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These Terms of Service (“Terms”) are entered into between you and Project Success Academy, LLC (“Project Success Academy”, “PSA”, “we”, “us” or “our”). These Terms, together with any documents expressly incorporated herein, govern the rights related to our website, courses, seminars, classes, events, their functionality and/or other services (“Services”) and associated materials, documents, downloads, content, and/or other products offered by us (“Products”). Products and Services collectively are referred to herein as our “Materials”.
Please read these Terms carefully.
By signing up for, accessing, or using any of our Materials, you agree to be bound by these Terms.
If you do not want, or if you are unable to agree to these Terms, including the agreements incorporated by reference, you must not access or use the Materials.
You may use our Materials only if you can form a binding contract with PSA, and only in compliance with these Terms and all applicable laws. By using any Materials, you represent that you have the authority to bind yourself and any third party on whose behalf you may be acting (such as your employer) and otherwise assume personal responsibility for compliance with these Terms. You alone are responsible for using our Materials in compliance with these Terms and all applicable laws and regulations.
You warrant to PSA that you will not use the Materials or any of the resources, such as third-party materials, for any purpose that is unlawful or prohibited by these Terms. You may not use the Materials in any manner that could damage, disable, overburden, or impair the Materials or interfere with any other party’s use and enjoyment of the Materials. You may not obtain or attempt to obtain any Materials through any means not intentionally made available or provided to you by PSA.
Any use or access of the Materials by anyone under the age of 18 is prohibited, and certain geographic regions and Materials may have additional requirements and/or restrictions.
You may not use the Materials if you are located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country.
Your use of the Materials may depend upon your device, such as a computer, desktop, or tablet, meeting certain system or software requirements or specifications and those requirements may change over time. You acknowledge and agree that you are solely responsible for continually ensuring that your device meets the requirements needed to use the Materials, including purchased Materials.
PSA hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, fully revocable, right to use our Materials for your own personal or internal business use. The Materials, and each of them, are for one individual’s use. Except as otherwise provided, you agree you will not share, modify, modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials without the express written consent of PSA. You further agree that you shall not offer any competing products or services based upon, derived from, incorporating, or exploiting any information contained in the Materials. You may not use, or cause to be used, any Materials except in accordance with these Terms. Any right not expressly provided to you herein is reserved to PSA.
PSA reserves the right to cancel, interrupt, reschedule, or modify any Materials, or change what is included in any Materials at any time without notice. We will not be liable if, for any reason, all or any part of the Materials are unavailable. From time to time, we may restrict access to all or part of the Materials, including but not limited to Materials purchased for a fee.
PSA may, from time to time, provide or reference materials from a third party. PSA does not control the information provided by third parties, is not responsible for investigating the accuracy of any information provided and cannot guarantee the accuracy of any statements made by third parties. PSA disclaims any responsibility or liability related to your access or use of, or inability to access and use, such third-party content. PSA cannot guarantee that any third-party content will be free of material you may find objectionable or otherwise inappropriate or free from malware or other contaminants that may harm your computer, mobile device, or any files therein.
Through the Materials, you may have access to, or be referred to, external resources provided by third parties. You acknowledge and accept that PSA has no control over such resources; is in no way responsible for third-party materials; and makes no representations or warranties regarding third-party materials, including but not limited to content, accuracy, and/or availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in or to the use of content, result from each third party’s terms and conditions and applicable statutory law. PSA does not grant or make any representation regarding any rights of any third party in or to their own materials.
You may see advertisements provided by third parties. PSA does not control or moderate the links included in any advertisements displayed via the website. If you access any third-party advertisement, you will be interacting with the third-party responsible for that advertisement. PSA is not responsible for any matters resulting from such interaction with third parties, from visiting third-party websites, or using third-party content.
You may share your suggestions, ideas, comments, and other feedback regarding the Materials, including and in addition to, your content, posts you make in forums, comments, questions, and answers about the Materials and related matters ("User Content"), with PSA, its instructors, and/or other users.
By providing User Content you affirm that you are legally allowed to do so and that you are not violating any law, regulation, contractual obligation, and/or third-party’s rights. You acknowledge and agree that by virtue of the User Content’s relation to the Materials, PSA owns all rights title and interest to User Content, including any intellectual property rights, trademarks, copyrights, licenses, rights of use, and any “moral rights” therein. To the extent permitted by applicable law, you waive any and all rights you may retain, including moral rights in connection with your User Content.
PSA reserves all rights to use and make use of User Content, including the right to modify, remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny you from uploading, accessing, using or distributing any User Content.
PSA is the exclusive owner of all intellectual property rights in and to the Materials and any User Content; PSA expressly reserves all rights, title, and interest, including all “moral rights” therein. Nothing contained herein shall be interpreted to grant you any rights, title, or interest in any of our intellectual property.
Our name, the PSA logo, and all related names, logos, Materials names, designs, and slogans are the intellectual property of PSA, its affiliates, or licensors. You may not use such intellectual property without the prior written permission of PSA. All other names, logos, product and service names, designs, and slogans are the intellectual property of their respective owners.
You hereby agree that any infringement of Project Success Academy’s intellectual property by you shall result in an immediate termination of the right of use granted hereunder and you shall not be entitled to a refund of any kind. Nothing contained in these Terms shall limit our rights or remedies in relation to our intellectual property, including but not limited to all relief available at law or equity.
As a condition of using the Materials, you hereby agree to respect the privacy of other users and to respect other user’s content and Project Success Academy’s confidential information. You agree not to share any Products or other user’s content provided by PSA or other users during the Services outside of the bounds of the Services unless you receive express written permission from such other participants and PSA to share the information.
Neither the PSA nor any of its owners, employees, affiliates, representatives, contractors, or assigns, shall be held liable or responsible for any errors or omissions in the Materials.
By using the Materials, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the Materials.
You agree that PSA has not made any guarantees about the results of any action you may take which is informed, recommended, otherwise related to or resulting from the Materials. PSA provides educational and informational resources that are intended to help users of the Materials succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of PSA.
You also recognize and acknowledge that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of PSA or otherwise – applying the principles set out in the Materials are no guarantee that you or any other person or entity will be able to obtain similar results.
If requested or required to provide information when or as a condition of using certain Materials, you agree to provide us with such information and by so doing represent and warrantee that it is accurate and complete information; further you agree to update your information to keep it accurate and complete. It is a condition of your right to use the Materials that all the information you provide to us is correct, current, and complete.
All information you provide to us is governed by our Privacy Policy which is not part of these Terms but is set forth at
https://corbeau-44343859.hubspotpagebuilder.com/privacy-policy?hsLang=en. You hereby affirm you have read and agree to all the terms of our Privacy Policy and consent to actions we take with respect to your personal information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Materials or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for physical access to and security of your username, password, or other security information. PSA will not be responsible for any loss arising out of or relating to your account security information, its unauthorized, or negligent use or disclosure.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
PSA cannot guarantee that unauthorized third parties will not be able to defeat our security measures and make no representation regarding the security of your individual user accounts. You agree not to share, store, provide or otherwise disclose to PSA any confidential, sensitive, or proprietary information; and you hereby expressly release PSA from any damages relating to its unauthorized, accidental, or negligent disclosure.
You must notify PSA immediately if you think your personal account information has been violated, unduly disclosed, or stolen.
As a condition of your use of the website, you warrant to the Company that you will not use the website or any of the resources available for download from the website for any purpose that is unlawful or prohibited by these Terms. You may not use the website or any of the resources available for download from the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website.
PSA offers certain Materials for a fee. All fees are quoted in U.S. Dollars. You are responsible for paying all fees charged for the Materials and applicable taxes in a timely manner with a payment mechanism associated with the Services.
If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and PSA reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant forum. All purchases of Materials are non-refundable, except as required by applicable law.
Some payment methods may only be available subject to additional conditions or fees as identified at the time of purchase. All payments are independently processed through third-party services. PSA does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fails or is refused by the payment service provider, PSA is under no obligation to fulfill the purchase order. You shall bear any costs or fees resulting from your failed or refused payment.
You agree to indemnify, defend, and hold harmless PSA, its members, managers, affiliates, employees, representatives, contractors, and assigns (collectively “PSA Parties”) from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
THE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE PSA PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. THE PSA PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE MATERIALS. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE MATERIALS IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PSA PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE MATERIALS; OR (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE PSA PARTY; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL THE PSA PARTIES' AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE MATERIALS EXCEED ONE HUNDRED U.S. DOLLARS ($100).
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF SERVICE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND PSA AND THE PSA PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS FOR PSA'S ABILITY TO MAKE THE MATERIALS AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE MATERIALS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
You agree that any dispute related to these Terms will be governed by the laws of the State of Oklahoma, excluding its conflicts of law provisions. Without limiting the following paragraph, you further consent that the District Court in and for Oklahoma County of the State of Oklahoma, and the United States District Court for the Western District of Oklahoma have exclusive jurisdiction over any dispute arising out of or relating to the subject matter of these Terms.
Excluding claims for injunctive or other equitable relief, all disputes shall be exclusively resolved the claim through binding, non-appearance-based arbitration. The dispute will be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and PSA. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to provide notice of such changes. In all cases, your continued use of the Materials after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
If any term or provision of these Terms are invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the offending provision may be stricken and rewritten by the authority so determining such invalidity so as to conform as closely as possible to the original while being legally enforceable, such rewriting of an offending provision by one authority shall not affect the interpretation of the same or any other provision by another authority.
PSA’s failure to enforce any of its rights or any of your obligations under these Terms is not a waiver of any of its rights or your obligations hereunder. Likewise, a waiver of a breach of any provision of these Terms shall not affect or waive a prior or subsequent breach of the same provision or a breach of any other provision in these Terms.
These Terms constitute the entire agreement between the Parties with respect to the subject matter contained herein and supersede any prior agreements, negotiations, understandings, or other matters, whether oral, electronic or written.
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
