WhiteboardSelling, LLC
Website and Whiteboard Academy™
Terms and Conditions of Use
THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING THE www.whiteboardselling.com WEBSITE (THE “SITE”) AND REGISTERING FOR WHITEBOARD ACADEMY™. BY ACCESSING THE SITE, AND BY REGISTERING FOR WHITEBOARD ACADEMY™, YOU ACCEPT AND AGREE TO ALL OF THE COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.
BY USING SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE OF MODIFICATIONS TO THE AGREEMENT, WHICH WE MAY MODIFY AT ANY TIME. YOUR CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED AGREEMENT.
1. Contact Information.
WhiteboardSelling
405 Vale Street
Austin, TX 78746
Phone:
512-917-7441
Customer Service
Email: customerservice@whiteboardselling.com
2. Definitions.
3. Modification of Terms.
We reserve the right to modify these Terms at any time. Except as otherwise stated herein, any change to these Terms is effective immediately after we give notice to the User. Notice can be given through e-mail, a posting on the Site or any other means by which a User may obtain notice. User agrees to check the Site periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.
4. Limited License.
We hereby grant each User a limited, non-exclusive, non-sublicensable and non-transferable license to Access the content and information available on the Site according to the provisions contained herein, and subject to adherence to these Terms.
5. Fees; Refund Policies – Whiteboard Academy™.
You must register and pay in advance of your attendance at any Whiteboard Academy™. We will refund your Whiteboard Academy™ registration fee in full if we receive your cancellation request at least seven (7) days in advance of the scheduled date for your Whiteboard Academy™ session. All cancellation notices and refund requests must be sent to us at academy@whiteboardselling.com. No refunds, nor credits for future Whiteboard Academy™ sessions, will be provided for cancellations or no-shows except as expressly provided above.
6. Access to the Site; Modification of Content.
We will take all commercially reasonable efforts to provide uninterrupted Access to the Site for our Users. However, from time to time, Users may be unable to Access the Site due to conditions beyond our control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, Access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the Site to our Users, we will take all commercially reasonable steps to ensure Access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money. We endeavor to provide the highest quality content to our Users. To that end, we reserve the right, in our sole discretion, to change, modify, or discontinue any aspect or feature of this Site in whole or in part, including, without limitation, the content, availability, Access and/or the Terms of this Site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Site. Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site. 7. Prohibited Conduct. User expressly agrees to refrain from doing, either personally or through an agent, any of the following “Prohibited Conduct”:
To ensure that Users of the Site do not engage in Prohibited Conduct, we reserve the right to monitor use of the Site and reserve the right to revoke or deny Access to the Site to any person or entity whose use of the Site suggests Prohibited Conduct. Access of the materials available at the Site beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Site and will result in revocation or denial of Access to the Site. The terms “normal patterns” and “abuse” shall be determined solely by us. You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.
8. LIMITED WARRANTIES.
We warrant that the software that allows Users to Access the Site (“Software”), if operated as directed, will substantially achieve the functionality described on the Site. WE PROVIDE NO WARRANTY THAT YOUR HARDWARE, SOFTWARE, TELECOMMUNICATIONS EQUIPMENT AND/OR INTERNET SERVICE IS COMPATIBLE OR SUFFICIENT TO ACCESS THE SITE.
ALTHOUGH WE ATTEMPT TO PROVIDE ACCURATE INFORMATION ON THE SITE, WE MAKE NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUME NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
9. DISCLAIMERS AND LIMITATION OF LIABILITY.
USER ACCESSES THIS SITE AT HIS/HER/ITS OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND (BEYOND THE WARRANTIES SET FORTH IN SECTION 8), EXPRESSED, IMPLIED OR STATUTORY, AND ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS ARE SPECIFICALLY DISCLAIMED. WE DO NOT WARRANT ANY PARTICULAR RESULT FROM USE OF THE SOFTWARE OR SITE. WE DO NOT WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR COMPLIES WITH ANY PARTICULAR LAW OR REGULATION, OR THAT THE OPERATION OF AND YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE OR COMPLETELY SECURE. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT OR OTHERWISE) SHALL WE OR ANY OF OUR AFFILIATES, AGENTS, EMPLOYEES, SHAREHOLDERS, DIRECTORS, OFFICERS, THIRD PARTY CONTENT PROVIDERS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PRODUCTIVITY OR CONTRACT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU DOWNLOAD IS DOWNLOADED AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES. IN NO EVENT WILL WE BE LIABLE FOR ANY SUCH DAMAGES, EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM OUR NEGLIGENCE OR OUR OMISSION, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
NO DEALER, AGENT, OR EMPLOYEE OF OURS IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.
WE DISCLAIM ALL WARRANTIES, AND SHALL HAVE NO LIABILITY FOR ANY DAMAGES, ARISING FROM OR RELATED TO ANY SUPPORT SERVICES FOR YOUR USE OF THE SITE.
THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
10. Third Party Content; Hyperlinks.
You acknowledge that we do not pre-screen third party materials. We are not the publisher or author of any information on the Site that is provided by third party content providers, and we are not liable for any claims related to such information. Content provided by third parties is for informational purposes only, and our use of the content constitutes neither an endorsement nor a recommendation by us of the content. We assume no responsibility for third party products or services.
The Site may contain links and references to other third party websites and materials. We do not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of Users. We do not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. We may disable any hyperlink to the Site. We have the right but not obligation to monitor third party websites and hyperlinks to the Site.
WE MAKE NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, WE DO NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY WEBSITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
11. Copyrights, Trademarks and Other Proprietary Rights.
We, or our third party content providers, shall retain all worldwide rights in the intellectual property in and on the Site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Site, its color combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by us. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the Whiteboard Academy™ may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without our prior written consent of. Nothing in these Terms grants You an express or implied license to use any of our intellectual property except as set forth in Section 4.
If You submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to us or the Site, You may forfeit Your intellectual property rights and moral rights contained in such communication or material.
12. Indemnification.
User agrees to defend, indemnify and otherwise hold harmless us and our officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from User’s Prohibited Conduct or other improper or illegal use of the Site, or breach of these Terms.
13. Security; Authorized Use.
Users are prohibited from violating or attempting to violate the security of the Site. We have the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. We may suspend Your Access while we conducts an investigation. Users may be required to enter a user name and password to Access certain areas of the Site. To protect against unauthorized Access to Your account, it is recommended that You close the browser when You have finished using the Site.
You are responsible for maintaining the secrecy of Your user name and password. You represent and warrant that You are the person on whose behalf You claim to accept these Terms, or, if You are entering into these Terms on behalf of a person or entity, You represent and warrant that You have the power and authority to enter into these Terms and bind the person or entity. You also represent and warrant that You are an adult who is legally able to enter into these Terms.
You may not use the account, user name or password of someone else at any time. You agree to notify us immediately of any unauthorized use or loss of Your account, user name, password and/or credit card information. You also agree to notify us immediately if You are aware of or suspect other unauthorized use of the Site and/or the Site content. We will not be liable for any loss that You incur as a result of someone else using Your user name and password with or without Your knowledge. You may be held liable for any losses incurred by us, or by our affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of Your account, user name or password.
We will never ask You for Your password. If You need a new user name and/or password, we will generate a new user name and password automatically through our computers and send it to Your e-mail or postal address.
14. Termination of Agreement.
In addition to our other rights, we may terminate this Agreement at any time and at our sole and absolute discretion. We may also terminate Access to the Site and/or any of the products or services available on or through the Site, without notice, if we believe, in our sole judgment, that You have breached or may breach any term or condition of this Agreement, or engaged in conduct that we deem inappropriate.
In the event of termination of this Agreement, the provisions in this Section and the provisions found in Sections 2, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 shall survive in perpetuity. Each Subscriber’s obligation to pay outstanding fees to us shall survive any termination of this Agreement.
15. Privacy Policy.
We value Your trust. In order to honor that trust, all of our employees are required to adhere to ethical standards in gathering, using, and safeguarding any information You provide. For more information, please review our Privacy Policy, the terms of which are incorporated into this Agreement as if set forth in full.
16. Miscellaneous.
These Terms constitute the entire agreement between us and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between us and User dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon User’s breach or threatened breach of these Terms, we may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Our remedies are cumulative and not exclusive. Our failure to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By Accessing the Site, User signs for and accepts this shortening of the statutes of limitations. We make no representation that the content of the Site is appropriate or available for use in all locations. We operate this Site from the United States and make no representation that the Site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Site. You may not assign Your rights or delegate Your duties under these Terms. The parties agree that no third party is an intended beneficiary of these Terms. We cannot provide notifications via post, only e-mail.
19. Governing Law; Dispute Resolution; Forum and Venue.
These Terms and any claim or action related to or arising from these Terms or content on the Site shall be governed by Texas law, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between You and us shall be finally resolved through binding arbitration in Austin, Texas. The arbitration shall be conducted by one (1) arbitrator who is a retired judge. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the state or federal courts located in Austin, Travis County, Texas. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the California Superior Court, County of Santa Barbara or the United States District Court for the Central District of California for any equitable claim or other action related to or arising from these Terms. Each party shall bear his/her/its own expenses and attorneys’ fees related to any arbitration, claim or action.
EFFECTIVE DATE: October 20, 2009