Terms of Use
Introduction
This Terms of Use Agreement (referred herein as “Agreement”) is for the company known as NexJourney Coaching (referred herein as “Company,” “Our,” “Us,” “We”). This Terms of Use is meant to disclose to the viewers (referred herein as “you,” “users,” “clients,” “viewers”) of our website that by viewing or using this website or anything made available on or through this website, including, but not limited to, services, programs, products, webinars, videos, blog posts, newsletters, emails, e-books, opt-ins, consultations, social media, and/or other communications (collectively referred herein as “Website”), you are agreeing to accept all parts of this Terms of Use Agreement.
Terms and Conditions
Please read these Terms and Conditions carefully. NexJourney Coaching reserves the right to change these Terms and Conditions on the Website from time to time. By using our Website, you acknowledge and agree to the Terms and Conditions as they appear whether or not you have read them. If at any time you do not agree with these Terms and Conditions, please discontinue use of our Website.
Website Use and Consent
Whether you use this Website as a casual visitor, guest, registered user, licensee, client, or as a member of our programs, you acknowledge and agree to certain terms which are outlined below.
If you have purchased a program, package, or subscription or otherwise entered into an agreement with us, you will also be governed by the terms of that agreement or the terms and conditions for that program, which shall prevail in the event of a conflict. Online purchases have additional terms and conditions relating to the transaction as indicated.
We try to ensure that our Website availability is uninterrupted and that transmissions will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance, or the introduction of new facilities or services. While these lapses are inevitable, we try to limit the frequency and duration of any suspension or restriction.
While every effort is made to ensure the accuracy of information provided on or through our Website, our Website may inadvertently contain technical inaccuracies, typographical errors, or omissions. We reserve the right to change or update the information provided on or through our Website without notice. You acknowledge and agree that we bear no responsibility for any errors or omissions on the site or in documents referenced by or linked onto our Website.
Our Website is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of, or access to our Website by anyone under the age of 13 is unauthorized, unlicensed, and in violation of these Terms of Use. By accessing or using this Website, you represent and warrant that you are 13 years or older, and that you acknowledge and agree to and to abide by all of our terms and conditions.
It is important to note that although our Website allows visitors who are 13 years of age or older, our services and contractual agreements are intended for users who are eighteen (18) years of age or older. Individuals who are under the age of 18 can still receive our services, but must strictly access our services under parental/guardian supervision and consent, and that parent/guardian must be the one who initiates, agrees to, fills out and signs the contracts, and must provide proof of guardianship as well as written consent for us to provide our services to the individual under their care who is under the age of 18.
Intellectual Property Rights
The content, layout, design, data, databases, and graphics on our Website are protected by United State intellectual property laws. Content is solely owned by us unless otherwise indicated. This Website and all materials available on our Website are property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
Our Limited License to You
If you purchase any program, service, or materials through our Website, you will be considered our Licensee and the terms and conditions specifically relating to the respective program or service purchased shall apply.
If you are a visitor to our Website and you are not making a purchase of a program, service, or materials through this Website, for the avoidance of doubt, all content obtained from or on this Website is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
When you enroll in or purchase any of our programs or services or obtain information through our Website, you expressly agree that you will not steal our content or materials. Duplication, sharing, or uploading course files to sharing sites, or downloading or sharing information contrary to the limited license we have provided to herein is considered stealing and theft, and we will prosecute theft to the full extent of the law.
As a Licensee, you understand and acknowledge that the information obtained on or through our Website has been developed or obtained by us through the investment of significant time, effort, and expense, and that this information is a valuable, special, and unique asset of ours which needs to be protected from improper and unauthorized use. You may NOT use our Website or the materials available on or through our Website in a manner that has not been authorized by us, or constitutes an infringement of our rights.
As a visitor to our Website, you may from time to time, download and/or print copies of individual pages of our Website, including blog posts, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the page from our Website which the information was obtained. By downloading, printing, or otherwise using our Website content for personal use, you in no way assume any ownership rights of that material. You may NOT in any way use, copy, adapt, or represent any of our material in any way as if it is yours or created by you unless specifically permitted to do through the terms and conditions relating to you respective program or service purchase, or unless specifically authorized by us in advance and in writing.
Unless otherwise explicitly authorized in these Terms and Conditions, or the terms and conditions relating to a specific program or service you purchased through our Website, or unless you obtain advance written permission from us, you may NOT copy, reproduce, republish, upload, post, transmit, translate, sell, exploit, modify, create derivative works, or distribute in any manner or medium (including by electronic means) any material purchased through any of our programs, products, or services, or obtained on to through our Website, including through an individual or group program, e-book, private Facebook or website forum, or class for commercial use, or for use in any way that earns you money. You must seek our permission before using any of our materials or content form our Website for your own business use or before sharing with others.
The logos and trademarks which are displayed on our Website are trademarks belonging to us. Any use including framing, meta tags, or other text utilizing these trademarks or other trademarks displayed, is strictly prohibited without our express written consent.
All rights not expressly granted in these Terms or any express written license are reserved by us.
Your License to Us
By posting or submitting any material (including, but not limited to, comments, blog entries, photos, and videos) to us via our Website or other online platforms used by us, you are representing: (1) that you are the owner of the material, or are making your submission or posting with the express consent of the owner of the material; and (2) that you are 13 years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, reproduce, republish, upload, post, transmit, translate, sell, exploit, modify, create derivative works from, distribute and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. This foregoing grant includes the right to exploit any proprietary rights in such posting or submission, including, but not limited to, right under copyright, trademark, service mark, or patent laws under relevant jurisdiction. In connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identity you as the author of any of your postings or submissions by including, but not limited to, name, age, email address, or even screen name, as we deem appropriate.
You acknowledge and agree that we have the right, but not the obligation, to use and display any postings, submissions, or contributions of any kind, and that we may elect to cease the use and display of any such materials, or any portion thereof, at any time for any reason whatsoever without notice.
Limitations on Linking and Framing
You may establish a hypertext link to our Website so long as the link does not state or imply any sponsorship of your site by us or by our Website. However, you may not, without our prior written permission, frame or inline link any of the content of our Website, or incorporate into another website or other service any of our material, content, or intellectual property.
Requesting Permissions to Use Our Intellectual Property
Any request for permission of our content, or other use of information obtained from or through our programs, products, services, or Website, or any other intellectual property not specifically authorized, should be made using the “Contact Us” form on our Website, or by sending an email to us via the contact information provided at the end of this agreement.
Security
We take every precaution to protect our users’ information. When users submit sensitive information via our Website or other online platforms used by us, all information is protected both online and offline. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.
Security measure are in place to prevent the loss, misuse, or alteration of the information that is obtained form you. However, we make no assurances about our ability to prevent any such loss, misuse, or alteration, to you or to any third party arising out of any such loss, misuse, or alteration. By using our Website or services, you acknowledge and agree that we assume no responsibility in the event of loss, misuse, or alteration of the information that is submitted to us by you on or through our Website.
Please see our Privacy Policy for more information regarding the security of your information.
Disclaimer
As a visitor to our Website and as a Licensee, you acknowledge and agree that you are using your own judgment in using any information provided on or though our Website and that you are doing so at your own risk. Under no circumstances, including, but not limited to negligence, shall anyone related to NexJourney Coaching LLC be held liable for any direct, indirect, incidental, special, or consequential risks, damages, or losses that result from the use of, or the inability to use, any program or service, including any materials or third party materials made available through our programs or services, even if we are advised beforehand of the possibility of such risks, damages, or losses. You agree at all times to defend, indemnify, and hold harmless anyone related to NexJourney Coaching LLC from and against accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental issue, condition, or disease, and any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fess and expenses, arising out of or related to the program or service as experienced by you, anyone affiliated in any way with you or your business, or any of your clients, and/or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions.
Please see our Disclaimer page for more information regarding your risks and our liabilities. By using our Website in any way or for any reason, you also implicitly acknowledge and agree to our full Disclaimer.
Third Party Links
We may provide links and resources from Internet sites which may take you outside of our owned or controlled Website to other websites maintained by third parties. These links and resources are provided to you for your convenience, and an inclusion of any such link does not imply endorsement, sponsorship, or approval by us of the linked website, its operator, or its content. We have no control over the contents or functionality of those websites we have linked , and we accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside of our Website, and such other website use will be subject to those linked websites’ relevant terms and conditions and privacy policies. Please be sure to read linked websites terms and conditions and privacy policies for more information for those websites, as they will differ from ours.
Your Conduct
You must not use our Website in any way that causes or is likely to cause our Website or access to it to be interrupted, damages, or impaired in any way. You understand and agree that you are solely responsible for all electronic communications and consent sent from your computer, tablet, or mobile device to this Website or to us.
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You must use our Website for lawful purposes only.
You must not use our Website for any of the following:
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For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity;
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To send, use, or reuse any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene, or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings, or any spam;
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To cause annoyance, inconvenience, or needless anxiety;
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To impersonate any third party or otherwise mislead as to the origin of your content;
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To reproduce, duplicate, copy, or resell any part of our Website or the content therein in contravention with these terms of use or any other agreement with us.
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Online Commerce
Certain pages of our Website may allow you to purchase different types of programs, products, or services online that are provided through third parties. We are not responsible for for the quality, accuracy, timeliness, reliability, or any other aspect of these programs, products, or services. If you make a purchase through a third party merchant on or through our Website or on an external site linked to by our Website or through a mobile app, the information obtained during your visit to that merchant’s online store, site, or app, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both us and the third party.
Third party companies will have privacy and data collection practices that are different from ours. You acknowledge and agree that we hold no responsibility or liability for these independent policies or practices, and that it is your responsibility to read and understand their individual policies or practices. In addition, when you purchase our programs, products, or services on or through our Website, you are subject to additional terms and conditions that specifically apply to your purchase or use of such programs, products, or services.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf on or through our Website or mobile app. You agree to use our Website and to purchase our programs, products, or services on or through our Website or mobile app for legitimate purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes, or for the purpose of anticipating demand for a particular product or service.
You agree to release us and any affiliates from any damages that you incur and you agree not to assert any claims against them or us, arising from your purchase or use of any programs, products, or services made available by third parties through our Website or mobile phone app.
Your participation, correspondence, or business dealings with any third party found on or through our Website, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations, or warranties associated with such dealings, are solely between you and such third parties. You agree that we will not be held responsible or liable for ant loss, damage, or other matters of any sort incurred as the result of such dealings.
You agree to only purchase programs, products, or services for yourself or for any other person with whom you are legally permitted to do so. When purchasing for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information. For more information regarding a third party company, its website, its privacy policies, and/or any additional terms and condition that may apply, visit that third party’s Website to see their information or contact them directly.
Termination
We reserve the right, at our sole discretion, to refuse or terminate your access to our Website or any part of our Website at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of our Website effected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from our Website and the Disclaimers and limitations of liabilities set forth on our Website and in these Terms and Conditions shall survive.
Contact
By using our Website, you are agreeing to all parts of the above Terms of Use. If you have in questions about these Terms and Conditions, please contact us via the following:
Email: nexjourney2024@gmail.com