Terms of service
These Terms of Service (TOS) are a binding agreement between you as User (whether as an individual or in a corporate capacity) and T.L.C. 828 Enterprises, LLC d/b/a Protégé to Pro (“P&P”), which will govern the relationship between P&P, users of the website and third-party website host (e.g. Kajabi) and anyone who purchases a Program as defined below, from P&P. By using the website and third-party website host, interacting with or purchasing a Program from P&P, User agrees to be bound by these TOS and any subsequent changes, when the changes are published on the P&P website and third-party website host. P&P reserves the right to change the TOS at any time by publishing an updated version on the P&P website and third-party website host, and your engagement with the website and third-party website host, or purchase of a Program means you consent to the TOS. Do not use the website and third-party website host, or purchase a course or product if you do not agree to be bound by the TOS. The most-current version of this TOS published on the P&P website and third-party website host will be the controlling document.
P&P provides thought leadership services through, but not limited to, digital courses content (“Programs”). Programs offered may change at P&P’s discretion, with no prior notice. P&P does not have any responsibility to monitor the content on the P&P website and third-party website host, but does reserve the right to review or remove any website and third-party website host content, without notice, in P&P’s sole discretion, with no liability on behalf of P&P. P&P will cooperate with law enforcement authorities as required or requested under applicable law. Notwithstanding anything contained within this document to the contrary, P&P may, at its sole and absolute discretion, withhold Programs and other purchases or services if these TOS are breached or if any illegal or suspected illegal activity takes place, including breach of contract or fraud against P&P. P&P reserves the right to change or discontinue all or part of the website and third-party website host or the Programs. P&P is not obligated to continue running all or part of the website and third-party website host or Programs, nor shall P&P be liable for any harm to a User’s business or personal self as a direct or indirect result of a decision to alter, remove, or change the website and third-party website host or Programs without notice.
This website and third-party website host and the Programs are for educational and instructional purposes only. P&P cannot and does not guarantee any type of specific results, outcomes, changes, or gains or business success through purchase or use of the Programs or this website and third-party website host, whether legal, financial, medical, or otherwise. Use of any information contained on the website and third-party website host or in the Programs is purely voluntary. Programs are not to be relied upon in any way as medical, legal, financial, or business advice. Nothing contained on this website and third-party website host or within any Program is intended to take the place of specific professional advice.
By interacting with the website and third-party website host, or purchasing a Program, User represents that he or she is eighteen (18) years of age or older and is lawfully allowed to purchase a course or product. P&P does not knowingly collect information from minors.
Program purchases will be done through separate agreement(s), which may have additional or different TOS, in which case, the Program-specific TOS will control. Purchase of a Program constitutes acceptance and agreement to adhere to these additional and controlling TOS, if applicable. User agrees to remain financially responsible for any Program purchases made by User, or by another person acting on User’s behalf, regardless of the information provided at checkout. Should information become available at a later date confirming performance of unauthorized use of a credit card or other payment information belonging to someone other than User, User will still remain financially responsible for Program purchases.
ALL PROGRAMS ARE NON-REFUNDABLE UNLESS OTHERWISE EXPRESSLY STATED IN WRITING BY P&P. Cancellations and/or exchanges and/or returns and/or refunds are at the sole and absolute discretion of P&P. Programs may not be resold after purchase without the prior written consent of P&P. P&P is not responsible for any personal injury, damage or harm resulting from the purchase of a Program purchased from P&P. User is responsible for his or her own acts and omissions.
P&P is the sole and exclusive owner of all of its intellectual property (“P&P IP”), including but not limited to this website and third-party website host and the Programs and any other content or deliverable through a P&P controlled or owned platform. By interacting with the P&P site, User hereby allows the use of any feedback or comments provided through the P&P website and third-party website host or otherwise to P&P to be used for marketing, advertising and promotional purposes with no compensation. P&P IP includes but is not limited to text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available to P&P through its website and third-party website host, Programs or otherwise.
Purchase of a Program provides, subject to the Program-specific TOS, a limited, revocable, non-transferrable license to use the information available for personal, non-commercial use only. Upon termination or cancellation by any party, all payments due to P&P will become immediately payable and due. Upon notification of termination, any rights or licensed granted by P&P will automatically terminate. Notwithstanding anything contained within this document to the contrary, P&P may, at its sole and absolute discretion, withhold payment if the TOC are breached or if any illegal or suspected activity takes place, including breach of contract or fraud against P&P.
Users of the P&P website and third-party website host hereby acknowledge that the P&P website and third-party website host and its own content and services are protected by intellectual property laws, rules and regulations of the United States and foreign countries. Copyright, trademark, service mark or other proprietary rights notices of P&P must not to removed, altered or obscured. P&P IP may not be used by other parties without the express written consent of P&P’s authorized representative. If such behavior is discovered or suspected, P&P reserves the right to immediately revoke access to the website and third-party website host and the Programs, without refund, and reserves the right to prosecute any actionable infringement or misuse to the full extent of the law.
Users that interact with the P&P website and third-party website host, or purchase Program(s), are required to follow certain terms of conduct.
Terms of Conduct prohibit:
· the use of Programs sold by P&P for any commercial, governmental or other purposes that are not expressly permitted by P&P in writing;
· copying, storing or otherwise accessing any information contained on the website and third-party website host for illegal, unethical or immoral purposes
· interfering with or damage the P&P website and third-party website host, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
· using the P&P website and third-party website host to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, personal contact information or credit, debit, calling card or account numbers;
· using the website and third-party website host in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
· violating any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions, laws governing rental of residential and other properties, and tax regulations;
· using manual or automated software, devices, scripts robots, or other means or processes, including automated scripts, to collect information or otherwise interact with the website and third-party website host or to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the website and third-party website host;
· representing that you are an individual other than yourself;
· providing a false name, using an invalid or unauthorized credit card, or otherwise providing false, incorrect or misleading information
· “stalking” or harassing any other user of the P&P website and third-party website host; mistreating any P&P employees, contractors or other parties with actions including, but not limited to, using abusive language orally, verbally or in writing;
· post, upload, publish, submit or transmit any content of information, on social media or otherwise, that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
· using, displaying, mirroring or framing any or all of the content of P&P’s website and third-party website host, or any P&P trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without P&P’s advance express written consent;
· accessing, tampering with, or using non-public areas of the website and third-party website host;
· attempting to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
· avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure to protect P&P’s website and third-party website host, Programs and/or any content therein;
· attempting to decipher, decompile, disassemble or reverse engineer any of the software used to provide the website and third-party website host or the content therein;
· advocating, encouraging, or assisting any third party in doing any of the foregoing.
Users will defend, indemnify and hold P&P and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) access to or use of the website and third-party website host, including without limitation the Programs purchased thereby; (b) breach of these TOS; (c) content communicated by or through P&P; or (d) any claim arising out of or related to the Programs or P&P website and third-party website host, whether or not it is physical goods, including, but not limited to, any claims for false advertising, product defects, personal injury, death, or property damages.
THE PROGRAMS AND THE WEBSITE AND THIRD-PARTY WEBSITE HOST ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, P&P EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. P&P MAKES NO WARRANTY THAT: (i) THE PROGRAMS WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; OR (ii) USERS WILL PROFIT OR DERIVE ANY ECONOMIC BENEFIT FROM OFFERING OR PURCHASING PROGRAMS.
BY USING THE P&P WEBSITE AND THIRD-PARTY WEBSITE HOST OR PURCHASING PROGRAMS, USERS ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE USER ASSUMES THE ENTIRE RISK ARISING OUT OF ACCESS TO AND USE OF THE WEBSITE AND THIRD-PARTY WEBSITE HOST CONTENT AND PROGRAMS. P&P IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY FOR, ANY PERSONAL INJURY, DAMAGE OR HARM RESULTING FROM USE OF THE WEBSITE AND THIRD-PARTY WEBSITE HOST OR A PROGRAM. P&P HAS NO RESPONSIBILITY OR LIABILITY FOR POLICIES OF THIRD PARTY PAYMENT PROCESSING COMPANIES THAT FACILITATE PROGRAM PURCHASES. BY PURCHASING A PROGRAM, P&P AND THE PAYMENT PROCESSING COMPANY ARE INDEMNIFIED AND RELEASED FROM ANY DAMAGES INCURRED AS A RESULT OF THIS PROCESS, AND USER WILL NOT FILE OR ASSERT ANY CLAIMS AGAINST P&P OR THE PAYMENT PROCESSING COMPANY ARISING FROM THE PURCHASE OF A PROGRAM.
P&P IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PROGRAMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE WEBSITE AND THIRD-PARTY WEBSITE HOST OR THE PROGRAMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT P&P HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
IN NO EVENT WILL P&P’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO ACCESS THE WEBSITE AND THIRD-PARTY WEBSITE HOST OR THE PROGRAMS, EXCEED THE AMOUNTS THE CUSTOMER PAID TO OR WAS PAID BY P&P FOR PROGRAMS IN THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM OR ACTION.
User at all times will defend, fully indemnify and hold P&P and any affiliates, agents, team members or other associated party or affiliate harmless from any causes of action, damages, losses, costs, expenses incurred as a result of use of or purchase of Products, as well as any third party claims of any kind (including attorney’s fees) arising from User actions or omissions in relation to any breach of this TOS, or any other breach by User of P&P’s terms and conditions. Upon demand, User agrees to participate in any action and provide any evidence, documents, testimony, or other information requested by P&P, free of charge.
Any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of laws provisions. Legal and other notices may be provided to P&P at its corporate address located on the P&P website and third-party website host.
By accessing and using the website and third-party website host or purchasing Programs from P&P, and unless there is a separate written agreement with P&P, any dispute will be resolved by arbitration unless otherwise prohibited by law. Venue will be in Dallas County, Texas and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.
Notwithstanding anything contained within this document to the contrary, P&P may bring a lawsuit for injunctive relief to stop unauthorized use or abuse of the P&P website and third-party website host or content thereon, or intellectual property infringement (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration.
These TOS constitute the entire and exclusive understanding and agreement between P&P and User regarding the website and third-party website host, its content, and the Programs. If any provision of the TOS is held invalid or unenforceable that provision will be enforced to the maximum extent permissible and the other provisions of the TOS will remain in full force and effect.
The TOS are not transferable or assignable, by operation of law or otherwise, without P&P’s prior written consent, in its sole and absolute discretion. P&P may freely assign or transfer the TOS without restriction. Subject to the foregoing, the TOS will bind and inure to the benefit of the parties, their successors and permitted assigns.
P&P’s failure to enforce any right or provision of these TOS will not be considered a waiver of future enforcement of that right or provision or of any other right or provision. The waiver of any right or provision will be effective only if in writing and signed by P&P. Except as expressly set forth herein, the exercise by any party of any of its remedies under this TOS will be without prejudice to its other remedies under the TOS or otherwise.