Terms of Service, DMCA, and EU+CA Privacy 2019
Last Modified August 22, 2019
NO LICENSE. Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
CALIFORNIA CONSUMER RIGHTS NOTICE
For any questions or complaints about the Company, our products, services or the Website, please contact us via e-mail at firstname.lastname@example.org, via written correspondence sent to Jordan Harbinger, 1821 S Bascom Ave #174 Campbell, CA 95008-2357 UNITED STATES.
The Company is engaged in the sale of services worldwide and within the USA. Currently there are no charges to the consumer for the use of the Website, other than the cost of any products, programs or services purchased through the Website, and an applicable fees associated with such purchases. Unless otherwise stated, these charges appear for each purchase on an Order Confirmation page or in an Order Confirmation sent via email to the consumer following their purchase. The Company reserves the right to change pricing related to any products, programs or services offered through the Website at any time. Those changes will be reflected in the terms and conditions accompany the sale, and on the Order page.
If you are an individual under 18 and have provided personal information or content to us in some manner, you have the right to request the deletion of that information pursuant to the “California Eraser Law.” Contact us to make such a request at email@example.com.
Pursuant to the California Online Privacy Protection Act, we hereby disclose that we do not currently honor “do not track” signals issued by browsers or other third-party sources.
The Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs in CA, Consumer Information Center may be contacted in writing at 1625 North Market Blvd, Suite N-112, Sacramento, CA 95834 or by calling 1-800-952-5210.
AGE. The Website is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the Website and the accounts for any such person shall be terminated upon discovery by the Company.
INTELLECTUAL PROPERTY / RESTRICTIONS ON USE
The Website contains text, graphics, logos, images, coursework, software, video or audio files, and other material provided by or on behalf of the Company (collectively referred to as the “Content”). The Content includes the specific selection and arrangement, or design, of all Content. The Company retains all right, title and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You agree not to duplicate, imitate, copy, reproduce, transmit, publish, display, distribute, sell, transfer, assign, license, sub-license, publicly perform, commercially exploit or create derivative works of such material and content, nor to help or assist third parties in doing the same. You are also prohibited from posting any portion of the Content in either print or digital format, included on any other website, social media page, or in a networked computer environment for any purpose. The Content may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or disparages or discredits anyone.
You agree not to use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the Website. You shall not use the Website for any illegal purposes, and you will use it in compliance with all applicable laws and regulations.
You agree that in the event that you have any right, claim or action against any User arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
USER-GENERATED CONTENT LICENSE & SUBMISSIONS
Each time that you access the Website or create or submit User-Generated Content, you agree to ratify and confirm the terms of the then-existing User-Generated Content License for that submission and all previous submissions by you to us.
GOVERNING LAW. These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in or nearest San Jose, California in all disputes arising out of or related to the use of the Website.
EXTERNAL & THIRD-PARTY CONTENT. You assume all of the risk, responsibilities and consequences resulting from your use of, or access to, third-party websites. You further agree that we are not responsible for the availability of any external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the content (including misrepresentative or defamatory content) of any third party websites, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources, including those of affiliates, joint-venture partners, or others to whom we might provide links from time to time.
USE OF SOFTWARE. Company may make certain software available to you from the Website. If you download software from the Website, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, non-commercial, home use only, unless otherwise agreed, in a writing signed by the Company. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Website or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Website or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Website or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
DIGITAL MILLENNIUM COPYRIGHT ACT; COPYRIGHT INFRINGEMENT
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, users or account holders who are deemed to be repeat infringers. Company may also (at its sole discretion) limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not repeat infringement has occurred.
If you believe that anything on the Website or Service infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Jordan Harbinger LLC
1821 S Bascom Ave #174
Campbell, CA 95008-2357
See 17 U.S.C. §512(c)(3) for the requirements of a proper infringement notification. Note that if in your notification you knowingly misrepresent that the material or activity is infringing, you may be liable for any damages, including any costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity as detailed in the notification.
INDEMNIFICATION. You agree to fully indemnify, defend and hold us (including our agents, representatives, and assigns, collectively the “Indemnified Parties”) harmless from and against any and all claims, liability, damages, losses, costs and expenses, including legal fees and expenses, suffered by us and arising out of any breach of the conditions by you or any other liabilities arising out of your use of the Website or Services, or the use by any other person accessing the Website using your password, personal computer or other electronic device, or internet access account. You shall cooperate with us in the defense of any claim including provide us with assistance, without charge, in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you as we deem necessary. We reserve the right to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you. You shall not settle any third party claim or waive any defense without our prior written consent.
NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE AND ANY CONTENT HEREIN IS AT YOUR OWN RISK. COMPANY IS MAKING THE WEBSITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT HOST SUCH CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE FULLY FUNCTIONAL, ACCURATE OR RELIABLE.
THE WEBSITE AND PRODUCTS, SERVICES OR PROGRAMS CONTAINED HEREIN ARE NOT SUBSTITUTES FOR PROFESSIONAL ADVICE OR TREATMENT, INCLUDING THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT, OUTCOME OR ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. FOR SPECIFIC CONCERNS, QUESTIONS OR SITUATIONS REQUIRING PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PHYSICIAN, PSYCHOLOGIST, OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.
LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED ABOVE) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTIONS AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE EXEMPLARY OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM THE USE OF OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY WEBSITE, SERVICE, SOFTWARE OR HARDWARE, OR ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.
ENTIRE AGREEMENT. These Conditions and documents referred to herein (as amended from time to time) contain the entire Agreement between you and us relating to the Website and any matter covered and supersedes all prior and contemporaneous agreements, representations, understandings or proposals between us. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions.
AMENDMENTS. Company reserves the right to amend these Terms at any time. Should Company seek to make such an amendment and we (in our sole discretion) consider the amendment to be material in nature, we shall clearly publish on the home page a notice that an amendment is being made. You may then contact us to provide contact information so you may discuss the proposed changes with us.
Should a court of competent jurisdiction rule the new Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between all parties reverting to the previous set of terms applicable to the Website and Service. All amendments to the Terms shall be forward-looking.
DISPUTE RESOLUTION & BINDING ARBITRATION. In the event of a dispute arising under or relating to this Agreement, the Content, or the Website (each, a “Dispute”), the parties agree to first submit the matter to mediation to be conducted by a mutually-selected, qualified, neutral, third-party attorney/mediator located in San Jose, California. Such mediation may occur in-person, online (via webcam), or telephonically, and shall be scheduled within 30 days of either party providing the other with a request to mediate. Should mediation fail to resolve the dispute, either party may request that the dispute be resolved by confidential, binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator whose decision shall be final except for a limited right of appeal under the FAA. Any court in San Jose, California may enforce the arbitrator’s award. The arbitration may be conducted in person, through the submission of documents, by phone, or online and shall be conducted by a qualified American Arbitration Association (AAA) arbitrator. If conducted in person, the arbitration shall take place in San Jose, California. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
CLASS ACTION WAIVER. You agree that any arbitration or court proceeding shall be limited to the dispute between us and you, individually. To the full extent permitted by law, (1) no arbitration or legal proceeding shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
ELECTRONIC COMMUNICATION. When you visit the Website or correspond with us via e-mail, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
Should we sell this site or the Company, your personal information will be transferred to the new owner. If you have any questions about this, please contact us.
For Users in the European Union (and anyone curious about how we use your information) you are protected by the General Data Protection Regulation (GDPR) and for users in California, you are protected by the California Consumer Protection Act (CCPA) as of January 1, 2020. The Company will comply with the GDPR and CCPA pursuant to the below guidelines.
Modification Date: August 21, 2019
Effective Date: April 19, 2019
What Personal Data Do We Collect From You?
Transactions: You name, email address, billing information and payment source.
Submitting Questions or using the Contact Form: Your name, email address, and question or comment.
Lessons/Courses/Products: Your name and email address.
We collect the information above for the following purposes.
Opt-In To Email Lists or Waiting Lists: To provide you with information on the Company, Courses or Products in question and the topic(s) or subject matter in general.
Transactions: To process a purchase you make with us.
Submitting Questions or using the Contact Form: To answer any comments, questions or communication you have for us.
Lessons/Courses/Products: To send you lessons, courses or products in which you are interested.
What Legal Basis Do We Have For Collecting and Processing Your Information?
Websites like ours must have a legal basis for collecting information from individuals located in the European Union. Our legal basis for each of the ways we collect information from you is detailed below. Please note that where consent forms the basis, you can withdraw consent at any time by contacting Jen Harbinger, or opting out of any email message using the “unsubscribe” link.
Opt-In To Email Lists or Waiting Lists: We’ll ask for your consent first.
Transactions: We will collect your information as part of a legal contractual transaction.
Submitting Questions or using the Contact Form: We have an allowed legitimate interest in providing a response to your questions and need to use your data and contact information in order to do so. We will not use the data for other purposes unless we ask first (and you consent to this, of course).
Lessons/Courses/Products: We will ask for your consent first.
“Legitimate interests” for processing your personal information exist where you submit the information with an expectation that it will be processed and there is no undue impact on you. If you disagree or have questions, please contact Jen Harbinger at firstname.lastname@example.org and we will cease the processing of your data under this legal basis.
Who Has Access to Data We Collect?
We process and access to the data we collect from you. However, we use certain third parties to assist us with processing your personal data including the following categories of recipients:
- Financial transaction processors (processing your payments)
- Customer service communication platform client-management software
- Contest and survey platform
- Email communication manager
- Marketing funnel providers
- Website management services
- Website design and programming services
These third parties have signed agreements with us in which they are prohibited from utilizing, sharing or retaining your personal data for any purpose other than that agreed upon by us and them within our business relationship.
Cookies and Similar Technologies
How Long Do We Keep Your Data?
We keep your personal data for different periods of time depending on the reason it was gathered in the first place.
Opt-In To Email Lists or Waiting Lists: 36 months (24 months for Waiting Lists)
Transactions: 4 years for purposes of IRS tax compliance and audit purposes.
Submitting Questions or using the Contact Form: 5 years
Lessons/Courses/Products: 26 months
Should a legal claim arise involving your data, we will store and disclose that data until the matter has been fully resolved.
Your Right To Ask For Corrections, Erasure, And Export Of Your Data
You have the right to control your personal data. Specifically, you have the following rights:
- The right to be informed: We are informing you now with this policy.
- The right to rectification: Request we fix incorrect data about you.
- The right of access: We’ll provide you with the data we have about you.
- The right to erasure: Request we erase certain data about you.
- The right to data portability: Ask us to provide your personal data we have for export.
- The right to restrict processing: Ask us to restrict certain type of processing of your personal information.
- The right to object: Object to how we use your data.
To exercise any of these rights, please contact Jen Harbinger at email@example.com with your request.
We are located in the United States. Your data is collected and held here. Certain third-party sites and vendors may collect your data and hold it elsewhere according to their Terms of Service and Privacy Policies.
You may contact Jen Harbinger at firstname.lastname@example.org with any questions or requests you have about these policies or your personal data. After contacting us, if you still feel an issue has not been resolved, you have the right to file a complaint with a Supervisory Authority such as the Data Protection Commissioner of Ireland.
Representative: Jordan Harbinger
You can also send correspondence by traditional mail to:
Jordan Harbinger LLC
1821 S Bascom Ave #174
Campbell, CA 95008-2357
COPYRIGHT. Everything on this website, including these Terms & Conditions is copyright Jordan Harbinger LLC, 2019.