Sandrow Consulting Continuity Agreement 

 
Congratulations!! You are on your path towards creating your own Telemedicine Practice, which will give you freedom and choices back in your life. You are creating the  foundation for a life of flexibility, & freedom and you are reprioritizing your life to better  align with the needs of you and your family.  
If you wish to continue on your path of transformation with the support of our community, coaching, guest speakers and networking, now is the best opportunity for you to join  while momentum is high.  
You’ve seen the benefits that coaching and community has on your ability to improve  self-confidence, increase your belief, heighten your self-awareness and gain additional  perspectives. You are just beginning this new phase of your career/life. Let’s make life  easier! YOU have everything it takes to create the life of your dreams! Sometimes you  just need a different pair of glasses to see with, or a hand to hold to encourage you along  the way, or a door opened for you. 
You get to decide that you will be at the foundation of where telemedicine is changing  our health care model.  
This agreement is between you and Sandrow Consulting LLC. The mentorship and¬† coaching will help accelerate your process of getting from where you are currently ‚ÄĒ to¬† where you want to be in the future, leveraging telehealth.¬†¬†

 

Terms and Conditions of Use 

Please read these Terms and Conditions of Use (TOU) carefully. You must agree to these  TOU before you are permitted to use any of Sandrow Consulting’s digital or downloadable resources, online course, one-on-one or group coaching, program, workshop, or  training, or enter any online private forums operated by Sandrow Consulting, whether  on a website hosted by Kajabi, or a third-party website such as an online course platform,  or community-based/web-based platform. 
If you do not agree with these TOU, you may not use the Program. As used in these TOU, the term ‚ÄúReleases'' is defined to include the following: (i) Sandrow Consulting its subsidiaries, affiliated companies, owners, members, managers,¬† directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively ‚Äúthe Company‚ÄĚ); (ii) any Company volunteers; and (iii) Cherisa Sandrow, Alex Sandrow¬†
  1.  The Continuity Program is ALL INCLUSIVE. Access to EVERYTHING we do. 1. Group Coaching monthly
  2. New Teaching Topics or Guest Speaker monthly from both Alex on Mind Health/ Entrepreneurship and Cherisa on Telemedicine. 
  3. Access to all live cohorts without additional costs. 
  4. Continued networking opportunities. Ultimately we will be building a net working platform that you will have access to. Until then, in this group we will continue to make introductions and network for you as needed. 
  5. Office hours weekly to answer questions, help w resume, review contracts,  discuss negotiations, discuss state licensing and any other questions that come up  that you feel comfortable asking in a group format. 
  6. ALL Groups will have access to the Wellness Retreat. 
The Company reserves the right to offer additional Program elements from time to time,  for any subgroup of participants. These additional Program elements are a bonus, not a  part of the services included in the base version of the Program. The selection of the participants who may participate in any additional Program elements are at the sole discretion of the Company. 

 

Participants 

If you wish to participate in another session of the Program in the future or purchase any  other products, programs or services from the Company, all terms of these TOU will continue to apply unless superseded by another agreement in writing. 
This Program is intended and only suitable for Physicians who have graduated from  medical school, completed residency and are either Board Certified, or Board eligible.  
Payment - At current price agreed upon during the time frame when you registered. You are locked into the rate that you commit to, for the lifetime of your  continuous annual membership, should the price increase in the future, as long as  you remain a client continuously.  
You agree to the fees and payment schedule selected at checkout.  
If paying by debit card or credit card, you give us permission to automatically charge  your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You  also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment  service providers (e.g., credit card transaction processing, merchant settlement, and relat ed services). 
If payment is not received by the due date, you will have a five (5) days [or other time  period] grace period to make the payment, otherwise the Program will not continue and  we reserve the right to terminate your access to the Program and all Content, as defined  below, immediately and permanently. 
If you fail to make any payment in a timely manner or voluntarily withdraw from the  Program at any time or for any reason, you will remain fully responsible for the full cost  of the Program and all payments in any payment plan you have chosen. The Company  reserves the right to charge a late fee on all balances more than thirty (30) days overdue.  You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment. 

 

Refunds 

Your satisfaction with the Program is important to us. To receive a refund of any Program  fee, you must cancel your participation in the Program by the earlier of: (i) 30 days after  payment of the Program fee; or (ii) the date the Program begins.  
In all other cases, because of the extensive time, effort, preparation and care that goes  into creating and providing the Program, the Company has a no refund policy. Unless  otherwise provided by law, you acknowledge that we do not offer refunds for any portion  of your payment for any of our Program and no refunds will be provided to you. By using  and/or purchasing the Program, you understand and agree that, except for the limited  refund period described above, all sales are final and no refunds will be provided. 
Company will NOT provide refunds for any request that comes more than 30 days following the date of purchase. After the start of the program, all payments are non-re fundable and you are responsible for full payment of the fees for the Program regardless  of whether you complete the Program. 
Please note: If you opted for a payment plan and you do not request a refund within 30  days, you are required by law to complete the remaining payments of your payment  plan. 
Upon determining that you are entitled to a refund pursuant to this policy, the Company  will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds. 
If you receive a refund, that shall immediately terminate any and all licenses granted to  you to use the material and Content, as defined below, provided to you under this TOU.  You shall immediately cease using the material and Content and shall destroy all copies  of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media  groups limited to paying participants, and other resources. 
All refunds are discretionary as determined by the Company. To further clarify, the Company will not provide refunds for requests made after the 30 days from your date of purchase, or after the start of the program, and all payments must be made on a timely basis.  
Company reserves the right, in its sole discretion, to determine how to discipline a participant who violates these TOU. Therefore, if a participant disagrees with how the Company disciplines another participant and requests a refund, the Company will deny such request. 
Furthermore, if a participant violates these TOU, the Company reserves the right, in its  sole discretion, to offer the participant another opportunity to abide by these TOU. If a  participant disagrees with the Company offering another participant a second opportunity to follow these TOU, no grounds for a participant to receive a refund would be created, and any request for a refund on this basis shall be denied. 
If, in the Company’s sole right and discretion, you persist with behaviors or actions that  violate these TOU, the Company may terminate your access and participation in the Program without notice and without refund.  
Since we have a clear and explicit refund policy in these TOU that you have agreed to  prior to completing the purchase of the Program, we do not tolerate or accept any type  of chargeback threat or actual chargeback from your credit card company or payment  processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit  reporting agencies or to any other entity for inclusion in any chargeback database or for  listing as a delinquent account, which could have a negative impact on your credit report  score. The information reported will include your name, email address, order date, order  amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

 

Intellectual Property Rights and Ownership of the Content 

The words, videos, voice and sound recordings, training materials, design, layout,¬† graphics, photos, images, information, materials, documents, data, databases and¬† all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host¬† the Program, and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (‚Äúthe Content‚ÄĚ) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by¬† copyright, trademark, and other intellectual property laws.
 
The Company’s Limited License to You 
If you view, purchase or access any Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non transferable license for personal, non-commercial use only, limited to you only.  
This means you may view, download, print, email and use one copy of individual pages  of the Program and Content for your own personal purposes or your own business  only.  
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute¬† to friends, family, or any other third party, or otherwise use any material from the¬† Program or Content for commercial purposes or in any way that earns you or any¬† third party money (other than by applying them generally in your own business)¬† without specific permissions. By downloading, printing, or otherwise using the Program or Content for personal use you in no way assume any ownership rights of the¬† Content ‚Äď it is still Company property. Any unauthorized use of any materials¬† found in the Program or Content shall constitute infringement.¬†¬†
You must receive our written permission before using any of the Program or Content for your own commercial use or before sharing with others. 
The trademarks and logos displayed on the Program or Content are trademarks belonging to the Company, unless otherwise indicated. Any use including framing,  metatags or other text utilizing these trademarks, or other trademarks displayed, is  strictly prohibited without our written permission. 
All rights not expressly granted in these terms or any express written license, are  reserved by us. 
 
Unauthorized Use 
Your use of any materials found in the Program or Content other than that expressly authorized in this TOU or by a separate written assignment, is not permitted¬† (‚ÄúUnauthorized Use‚ÄĚ). You agree to pay liquidated damages of five (5) times the total fees paid for the Program in the event of your Unauthorized Use, or a minimum of five thousand dollars ($5,000.00), whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a¬† penalty but an agreed liquidated damages charge for the Unauthorized Use.¬†¬†
You agree that any violation or threatened violation of the Intellectual Property  Rights terms in these TOU would cause irreparable injury to the Company that may  not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies. 
 
Your License to the Company; Use in Testimonials and Marketing.  
By posting or submitting any material during the Program such as comments, posts,  photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18  years old. You are also granting us, and anyone authorized by us, an unlimited,  royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license  to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute,  and/or publicly perform or display your contributions, in whole or in part, in any  manner or medium, now known or developed in the future, for any purpose, and  granting us the right to make it part of the Company’s current or future Program  and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you  or compensation by us to you.  
You also consent to photographs, videos, and/or audio recordings, including tele conference calls, webinars, or other communications, that may be made by the  Company during the Program that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by  you to the Company or created by the Company in connection with your participation in any Program, without compensation to you at any time, now or at any time  in the future.  
You also grant us, and anyone authorized by us, the right to use your likeness and  identify you as the author and individual depicted in any comments, posts, photos,  images, videos or other contributions created by you or the Company, or by name,  
email address, or screen name, for any purposes, including commercial purposes  and advertising. You acknowledge that we have the right but not the obligation to  use any contributions from you and that we may elect to cease the use of any such  contributions in the Program or in our Content at any time for any reason.  
This means you give the Company permission to use anything you submit or post in  the Program or any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Program, including  images in which your face is visible and recognizable.  
Request for Permission to Use the Content 
If you wish to use any of the Content, or any other intellectual property or property¬† belonging to the Company, you should request permission in writing BEFORE you¬† use the Content by sending an email to [email protected].¬†
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the  Company does not specifically give you written permission, you agree now that you  will be treated as if you had copied, duplicated and/or stolen such Content from us,  and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and  Content. 

 

Coach-Client Relationship 

The coaching relationship is co-creative, meaning that the coaches and you are  equal partners in the coaching process. 
Your Coaches’ Responsibilities 
‚óč Your coaches are trained to use communication skills and coaching tools to support you as an equal partner throughout the coaching process.¬†
‚óč Your coaches will provide individual guidance to group participants based on¬† information provided to the coaches.¬†¬†
‚óč Your coaches will answer questions through whatever forum your Program¬† provides, such as via the Company‚Äôs website, a social media forum, live event,¬† private message or live group coaching call, community site, private message¬† or email.¬†
Your Responsibilities 
‚óč You agree to complete all tasks assigned during the Program, including but not¬† limited to watching or listening to videos, completing worksheets and assignments, and attending coaching sessions.
‚óč You agree that your relationship with the Company is that of a coach-client relationship and that no other professional relationship has been established. ‚óč You agree that coaching is not to be used as a substitute for professional advice¬† of any kind, including medical, mental or other qualified professional help and¬† you agree to seek professional guidance for such matters, should they arise, independent of the coaching relationship.¬†
Your Conduct 
The Program is a ‚Äúpitch free zone.‚Ä̬†
We do have a resource center where we are happy to consider adding your program,  product or service to, including any discounts or affiliates.  
You can email [email protected].¬†¬†
You agree you will not pitch, promote, market, or sell any other products, groups,  programs, or events to Program participants on any Company website or third-party  forums operated by the Company, whether or not officially sanctioned, owned, or operated by the Company.  
This means you agree not to form, or ask Program participants to join, ‚Äúshadow‚ÄĚ groups on social media or any other platform, or in-person meetups, based on interests or locality. You agree you will not invite Program participants to participate in¬† events, such as a meetup, seminar, or athletic competition, without first receiving approval from the Company. You agree not to market, promote, or sell products or services such as essential oils, exercise DVDs, nutritional supplements, coaching services,¬† or other products or services to Program participants, unless you are authorized or requested to do so by the Company.¬†
Please choose carefully the materials that you upload to, submit to, or embed on any  website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums  operated by the Company may become public.  
You are responsible for Your Material and for any liability that may result from any  material you post. You participate, comment, and post material at your own risk. Any  communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or  private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing,  knowingly false, defamatory or obscene or otherwise in violation of any law or the  rights of others. You agree to post comments or other material only one time.
You are strictly forbidden from the following: 
  • ¬†Harassing, fighting with, or being disrespectful to other participants¬†
  • Causing damage to any Company website or third-party forums operated by¬† the Company¬†
  • Using any Company website or third-party forums operated by the Company¬† for any unlawful, illegal, fraudulent or harmful purpose or activity¬†
  • Using any Company website or third-party forums operated by the Company¬† to copy, store, host, transmit, send, use, publish or distribute any spyware,¬† virus, worm, Trojan horse, keystroke logger or other malicious software¬†
  • Using any Company website or third-party forums operated by the Company¬† to transmit, send or deliver unsolicited communications or for other marketing¬† or advertising purposes¬†
  • Systematically or automatically collecting data from any Company website or¬† third-party forums operated by the Company¬†
  • ¬†Sharing private and proprietary information from other participants with any one else.¬†
  • ¬†Discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status,¬† disability, or other labels¬†
The Company does its best to create a safe and welcoming space for all participants,  however, the Company cannot guarantee that all participants will follow these guidelines.  Company, in its sole discretion, may remove any participant’s comments, posts, content  or materials, however, Company does not have a duty to review all comments, posts,  content and material shared within any online private forums or groups or on any group  call. Therefore, the Company shall not be held liable for any participant’s comments, actions,  posts, content or materials that result in another participant’s trauma or discomfort. 
Sandrow Consulting created the Program to encourage participants to step outside of  their comfort zone and to foster connections, engage in vulnerable dialogue and meet  individuals from different racial, gender, and socio-economic backgrounds. Participants  in the Program are encouraged to actively participate in dialogue and interactions with  other participants. Without participation, the principles of which the Program was  founded would be pointless.  
If, in the Company’s sole discretion, your conduct violates these TOU in any way, you  agree that the Company may immediately and permanently terminate your participation  in the Program and your access to the Content without refund.  
The Company, in its sole discretion, may delete or modify, in whole or part, any post,  comment or submission to the Company’s and any third-party forums operated by the  Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes  any representations as to the truthfulness or validity of any third-party posts, comments,  or material on the Company website or any third-party forums operated by the Company.  The Company shall not be responsible or liable for any loss or damage caused by third party posts, comments, or materials on the Company website and any third-party forums  operated by the Company. 

 

Confidentiality 

Company is not legally bound to keep your information confidential. Nevertheless,  the Company agrees to keep all information about the coaching relationship confidential except when disclosure is required by law, for example if a court issues a  subpoena for the file or information, or if you threaten to harm yourself or others.  You acknowledge that your communications with your coach are not covered by  any doctor-patient privilege or other privilege. 
Confidential information does not include information that was in the Company’s possession prior to your participation in the Program; is generally known to the public or in your circle of friends and family and co-workers; or the Company may be required by law to disclose.  
You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant. You agree to keep all information you  learn about other Program participants, their businesses, or clients (as applicable),  strictly confidential except in very rare circumstances where disclosure is required  by law. 
The Company may record coaching calls and share them in the Program. 
You agree you will not share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website or any third-part forums operated by the Company. If the Company discovers you have done so, this  will be grounds for immediate termination of your access to the Program and Content. 

 

Username and Password 

To access certain features of the Program, including any private membership areas,  you may need a username and password. It is your responsibility to inform the Company before the Program start date if you do not receive an email containing your  password to access the Program. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company  has reasonable grounds to suspect that you have provided false information, shared  your username and password with anyone else, or forwarded any non-public material  from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or  any Content, in whole or part, without refund. Any personally identifiable information  you provide as part of the registration process is governed by the terms of the Company's website Privacy Policy. 


Termination or Cancellation 

The Company reserves the right in its sole discretion to refuse or terminate your access to the Program and Content, in full or in part, at any time without notice. The  Company may terminate your participation in the Program at any time, without refund, if you breach any part of these TOU. In the event of cancellation or termination,  
you are no longer authorized to access the part of the Program or Content affected by  such cancellation or termination. The restrictions imposed on you in these TOU with  respect to the Program and its Content will still apply now and in the future, even after termination by you or the Company. 
If you would like to cancel your access and participation in the Program, you must  provide the Company with written notice (including e-mail). You will continue to have  access to the materials and Content of the Program until the end of the then-current  cohort OR Your access to the materials and Content of the Program will be immediately terminated upon your notice of cancellation. You will not be issued a refund for any  remaining days or months of the Program after your cancellation, unless you have discussed specific extenuating circumstances for which Sandrow Consulting has agreed  to refund you.
In the event you decide to cancel, any default, or late payments will be due immediately. 

 

Personal Responsibility, Assumption of Risk, Release, Disclaimers 

Your participation in the Program does not establish a doctor-patient attorney-client, counseling, or accountant-client relationship of any kind between you, the  Company, or anyone providing coaching services on behalf of the Company.  
Although Cherisa Sandrow is a Family Practice Physician, and Alex Sandrow is a  licensed Chiropractic Physician and other employees or contractors of the Company may be Lawyers, Accountants, Bookkeepers or other professionals, your participation in the Program does not establish a doctor-patient or similar relationship of  any kind between you, the Company, employees or contractors of the Company. 
  1. The Program and Content provide information and education only, and do not  provide any financial, legal, medical or psychological services or advice. None of  the Program or Content prevents, cures or treats any mental or medical condition.  The Program and Content is not intended to be a substitute for professional advice  that can be provided by your own accountant, lawyer, financial advisor, or medical  professional. You are responsible for your own financial, legal, physical, mental  and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program. 
  2. You agree that you will not use coaching as a way of diagnosing or treating mental  disorders as defined by the American Psychiatric Association. If you are in therapy  or under the care of a mental health professional, you will notify and consult with  the mental health care provider regarding your decision whether to work with a  coach. 
  3. You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk  and responsibility for injuries to any persons or damages to any property, and re lease, covenant not to sue, and hold Releases harmless for any and all liability to  you, your personal representatives, assigns, heirs and next of kin, for any and all  claims, causes of action, obligations, lawsuits, charges, complaints, controversies,  damages, costs or expenses of whatsoever kind, nature, or description, whether  direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releases.  This release is not intended as an attempted release of claims of gross negligence  or intentional acts by Releases. 
In the event that the release and hold harmless provision is held unenforceable for  any reason, you agree to limit any damages claimed to the total paid to the Company for the Program. 
  1.  Earnings and Results Disclaimer: You agree that the Company has not made and  does not make any representations about the earnings or results you may receive  as a result of your participation in the Program. The Company cannot and does not  guarantee that you will achieve any particular result or earnings from your use of  the Program, and you understand that results and earnings differ for each individual. 
  2.  Any links to third-party products, services, or sites are subject to separate terms  and conditions. The Company is not responsible for or liable for any content on or  actions taken by such third-party company or website. Although the Company may  recommend third-party sites, products or services, it is your responsibility to fully  research such third parties before entering into any transaction or relationship  with them. 
  3.  The Company tries to ensure that the availability and delivery of the Program and  Content is uninterrupted and error-free. However, the Company cannot guarantee  that your access will not be suspended or restricted from time to time, including to  allow for repairs, maintenance or updates, although, of course, we will try to limit  the frequency and duration of suspension or restriction. 
  4. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH  THE PROGRAM AND CONTENT ARE PROVIDED “AS IS'' AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED  WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM OR ANY OF  ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS  WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE,  ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 
  5. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS CONTENT, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR  SERVICES MADE AVAILABLE THROUGH THE PROGRAM. 

Security

You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties not under our control.  
The Company does not guarantee the security of any information transmitted via the  Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with the Company are done at your own risk.  

 

Legal Disputes 

These TOU shall be governed by and construed in accordance with the laws of the  State of Oregon without giving effect to its conflict of laws principles. The state and  federal court nearest to Bend OR shall have exclusive jurisdiction over any case or  controversy arising from or relating to the Program or Content, including but not limited to the Company’s Privacy Policy or these TOU. By using the Program or Content,  you hereby submit to the exclusive jurisdiction and venue of these courts and consent  irrevocably to personal jurisdiction in such courts and waive any defense of forum non  conveniens. The prevailing party in any dispute between the parties arising out of or  related to these TOU, whether resolved by negotiation, mediation, or litigation, shall  be entitled to recover its attorneys’ fees and costs from the other party
 

Users Outside United States

The Company controls and operates the Program from offices in the United States.  The Company does not represent that the Program or its Content are appropriate or  available for use in other locations. People who choose to access the Program from  other locations do so on their own initiative and are responsible for compliance with  local laws, if and to the extent local laws are applicable. 
 

Indemnification 

You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its  and their employees from and against any and all claims, damages, obligations, losses,  liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program or Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty  made by you herein, (iii) any comment, post, or material you submit to the Company’s  website or any third-party forum or website operated by the Company, (iv) your use of  materials or features available on the Program or Content (except to the extent a  claim is based upon infringement of a third-party right by materials created by the  Company) or (v) a violation by you of applicable law or any agreement or terms with  a third party to which you are subject. 
 

Force Majeure 

The Company shall not be deemed in breach of this TOU if the Company is unable to¬† complete all of the Program or any portion thereof by reason of fire, earthquake, labor¬† dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity¬† of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company‚Äôs control (collectively,¬† ‚ÄúForce Majeure Event‚ÄĚ). Upon occurrence of any Force Majeure Event, the Company¬† shall give notice to Client of its inability to perform or of delay in completing the Program and shall propose revisions to the schedule for completion of the Program or¬† other accommodations, or may terminate this TOU.¬†
 

General Provisions. 

The Company may modify the terms of this TOU at any time. All modifications shall  be posted on the Company’s website and participants shall be notified. If any provision of this TOU is held invalid or unenforceable, the remainder of this TOU will remain in full force and the invalid or unenforceable provision will be replaced by a  valid or enforceable provision.  
This is the entire agreement of the parties, and reflects a complete understanding of  the parties with respect to the subject matter. This TOU supersedes all prior written  and oral representations. 
By clicking on the box when signing up for the Program, you are providing the  electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document. If you do not agree with these TOU,  do not purchase or use the Program or Content. 
Updated on 8/10/2023