Last Updated: August 21, 2018
The Services are offered and available to users who are at least 18 years of age or older (“Us-ers” or “Company Users”). By using these Services, you represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Ser-vices.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND COMPA-NY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE AR-BITRATION.
Basic Terms and Rules of Conduct
The Services may include links to other internet sites maintained by other Users or third parties (“Linked Sites”). Company provides Linked Sites to You solely as a convenience, and the inclu-sion of Linked Sites does not imply endorsement by Company of such Linked Sites. You access Linked Sites at your own risk and by accessing them, You may leave the Services. Linked Sites are not under the control of Company and Company is not responsible for the contents of any Linked Sites.
Service and Product Specific Conditions
In addition to the foregoing terms and conditions, You agree to abide by the following terms and conditions based on your use of specific Company Services and products as relevant. Any Company Content provided to You in connection with your use of the Services is for individual noncommercial use only, subject to the limited license granted with each Service License (de-fined below), or other product offering:
Claims of Infringement
Disclaimer of Warranties
THE SERVICES, INCLUDING, WITHOUT LIMITATION, COMPANY CONTENT, IS PROVID-ED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY, KATHRIN ZENKINA, NOR THEIR PARENT COMPANY, ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IM-PLIED, AS TO: (A) THE SERVICES (INCLUDING THE COURSES AND PRODUCTS); (B) THE COMPANY CONTENT; (C) USER CONTENT (INCLUDING COMMENTS); OR (D) SE-CURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY OR VIA THE SERVICEs. IN ADDITION, THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WAR-RANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRA-TION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE COMPANY PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RE-LATED TO: (A) THE SERVICE; (B) THE COMPANY CONTENT; (C) USER CONTENT (IN-CLUDING COMMENTS); (D) YOUR USE OF, INABILITY TO USE, OR THE PERFOR-MANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVES-TIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES RE-GARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, IN-TERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, IN-CLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOOD-WILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAIL-URE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE COM-PANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJU-RY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. YOU EX-PRESSLY ACKNOWLEDGE AND AGREE THAT SOME OF THE EVENTS, ACTIVITIES OR ACTIONS TAKEN BY YOU WHETHER IN CONNECTION WITH THE SERVICE OR OTH-ERWISE CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF SERVICE DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED THEREWITH EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION OR INACTION OR NEGLIGENCE OF COMPANY OR BY THE ACTION, IN ACTION OR NEGLIGENCE OF OTHERS. YOU EXPRESSLY AGREE THAT COMPANY DOES NOT ASSUME RESPONSIBILITY FOR THE SUPERVISION, PREPARATION, OR CONDUCT OF ANY ACTIVITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITA-TION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR AC-TION EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PUR-CHASED FROM COMPANY, AND IF NO PURCHASE HAS BEEN MADE BY YOU, COM-PANY’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROD-UCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, SERVICE, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES.
BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUS-PECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENE-FITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RE-LEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EM-PLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UN-KNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
Our Customer Service specialists are ready to assist you and address your concerns: email firstname.lastname@example.org.
Time Limitation on Claims.
You agree that any claim you may have arising out of or related to your relationship with Com-pany must be filed within one (1) year after such claim arose; otherwise, your claim is perma-nently barred. This provision expressly survives the termination of your relationship with Compa-ny.
Governing Law & Venue.
Order Confirmation and Product Availability.
Product or Course availability on our Website or via the Services is not guaranteed as it may be low or out of stock. We will email You to confirm the placement of your order and with details concerning product delivery. In the event there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. You can always verify availability by emailing our Customer Services at email@example.com.
Service and Product Information
The prices displayed on the Website are quoted in U.S. dollars, unless otherwise indicated. Please note that while we have tried to accurately display the colors of products, the actual col-ors you see will depend on your monitor, display, or device and may not be accurate.
Returns and Refunds.
Please refer to your respective Service License for the return policy related to your Course or Product purchase.
For any questions about your specific order please email firstname.lastname@example.org.