any purpose not specifically permitted in these Terms;
5.3.2 Rent, lease, sell, resell, loan, assign, sublicense, license, copy, distribute or otherwise commercially exploit, or otherwise transfer rights to use the Site or its content;
5.3.3 Cause or permit decompilation, reverse assembly, reverse engineering or otherwise attempt to discover the source code of all or any portion of the Site or the Company’s Intellectual Property;
5.3.4 Access or use the Site in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Site, or (c) copy any ideas, features, functions or graphics of the Site and Company’s Intellectual Property or modify, adapt, translate, or otherwise create derivative works based upon the Site;
5.3.5 Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
5.3.6 Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
5.3.7 Bypass any measures the Company may use to prevent or restrict access to the Site. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
5.3.8 Delete, fail to reproduce or modify any patent, copyright, trademark or other proprietary rights notices, legends, or labels which appear on the Site.
5.4 You undertake that you will not: (i) use the Site for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) engage in any activities through or in connection with the Site that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to the Company.
5.5 Without limiting the foregoing, You shall at all times comply with these Terms and Privacy Policy, as may be amended at the sole discretion of the Company, and furthermore may not use the Site to: (a) send spam or otherwise send duplicative or unsolicited messages in violation of applicable laws; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates a third party’s privacy rights.
6. CONTENT
6.1 Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, owned by or licensed to the Company or its respective affiliates, and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of the Company and is also protected by U.S. and international copyright laws.
6.2 The Site (including past, present, and future versions) and the Content are owned or controlled by Idly Entertainment Inc., and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Site is the property of the Company or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. The Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.
6.3 Permission to use the Contents is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Site are used separate from accompanying text.
6.4 You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Contents or enforce limitations on use of the Site or the Contents therein.
6.5 We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
6.6 We reserve the right to modify the Contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to our site.
6.7 Occasionally there may be information on the Site or on the product that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
6.8 We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.
6.9 For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) you grant the Company a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub- licensable right and license to use the Comments however the Company desires, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way. You hereby waive all your moral rights in the Comments for the benefit of the Company and its successors, assigns and licensees.
6.10 For this reason, we ask that you not send us any Comments that you do not wish to license to us as described above, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You grant the Company the right to use the name that you submit in connection with any Comments. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates for all claims resulting from or relating to any Comments you submit.
7. INTELLECTUAL PROPERTY RIGHTS, FEEDBACK
Company is the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. We reserve the right to pursue legal action against anyone who violates these Terms.
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
8. PERSONAL INFORMATION
8.1 Our Privacy Policy can be found in the Site. The Privacy Policy sets out how we will use your personal information. By using our Site or purchasing our products or services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy.
8.2 We represent and warrant that we will at all times comply in full with the requirements of any applicable Privacy Rules and will refrain from engaging in any behavior that renders or is likely to render the other party in breach of any applicable Privacy Rules.
8.3 We will act as your service provider (as defined by the California Consumer Privacy Act (“CCPA”)) as to any Personal Information (as such term is defined in the CCPA) that we process on your behalf pursuant to these Terms. We will not use or disclose such Personal Information for purposes other than (a) business purposes for providing the Service, or (b) as may otherwise be permitted under CCPA. These purposes include ad delivery, frequency capping, security and fraud detection, debugging, forecasting, reporting and measurement, and improving and developing features for the Service, but exclude the combination of Personal Information for cross-context behavioral advertising. This section applies solely to the extent that CCPA applies.
9. THIRD-PARTY LINKS
9.1 The Site may contain third party plug-ins and/or applications, and/or links to third-party websites that are not owned, controlled or operated by the Company, and the Site may also include links to third-party ads on the Site or otherwise, to or from third-party websites (collectively, “Third-Party Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with the Company.
9.2 When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators.
The Company does not necessarily endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, products, services, or other items.
Furthermore, the Company is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Sites
9.3 You further acknowledge and agree that the Company has no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and that the Company does not assume any obligation to review any Third-Party Sites.
We shall not, under no circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9.4 The Company disclaims all liability in connection with Third-Party Sites.
10. DISCLAMERS
NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SITE OR ANY CONTENT ON IT, WHETHER EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO ANY USER FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE, ARISING UNDER OR IN CONNECTION WITH:
PLEASE NOTE IN PARTICULAR THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR:
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.
WE ASSUME NO RESPONSIBILITY FOR THE CONTENT OF WEBSITES LINKED ON OUR SITE. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENT BY US OF THOSE LINKED WEBSITES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OF THEM.
11. LIMITATION OF LIABILITY
11.1 In no event shall Company or any of Company`s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs or repair costs) caused by or arising from or in connection with: your access, inability to access, registration with, inability to register with, use or inability to use the Site; the unauthorized access to or alteration of your information; any statements, content or conduct of any third party on, through or in relation to the Site or made or provided during the course of your visit, access, registration with or use of the Site; any hacking, denial of service attacks, data security breaches or other third-party conduct that may lead to a compromise of your personal information or damage to your device(s), software, operating system(s), file(s), carrier(s), network(s); any transmission, download or infection of any software, system, program, file, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware and malware) that may lead to a compromise of your personal information or damage to your device(s), software, operating system(s), file(s), carrier(s), network(s); the fact that you have relied on any information or content found on, through or in relation to the Site or made or provided during the course of your visit, access, registration with or use of the Site; any acts, errors or omissions of any third-party providers, if any; any products or services offered or sold by Company on or through the Site.
11.2 THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS PROVISION MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS’ LAWS ARE APPLICABLE. IN SUCH JURISDICTIONS THE COMPANY LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW.
11.3 THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THESE TERMS OR YOUR RIGHT TO USE THIS SITE.
12. INDEMNIFICATION
12.1 If you fail to comply with any terms or conditions (whether intentionally or unintentionally), then you accept full responsibility for the consequences thereof (including, without limitation, any unauthorized charges and payments, any unauthorized changes to your information and settings), and agree to indemnify, release and hold harmless us and our officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from your violation of any term of these Terms, including, without limitation your breach of any of the representations and warranties above, your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights and your violation of any applicable law, rule or regulation, as well as any claim or damage that arises as a result of any of your content; and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorney fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with your failure to comply with such terms or conditions.
12.2 This provision shall survive the termination of these Terms and remain in full force and effect.
13. TERMINATION
13.1. Voluntary termination
You may terminate your trial or monthly membership at any time, for any reason, by following the instructions in relevant part of the Site.
You may cancel your subscription with us in the following ways: (i) by visiting the “My Account” section of the Website and following the relevant link to Remove Your Account; (ii) by submitting a Cancelation Subscription form; (iii) by contacting our Support with the respective request.
To be considered by the Company, the termination instruction must be done before the end of the Period. Every termination instruction submitted after the invoicing date, will only be effective after the end of such Period.
13.2. Company’s termination
Company may terminate your Account at any time without notice if it believes that you are in breach of these Terms. In the event of such termination, you will not be entitled to any refund. After your Account is terminated, these Terms except those which are intended to survive termination, will expire.
A breach of these Terms of Use may result in us taking all or any of the following actions:
The Company excludes liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action that we reasonably deem appropriate.
If, as a result of any action taken pursuant to this section, we close your Account (if applicable), all data and information in and relating to that Account will be deleted and lost. We will not be liable to you for any such deletion or loss.
Except where indicated in these Terms, we do not provide any refunds for any partial-month subscription periods or unused services. If you cancel your subscription, you will have access to the services till the end of the Subscription period. No payments will be charged by us in the following months.
14. GOVERNING LAW
14.1 These Terms, and any action related thereto, shall be governed by and construed in accordance with the laws of the State of New York, and controlling United States federal law without reference to its conflict of laws principles.
14.2 Any cause of action or claim you may have against Company must be commenced within one year after the claim or cause of action arises. You and Company agree to the exclusive jurisdiction of the federal or state courts of New York to resolve any dispute, claim or controversy relating to these Terms.
15. GENERAL CLAUSES
15.1 The Company is permitted to revise, amend and/or modify these Terms at any time at its own discretion, and by using this Site you are expected to review these Terms on a regular basis. Your continued use of the Site after any such changes constitutes Your acceptance of such changes. If you do not agree with these Terms or any subsequent modifications to these Terms, do not use or access (or continue to access) the Site.
15.2 Headings are included for convenience only and will not be considered in interpreting these Terms. For the avoidance of doubt, as used in these Terms, the word “including” means “including but not limited to”.
15.3 If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
15.4 These Terms, including any legal notices and disclaimers contained on this Site, constitute the entire agreement between the Company and you in relation to your use of this Site, and supersede all prior agreements and understandings with respect to the same.
15.5 The Company is allowed to assign, novate, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
15.6 Any failure or delay by the Company in enforcing any right, power or remedy under these Terms or applicable law shall not be deemed to be a waiver thereof unless made in writing by the Company
15.7 The Company may provide notifications to You via email notice, or through posting of such notice on the Site, as determined by the Company in our sole discretion. The Company reserves the right to determine the form and means of providing notifications to users, provided that You may opt out of certain means of notification as described in these Terms. The Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address You provide us.
15.8 If you are a government end user, then this provision applies to you. The Site provided in connection with these Terms has been developed entirely at private expense, as demed in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer site” and/or “commercial computer site documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212 and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by these Terms and shall be prohibited except to the extent expressly permitted by these Terms.
15.9 The Company reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms, (iii) investigate any information obtained by the Company in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and (vi) discontinue the Site, in whole or in part, or suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party.
Any suspension or termination will not affect your obligations to the Company under these Terms.
Upon suspension or termination of your access to the Site, or upon notice from the Company, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site.
The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to the Company in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and no class action.
16. CONTACT INFORMATION
Should you have any questions, complaints, or claims with respect to the Terms, please contact us by: [email protected]
PLEASE NOTE THAT THIS MAIL ADDRESS IS NOT FOR CUSTOMER CARE CLAIMS AND NO CUSTOMER CARE CLAIM WILL BE PROCESSED USING THIS MAIL ADDRESS.
FOR CUSTOMER CARE CLAIMS PLEASE CONSULT WITH THE SPECIFIC PORTAL MAIL ADDRESS.
The Company does not provide any guaranteed response time, but will make a good faith effort to answer questions within five (5) business days.
Terms and Conditions
Last updated: October 2020
Idly Entertainment Inc., a Company incorporated in Florida, with registered address at 8445 1/2 Calvin Ave, Northridge CA 91324-4213, United States of America (hereinafter referred to as the “Company”, “we”, “us” or “our”) welcomes you to trainbetternow.com (hereinafter referred to as the “Site”). These Terms and Conditions (hereinafter referred to as “Terms”) together with Company’s Privacy Policy govern your use of the Site and the services, tools, features, content operated by trainbetternow.com (together with the Site, the “Services”), and provided to you, the user (the “user”, “you” or “your”), conditioned upon your acceptance of all terms, conditions, policies and notices as stated herein.
By accessing or using any part of our Site and/ or purchasing something from us, you acknowledge and accept the Site’s Terms and Conditions, and the Site’s Privacy Policy. You further consent to the collection and use of your data in accordance with the Privacy Policy.
Please read these Terms carefully before accessing or using our Site and Services. By accessing our Site and using the services you agree and acknowledge that you have read and accepted these Terms in their entirety and agree to be bound by and to comply to these Terms.
These Terms become binding on you from the moment you start using the Site and will remain in full force and effect unless and until they are terminated or modified or until you definitely stop using the Site.
In addition, please review our Privacy Policy, which governs your use of the Site. By using our Site and/or the Service, you consent to our Privacy Policy and Terms and Conditions and our collection, use and sharing of your information and data, and other activities, as described below.
1.1 By using the Site and the Services or purchasing something from us, you represent and warrant that you are at least the age of majority in your state of residence, or, if not, that you have your parents or legal tutor authorization and that your parents or legal tutor is using the Site and the Services, or purchasing something from us in your behalf..
If you haven’t reached the age of majority or are accessing this Site from any country where this material is prohibited, please exit now as you do not have proper authorization and the use of the Site will be a violation of these Terms.
The Company reserves the right, to its, sole discretion, to refuse to offer the Services to any person or entity and to change its eligibility criteria at any time.
1.2 As a condition of use, you represent not to use the Services for any purpose that is prohibited by these Terms or by any Federal, State or Local legislation in the United States and/or any legislation in your jurisdiction (including but not limited to copyright laws). You are responsible for all of your activity in connection with the Services.
2.1 We are currently proposing for sale products stipulated in our Site. We have made every effort to display as accurately as possible the colors and images of our products.
The quality of the display of the streaming movies & TV shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. Idly Entertainment Inc., makes no representations or warranties about the quality of your instant watching experience on your display
2.2 For using our Site you could need to register user account with us (“Account”). You will be asked a series of questions during the registration process which you must answer honestly and fully. Please make sure that you keep any passwords safe and secure.
You are solely responsible for your interactions with other users. Company does not carry out any checks on any prospective users, so please take care what information you share with others.
You can add information to your profile during the registration process and modify this at any time. Please only use accurate and up to date information to complete your profile. Please, take care when sharing personal contact information through – any information you do share is entirely your responsibility.
For more information regarding the data we collect from you and how we use it, please consult our Privacy Policy.
3.1 We offer our users subscription packages for further access to features and areas within the Site. You may find detailed information regarding different packages and subscription plans (“Subscription”) in the relevant part of the Site. In general, we offer trial 7 days period option $1.00 and monthly renewal packages $59.99.
3.2 Your Subscription to the Service will continue indefinitely on a monthly rolling basis, unless and until cancelled by you. You agree that your account will be subject to such automatic renewal.
If the first time you paid by credit card, we will continue to charge the same credit card when each Subscription period expires. We will not debit any repeat payments before the current month ends. If the transaction is successful – your Subscription will be prolonged on the regular terms.
Where Subscription changes in price, we will provide you with as much notice as we can, and you may cancel your Subscription at any time. By continuing to use the Service, you agree to any such price change.
3.3. Your trial period will begin upon receipt of the product.
3.4. For all MasterCard transactions ONLY, within 1 day, you will receive an email requiring your response to activate the monthly auto-ship program. If you are happy with the Product, you are required to consent to the monthly auto-ship program in order to receive additional product.
4.1 Acceptable use. This Site and all its contents are intended solely for your personal, non-commercial use. You may download, copy and print selected portions of the contents and other downloadable materials displayed on this Site for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on the Site or in the contents. Except as noted above, you may not reproduce, copy, publish, transmit, distribute, disclose, display, modify, post, download, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents, this Site or any related software in any form or by any means. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.
4.2 As a condition of use, you undertake not to use the Site for any purpose that is unlawful or prohibited by these Terms or any Federal, State or Local applicable law, or any other purpose not reasonably intended by the Company.
4.3 Additionally, you agree that you will not in whole or in part:
4.3.1 Use or access the Site in a manner that: (a) violates any Federal, State or Local applicable laws; (b) violates the rights of any third party; (c) purports to subject the Company to any other obligations; or (d) for any purpose not specifically permitted in these Terms;
4.3.2 Rent, lease, sell, resell, loan, assign, sublicense, license, copy, distribute or otherwise commercially exploit, or otherwise transfer rights to use the Site or its content;
4.3.3 Cause or permit decompilation, reverse assembly, reverse engineering or otherwise attempt to discover the source code of all or any portion of the Site or the Company’s Intellectual Property;
4.3.4 Access or use the Site in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Site, or (c) copy any ideas, features, functions or graphics of the Site and Company’s Intellectual Property or modify, adapt, translate, or otherwise create derivative works based upon the Site;
4.3.5 Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
4.3.6 Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
4.3.7 Bypass any measures the Company may use to prevent or restrict access to the Site. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
4.3.8 Delete, fail to reproduce or modify any patent, copyright, trademark or other proprietary rights notices, legends, or labels which appear on the Site.
4.4 You undertake that you will not: (i) use the Site for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) engage in any activities through or in connection with the Site that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to the Company.
4.5 Without limiting the foregoing, You shall at all times comply with these Terms and Privacy Policy, as may be amended at the sole discretion of the Company, and furthermore may not use the Site to: (a) send spam or otherwise send duplicative or unsolicited messages in violation of applicable laws; (b) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or that violates a third party’s privacy rights.
5.1 Unless otherwise noted, all materials, including images, text, illustrations, designs, music clips, downloads, icons, photographs, programs, video clips and written and other materials that are part of this Site (collectively, the “Contents“) are subject to intellectual property rights, including without in any way limiting the generality of the foregoing, copyrights and trade-marks, owned by or licensed to the Company or its respective affiliates, and are protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of the Company and is also protected by U.S. and international copyright laws.
5.2 The Site (including past, present, and future versions) and the Content are owned or controlled by Idly Entertainment Inc., and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Site is the property of the Company or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. The Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site.
5.3 Permission to use the Contents is granted, provided that (1) the above copyright notice appears on all copies; (2) use of the Information is for informational and non-commercial or personal use only; (3) the Information is not modified in any way; and (4) no graphics available from this Site are used separate from accompanying text.
5.4 You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Contents or enforce limitations on use of the Site or the Contents therein.
5.5 We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
5.6 We reserve the right to modify the Contents of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to our site.
5.7 Occasionally there may be information on the Site or on the product that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
5.8 We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.
5.9 For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or through this Site, by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) you grant the Company a perpetual, royalty-free, irrevocable, transferable, unrestricted, sub- licensable right and license to use the Comments however the Company desires, including without limitation, to use, copy, reproduce, disclose, modify, delete in its entirety, adapt, publish, display, translate, create derivative works from and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world and for any purpose without restriction and without compensating you in any way. You hereby waive all your moral rights in the Comments for the benefit of the Company and its successors, assigns and licensees.
5.10 For this reason, we ask that you not send us any Comments that you do not wish to license to us as described above, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You grant the Company the right to use the name that you submit in connection with any Comments. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates for all claims resulting from or relating to any Comments you submit.
6.1 The Company (or its licensors) shall retain all Intellectual Property rights in and to all of the Company’s business, information, technology and other proprietary materials, including but not limited to the Site and the products, (including but not limited to all software, concepts, methodologies, techniques, models, templates, algorithms, trade secrets, processes, information, materials, source codes, structure, sequence, organization, “look and feel”, images, text, graphics, illustrations, data and know-how contained therein, all modifications, alterations, updates, upgrades, and enhancements thereof, all documentation and manuals related thereto and all other aspects of such technology or product) or any derivatives thereof, the name “Idly Entertainment Inc.,” or any derivatives thereof, and any other names and logos and all related product and service names, design marks and slogans, trademarks (whether registered or not) which are owned or controlled by the Company and made available to You through the Site or otherwise (“Intellectual Property”).
6.2 Except as specified herein, you do not acquire any rights, express or implied, in the Site, including all upgrades, modifications, new versions and releases and have no right to commercialize or transfer the Site, in whole or in part. No license, right or Intellectual Property Right in any Company’s trademark, trade name or service mark is granted pursuant to these Terms.
7.1 Our Privacy Policy can be found in the Site. The Privacy Policy sets out how we will use your personal information. By using our Site or purchasing our products or services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy.
7.2 We represent and warrant that we will at all times comply in full with the requirements of any applicable Privacy Rules and will refrain from engaging in any behavior that renders or is likely to render the other party in breach of any applicable Privacy Rules.
7.3 We will act as your service provider (as defined by the California Consumer Privacy Act (“CCPA”)) as to any Personal Information (as such term is defined in the CCPA) that we process on your behalf pursuant to these Terms. We will not use or disclose such Personal Information for purposes other than (a) business purposes for providing the Service, or (b) as may otherwise be permitted under CCPA. These purposes include ad delivery, frequency capping, security and fraud detection, debugging, forecasting, reporting and measurement, and improving and developing features for the Service, but exclude the combination of Personal Information for cross-context behavioral advertising. This section applies solely to the extent that CCPA applies.
8.1
The Site may contain third party plug-ins and/or applications, and/or links to third-party websites that are not owned, controlled or operated by the Company, and the Site may also include links to third-party ads on the Site or otherwise, to or from third-party websites (collectively, “Third-Party Sites”), including websites operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with the Company.
8.2 When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators.
The Company does not necessarily endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, products, services, or other items.
Furthermore, the Company is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Sites
8.3 You further acknowledge and agree that the Company has no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and that the Company does not assume any obligation to review any Third-Party Sites.
We shall not, under no circumstances, be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
8.4 The Company disclaims all liability in connection with Third-Party Sites.
9.1. General Disclaimer
9.1.1 Your visit, access, registration with or use of the Site in any way is done at your own risk. The Site, the success or performance of the Site and all information, communications, content, features, products and services offered, sold and/or licensed on or through the Site are provided to you on an “as is,” “where is,” “as available,” and “with all faults” basis. Company does not make, nor has Company made, any representations or warranties of any kind or nature (whether direct or indirect, oral or written or express or implied) to you with respect to the Site, the success, performance, functionality, reliability or safety of the Site or any such information, communications, content, features, products or services.
9.1.2 Company expressly disclaims any and all express warranties, implied warranties (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, good faith and fair dealing, title, non-infringement, quality, accuracy, reliability and performance) and warranties arising from conduct, course of dealing, custom and usage in trade with respect to the Site, the success, performance, functionality, reliability or safety of the Site and any such information, communications, content, features, products and services.
9.1.3 IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS WEBSITE AND/OR THE INFORMATION OR CONTENT POSTED ON THIS WEBSITE, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
9.2 Disclaimer About Products and Services
9.2.1 All descriptions, images, references, features, content, specifications, products, and prices of any products or services offered by Company on or through the Site may be subject to change at any time and without notice to you. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services through the Site does not imply or warrant that they will be available.
9.2.2 Any information as may be provided on this Site is for informational purposes only and is not intended as a substitute for advice from professional or any information contained on or in any product label or packaging. Reliance on these materials, information and opinions is solely at your own risk. The Company disclaims any liability for injury, damage or other consequence caused by or otherwise related (directly or indirectly) to any action or inaction you take based on the recipes, tips, instructions and other information and resources available on this Site. The products should be used only as directed on the label.
9.2.3 It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product or service ordered or purchased through the Site.
9.2.4 Company reserves the right, with or without prior notice to you, to do any one or more of the following:
9.2.5 THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES AND THE EXCLUSION OR LIMITATION OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES, SO SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS PROVISION MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS’ LAWS ARE APPLICABLE.. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. THE ABOVE DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THESE TERMS OR YOUR RIGHT TO USE THIS WEBSITE.
10.1 In no event shall Company or any of Company`s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees be held liable to (or be obligated to indemnify) you or any third party for any direct, indirect, punitive or special damages (including, without limitation, legal costs, attorney fees, lost profits, replacement costs or repair costs) caused by or arising from or in connection with: your access, inability to access, registration with, inability to register with, use or inability to use the Site; the unauthorized access to or alteration of your information; any statements, content or conduct of any third party on, through or in relation to the Site or made or provided during the course of your visit, access, registration with or use of the Site; any hacking, denial of service attacks, data security breaches or other third-party conduct that may lead to a compromise of your personal information or damage to your device(s), software, operating system(s), file(s), carrier(s), network(s); any transmission, download or infection of any software, system, program, file, process, device, application or routine (including, without limitation and by way of example only, robots, scrapers, spiders, viruses, spyware and malware) that may lead to a compromise of your personal information or damage to your device(s), software, operating system(s), file(s), carrier(s), network(s); the fact that you have relied on any information or content found on, through or in relation to the Site or made or provided during the course of your visit, access, registration with or use of the Site; any acts, errors or omissions of any third-party providers, if any; any products or services offered or sold by Company on or through the Site.
10.2 THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS PROVISION MAY NOT APPLY TO THE EXTENT SUCH JURISDICTIONS’ LAWS ARE APPLICABLE. IN SUCH JURISDICTIONS THE COMPANY LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW.
10.3 THE ABOVE LIMITATION OF LIABILITY SHALL SURVIVE THE TERMINATION OF THESE TERMS OR YOUR RIGHT TO USE THIS SITE.
11.1 If you fail to comply with any terms or conditions (whether intentionally or unintentionally), then you accept full responsibility for the consequences thereof (including, without limitation, any unauthorized charges and payments, any unauthorized changes to your information and settings), and agree to indemnify, release and hold harmless us and our officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors and licensees from your violation of any term of these Terms, including, without limitation your breach of any of the representations and warranties above, your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights and your violation of any applicable law, rule or regulation, as well as any claim or damage that arises as a result of any of your content; and against any and all liabilities, claims, suits, demands, actions, judgments, losses, damages, fines, penalties and expenses (including costs and reasonable outside attorney fees) incurred by such indemnitees, or asserted against such indemnitees by third parties, arising out of or in connection with your failure to comply with such terms or conditions.
11.2 This provision shall survive the termination of these Terms and remain in full force and effect.
12.1 These Terms shall continue and remain in effect until it is terminated in accordance with the present Terms and conditions. Company may terminate these Terms at any time, discretionary, and without notice to you (including, without limitation, if Company believes that you have violated or acted inconsistently with any term or condition of these Terms).
12.2 You may terminate these Terms at any time and for any or no reason by notifying us that you no longer wish to use our Services, or when you cease using our Site. If these Terms is terminated for any reason, then all rights granted to you under these Terms shall automatically revert back to Company, and the following shall survive in perpetuity: all defined terms under these Terms; all rights and privileges under these Terms which were granted to and/or accrued in favor of Company and/or any of Company`s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees as of the date of these Terms termination; all payments which accrued as of the date of termination; all disclaimers, limitations of liability and limitations of remedies; all representations, warranties, covenants, certifications, releases, indemnifications and promises made by you under these Terms.
12.3 You may terminate your trial or monthly membership at any time, for any reason, by following the instructions in relevant part of the Site.
You may cancel your subscription with us in the following ways:
We do not provide any refunds for any partial-month subscription periods or unused services. If you cancel your subscription, you will have access to the services till the end of the paid period. No payments will be charged by us in the following months.
Company may terminate your Account at any time without notice if it believes that you are in breach of these Terms. In the event of such termination, you will not be entitled to any refund. After your Account is terminated, these Terms except those which are intended to survive termination, will expire.
Except where indicated in these Terms, we do not provide any refunds for any partial-month subscription periods or unused services. If you cancel your subscription, you will have access to the services till the end of the Subscription period. No payments will be charged by us in the following months.
12.4 If you breach these Terms, we may suspend or terminate your Service immediately without prior notice (except to the extent prohibited by law) and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). You breach these Terms by failing to comply with any provision in these Terms or any other agreement between us.
13.1 These Terms, and any action related thereto, shall be governed by and construed in accordance with the laws of the State of New York, and controlling United States federal law without reference to its conflict of laws principles.
13.2 Any cause of action or claim you may have against Company must be commenced within one year after the claim or cause of action arises. You and Company agree to the exclusive jurisdiction of the federal or state courts of New York to resolve any dispute, claim or controversy relating to these Terms.
14.1 The Company is permitted to revise, amend and/or modify these Terms at any time at its own discretion, and by using this Site you are expected to review these Terms on a regular basis. Your continued use of the Site after any such changes constitutes Your acceptance of such changes. If you do not agree with these Terms or any subsequent modifications to these Terms, do not use or access (or continue to access) the Site.
14.2 Headings are included for convenience only and will not be considered in interpreting these Terms. For the avoidance of doubt, as used in these Terms, the word “including” means “including but not limited to”.
14.3 If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
14.4 These Terms, including any legal notices and disclaimers contained on this Site, constitute the entire agreement between the Company and you in relation to your use of this Site, and supersede all prior agreements and understandings with respect to the same.
14.5 The Company is allowed to assign, novate, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
14.6 Any failure or delay by the Company in enforcing any right, power or remedy under these Terms or applicable law shall not be deemed to be a waiver thereof unless made in writing by the Company
14.7 The Company may provide notifications to You via email notice, or through posting of such notice on the Site, as determined by the Company in our sole discretion. The Company reserves the right to determine the form and means of providing notifications to users, provided that You may opt out of certain means of notification as described in these Terms. The Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address You provide us.
14.8 If you are a government end user, then this provision applies to you. The Site provided in connection with these Terms has been developed entirely at private expense, as demed in FAR section 2.101, DFARS section 252.227-7014(a)(1) and DFARS section 252.227-7015 (or any equivalent or subsequent agency regulation thereof), and is provided as “commercial items,” “commercial computer site” and/or “commercial computer site documentation.” Consistent with DFARS section 227.7202 and FAR section 12.212 and to the extent required under U.S. federal law, the minimum restricted rights as set forth in FAR section 52.227-19 (or any equivalent or subsequent agency regulation thereof), any use, modification, reproduction, release, performance, display, disclosure or distribution thereof by or for the U.S. Government shall be governed solely by these Terms and shall be prohibited except to the extent expressly permitted by these Terms.
14.9 The Company reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms, (iii) investigate any information obtained by the Company in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with criminal laws, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and (vi) discontinue the Site, in whole or in part, or suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party.
Any suspension or termination will not affect your obligations to the Company under these Terms.
Upon suspension or termination of your access to the Site, or upon notice from the Company, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site.
The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to the Company in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and no class action.
After initial sign up, customer will be able to login right away as well as receiving an email link with the login portal hyper link in order be able to access. Customer can access the purchased content 24/7 through the portal using the login portal. If the user forgets their password, the “forgot password” option is available.”
Should you have any questions, complaints, or claims with respect to the Terms, please contact us by: [email protected].
The Company does not provide any guaranteed response time, but will make a good faith effort to answer questions within five (5) business days.
