The following Terms of Use are entered into by and between You and The Cupp of Wisdom. The following terms and conditions, together with any documents they expressly incorporate by reference, govern your access to and use of cuppofwisdom.com, including any content, functionality and services offered on or through cuppofwisdom.com, whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
PRIVACY
Your use of the Website is also subject to the Company’s Privacy. Please review our Privacy Policy, which also governs the website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
DISCLAIMER
Your use of the Website is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information provided on the website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend the cuppofwisdom.com website and any service or material we provide on the cuppofwisdom.com in our sole discretion without notice. We will not be liable if for any reason all or any part of the cuppofwisdom.com is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the cuppofwisdom.com, or the entire cuppofwisdom.com, to users, including registered users.
To access the cuppofwisdom.com website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the cuppofwisdom.com website and any resources downloaded from the website that all the information you provide on the website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your 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 this website 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 also agree to ensure that you exit from your account at the end of each session. You should use particular attention when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, 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.
NO UNLAWFUL OR
PROHIBITED USE AND INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable
license to access and use the cuppofwisdom.com website and the resources
available for download from the cuppofwisdom.com website strictly in accordance
with these Terms of Use.
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.
All content included as part of the Service, such as text,
graphics, logos, images, as well as the compilation thereof, and any software
used on the website, is the property of the cuppofwisdom.com or its suppliers
and protected by copyright and other laws that protect intellectual property
and proprietary rights. You agree to observe and abide by all copyright and
other proprietary notices, legends or other restrictions contained in any such
content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer,
participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the website or any of
the resources available for download from the website.
The Cupp of Wisdom content is not for resale. Your use of
the website or any of the resources available for download from the website
does not entitle you to make any unauthorized use of any protected content, and
you will not delete or alter any proprietary rights or attribution notices in
any content. You will use protected content solely for your individual use and
will make no other use of the content without the express written permission of
the company and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses,
express or implied, to the intellectual property of the company or our
licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and
all related names, logos, product and service names, designs, and slogans are
trademarks of the Company or its affiliates or licensors. You must not use such
marks without the prior written permission of the company. All other names,
logos, product and service names, designs and slogans on this Website are the
trademarks of their respective owners.
FOR EDUCATIONAL AND
INFORMATIONAL PURPOSES ONLY
As set forth more fully in the Disclaimer, the information
contained on this website and the resources available for download through this
website are for educational and informational purposes only. The information
contained on this website and the resources available for download through this
website is not intended as, and shall not be understood or construed as legal,
financial, tax, medical, health, or any other professional advice.
ACCURACY AND PERSONAL
RESPONSIBILITY
As set forth more fully in the Disclaimer, we have done our
best to ensure that the information provided on this website and the resources
available for download are accurate and provide valuable information, but we
cannot guarantee the accuracy of the information. Neither the company nor any
of its owners or employees shall be held liable or responsible for any errors
or omissions on this website or for any damage you may suffer as a result of
failing to seek competent advice from a professional who is familiar with your
situation.
By using this website, 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
information available on this website or the resources available for download
from this website. You agree to use judgement and conduct due diligence before
taking any actions or implementing any plans or policy suggested or recommended
on this website.
NO GUARANTEES AS TO
RESULTS
As set forth more fully in the Disclaimer, you agree that
the Company has not made any guarantees about the results of taking any action,
whether recommended on this website or not. The Company provides educational
and informational resources that are intended to help users of this Website
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 the company.
You also recognize that prior results do not guarantee a similar
outcome. Thus, the results obtained by others – whether clients of the company
or otherwise – applying the principles set out in this website are no guarantee
that you or any other person or entity will be able to obtain similar results.
EMAIL AND OTHER
ELECTRONIC COMMUNICATIONS
Visiting the website or sending emails to the company
constitutes electronic communications. You consent to receive electronic
communications and you agree that all agreements, notices, disclosures, and
other communications that we provide to you electronically, via email and on
the website, satisfy any legal requirement that such communications be in
writing.
We would be pleased to communicate with you by e-mail, and
there are various places on this website that provide you the ability to send
an electronic communication to the company. Any such email or other electronic
communication, however, does not create a business relationship or any
contractual relationship. As set forth more fully in our Privacy Policy, we
will take reasonable steps to ensure that any communications remain
confidential, but we cannot guarantee the security of such communications and
cannot guarantee that we would not be required to disclose such communications
as a result of a court order.
USE OF COMMUNICATION
SERVICES
The website may contain bulletin board services, chat areas,
news groups, forums, communities, personal web pages, calendars, blog comment
sections and/or other message or communication facilities designed to enable
you to communicate with the public at large or with a group, you agree to use
the Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not: defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy and
publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information; upload files that contain software or
other material protected by intellectual property laws (or by rights of privacy
of publicity) unless you own or control the rights thereto or have received all
necessary consents; upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of another’s
computer; advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows such
messages; conduct or forward surveys, contests, pyramid schemes or chain
letters; download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in such
manner; falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source of
software or other material contained in a file that is uploaded, restrict or
inhibit any other user from using and enjoying the Communication Services;
violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service; harvest or otherwise collect information
about others, including e-mail addresses, without their consent; violate any
applicable laws or regulations.
The Company has no obligation to monitor the Communication
Services. However, the company reserves the right to review materials posted to
a Communication Service and to remove any materials in its sole discretion. The
company reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
The company always reserves the right to disclose any
information as necessary to satisfy any applicable law, regulation, legal
process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in the company’s sole discretion.
Always use caution when giving out any personally
identifying information about yourself in any Communication Service. The
company does not control or endorse the content, messages or information found
in any Communication Service and, therefore, the company specifically disclaims
any liability regarding the Communication Services and any actions resulting
from your participation in any Communication Service. Managers and hosts are
not authorized the company spokespersons, and their views do not necessarily
reflect those of the company.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you upload the materials.
MATERIALS PROVIDED TO
THE WEBSITE
The company does not claim ownership of the materials you
provide to the website (including feedback and suggestions) or post, upload,
input or submit to any website or our associated services. However, by posting,
uploading, inputting, providing, or submitting your Submission you are granting
the company, our affiliated companies, and necessary sub-licensees permission
to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate, and
reformat your Submission; and to publish your name in connection with your
Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. The company is under no obligation to post or
use any Submission you may provide and may remove any Submission at any time in
the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting
your Submission you warrant and represent that you own or otherwise control all
the rights to your Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post, upload, input or
submit the Submissions.
LINKS TO THIRD PARTY
WEBSITES AND SERVICES
The Website may contain links to other Websites. The Linked
Websites are not under the control of the Company and the Company is not
responsible for the contents of any Linked Website, including without
limitation any link contained in a Linked Website, or any changes or updates to
a Linked Website. The Company is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by the
Company of the Website or any association with its operators.
Certain services made available via the website are
delivered by third-party websites and organizations. By using any product,
service, or functionality originating from the website, you hereby acknowledge
and consent that the company may share such information and data with any third
party with whom the company has a contractual relationship to provide the
requested product, service or functionality on behalf of the website’s users
and customers.
USE OF TEMPLATES AND
FORMS
The company provides various templates and/or forms for
download and/or sale on this website. The company grants you a limited,
personal, non-exclusive, non-transferable license to use our templates and/or
forms for your own personal or internal business use. Except as otherwise
provided, you acknowledge and agree that you have no right to modify, edit,
copy, reproduce, create derivative works of, reverse engineer, alter, enhance
or in any way exploit any of the templates and/or forms in any manner, except
for modifications in filling out the templates and/or forms for your authorized
use.
By ordering or downloading forms, you agree that the forms
you purchase or download may only be used by you for your personal or business
use and may not be sold or redistributed without the express written consent of
the company.
USE OF PAID COURSES,
PROGRAMS, AND ASSOCIATED MATERIAL
The company from time-to-time provides various courses,
programs, and associated material for sale on this website. The company grants
you a limited, personal, non-exclusive, non-transferable license to use our
courses, programs, and associated material for your own personal or internal
business use. Except as otherwise provided, you acknowledge and agree that you
have no right to modify, edit, copy, reproduce, create derivative works of,
reverse engineer, alter, enhance or in any way exploit any of the courses in
any manner.
By ordering or participating in courses, you agree that the
courses you purchase or download may only be used by you for your personal or
business use and may not be sold or redistributed without the express written
consent of the company.
By ordering or participating in courses, you further agree
that you shall not create any derivative work based upon the courses and you
shall not offer any competing products or services based upon any information
contained in the courses.
USE OF FREE
DOWNLOADABLE CONTENT
The company provides various resources on this website,
which users may access by providing an e-mail address. The company grants you a
limited, personal, non-exclusive, non-transferable license to use our resources
provided in exchange for an email address for your own personal or internal
business use. Except as otherwise provided, you acknowledge and agree that you
have no right to modify, edit, copy, reproduce, create derivative works of,
reverse engineer, alter, enhance or in any way exploit any of the Freemium
Content in any manner.
By downloading the Freemium Content, you agree that the
Freemium Content you download may only be used by you for your personal or
business use and may not be sold or redistributed without the express written
consent of the company.
By downloading the Freemium Content, you further agree that
you shall not create any derivative work based upon the Freemium Content and
you shall not offer any competing products or services based upon any
information contained in the Freemium Content.
GUESTS
The Company may, from time to time, provide information from
a third party in the form of a podcast guest interview, interview on other
platform, guest blog post, or other medium. The company does not control the
information provided by such third-party guests, is not responsible for
investigating the truth of any information provided and cannot guarantee the
veracity of any statements made by such guests.
Individuals who agree to appear as guests on any podcast
offered by the company agree to transfer all intellectual property rights they
may have in any such interviews to the company and further provide a license to
any rights they are unable to assign.
CANCELLATION / REFUND
POLICIES
We want you to be satisfied with your purchase but we also
want you to give your best effort to apply all the strategies in the
program(s). You must also demonstrate that you have attempted to implement the
program without success. To meet this requirement, you must submit the work
outlined in the terms and conditions for the program you are requesting a
cancellation/refund for. Your level of success in attaining the results claimed
in our materials depends on the time you devote to the strategies, ideas, and
techniques mentioned, your finances, knowledge, and various skills. Since these
factors differ according to individuals, we cannot guarantee your success or
income level. Nor are we responsible for any of your actions. Many factors will
be important in determining your actual results and no guarantees are made that
you will achieve results similar to ours or anybody else’s, in fact, no
guarantees are made that you will achieve any results from our ideas and
techniques in our material. All sales are final and all payments are
non-refundable.
Upon determining that you are entitled to a
cancellation/refund pursuant to this policy, the company will promptly issue an
instruction to its payment processor to issue the refund. The company does not
control its payment processor and will not be able to expedite any refunds.
If you receive a refund of any purchase through the terms
and conditions, that shall immediately terminate all licenses granted you to
use the material provided to you under these Terms of Use or any other
agreement. You shall immediately cease using the material and shall destroy all
copies of the information provided to you, including without limitation: video
recordings, audio recordings, forms, template documents, slide shows,
membership areas, social media groups limited to paying members, and other
resources.
NO WARRANTIES
The company makes no warranties regarding the performance or
operation of this website. The company further makes no representations or
warranties of any kind, express or implied, as to the information, contents,
materials, documents, programs, products, books, or services included on or
through this website. To the fullest extent permissible under the law, the
company disclaims all warranties, express or implied, including implied
warranties of merchantability and fitness for a particular purpose.
LIMITATION OF
LIABILITY
You agree to absolve the company of all liability or loss
that you or any person or entity associated with you may suffer or incur as a
result of use of the information contained on this website and/or the resources
you may download from this website. You agree that the company shall not be
liable to you for any type of damages, including direct, indirect, special,
incidental, equitable, or consequential loss or damages for use of this
website.
The information, software, products, and services included
in or available through the website may include inaccuracies or typographical
errors. Changes are periodically added to the information herein. The company
and/or its suppliers may make improvements and/or changes to the website at any
time.
The company and/or its suppliers make no representations
about the suitability, reliability, availability, timeliness, and accuracy of
the information, software, products, services and related graphics contained on
the website for any purpose. To the maximum extent permitted by applicable law,
all such information, software, products, services and related graphics are
provided “as is” without warranty or condition of any kind. The company and/or
its suppliers hereby disclaim all warranties and conditions regarding this
information, software products, services and related graphics, including all
implied warranties or conditions of merchantability, fitness for a particular
purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no
event shall the company and/or its suppliers be liable for any direct,
indirect, punitive, incidental, special, consequential damages or any damages
whatsoever including, without limitation, damages for loss of use, data or
profits, arising out of or in any way connected with the use or performance of
the website, with the delay or inability to use the website or related
services, the provision of or failure to provide services, or for any
information, software, products, services and related graphics obtained through
the website, or otherwise arising out of the use of the website, whether based
on contract, tort, negligence, strict liability or otherwise, even if the
company or any of its suppliers has been advised of the possibility of damages.
Because some states/jurisdictions do not allow the exclusion or limitation of
the liability for consequential or incidental damages, the above limitation may
not apply to you. If you are dissatisfied with any portion of the website, or
with any of these terms of use, your sole and exclusive remedy is to
discontinue using the website.
ARBITRATION
You hereby expressly waive all claims you may have, now or
in the future, arising out of or relating to this Website, the Company, all
contracts you enter into with the Company, and all of the Company’s products
and services.
To the extent that you attempt to assert any such claim, you
hereby expressly agree to present such claim only through binding arbitration
to occur in Gardnerville, Nevada. You further agree to and do hereby waive any
right to class arbitration and agree, instead, to conduct an arbitration
related solely to any individual claims you and/or any entity related to you
asserts against the company. To the fullest extent permissible by law, you
further agree that you shall be responsible for all costs associated with
initiating the arbitration and for the administration of the arbitration.
INTERNATIONAL USERS
The Service is controlled, operated and administered by the
company from our offices within the USA. If you access the Service from a
location outside the USA, you are responsible for compliance with all local
laws. You agree that you will not use the company content accessed through the
website in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the
company, its officers, directors, employees, agents and third parties, for any
losses, costs, liabilities and expenses (including reasonable attorneys’ fees)
relating to or arising out of your use of or inability to use the website or
services, any user postings made by you, your violation of any terms of this
agreement or your violation of any rights of a third party, or your violation
of any applicable laws, rules or regulations. The company reserves the right,
at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully
cooperate with the company in asserting any available defenses.
TERMINATION AND
ACCESS RESTRICTION
The company reserves the right, in its sole discretion, to
terminate your access to the website and the related services or any portion
thereof at any time, without notice. To the maximum extent permitted by law,
and you hereby consent to resolve all disputes arising under or related to this
website or the Terms of Use pursuant to the arbitration clause above. Use of
the website is unauthorized in any jurisdiction that does not give effect to
all provisions of these Terms, including, without limitation, this section.
NO JOINT VENTURE OR
OTHER RELATIONSHIP
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and the company as a result of this
agreement or use of the website. The company’s performance of this agreement is
subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of the company’s right to comply with governmental,
court, and law enforcement requests or requirements relating to your use of the
website or information provided to or gathered by the company with respect to
such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.
ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement, along
with the Privacy Policy and Disclaimer, constitutes the entire agreement
between the user and the company with respect to the website and it supersedes
all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and the company with respect to the website.
A printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be written in English.
CHANGES TO TERMS
The company reserves the right, in its sole discretion, to
change the Terms of Use under which the website is offered. The most current
version of the Terms of Use will supersede all previous versions. The company
encourages you to periodically review the Terms of Use to stay informed of our
updates.
CONTACT US
The Cupp of Wisdom welcomes your questions or comments
regarding the Terms of Use:
Email Address: xxx