TERMS AND CONDITIONS
The Spirconomics website is a subsidiary program of Marcia Schafer’s Beyond Zebra®, hereafter referred to as “MSBZ.”
USER GENERATED CONTENT
You are solely responsible for the User Content you submit. If you believe any User Content infringes on your proprietary rights, contact MSBZ immediately. MSBZ does not approve, endorse, or adopt any User Content, and MSBZ assumes no liability for any User Content submitted by you or others. You agree to indemnify MSBZ against all claims and liabilities resulting from User Content. Users who do not wish to have information they have made available via the Website used, published, copied and/or reprinted, should not post on the Website. Please note that other participants may use posted information beyond the control of MSBZ. All user content is read at your own risk, and MSBZ recommends that you not rely on the information or advice in any of these postings without conducting your own due diligence as MSBZ makes no warranty thereto.
MSBZ retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. MSBZ also retains the right to ban or block a user from posting on the Website without notice for a pattern of inappropriate postings or as it deems necessary. In such cases user account will be terminated and user profile deleted without refund of subscription fee.
LINKS AND THIRD PARTIES
This site may contain links to and from sites operated by third parties, either posted by us or shared by a member or contributor. MSBZ makes no representations whatsoever about any third party content that you may access from the Website, or about any site from which you may access the Website that may be linked to this site.
Third party content and links are provided only as a courtesy to users, and such links and content do not imply endorsement of any linked site and/or content. The linked sites and content are not under our influence or control, and we are not responsible for any third party content or the contents of any linked site or subsequent links from other sites.
You acknowledge that all content and materials available on this Website, including the selection, co-ordination, arrangement and enhancement of such content, as well as content original to it, are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by MSBZ or the individual subscribers who share their information within the Website
You must obtain the necessary permission of the owner of the intellectual property to use their content, ideas, or distinctive identification in any manner. This applies to whether you are posting information from external sources for subscribers to see within the Website, or sharing information obtained from this Website with an external source –you must first obtain written permission from the originator of such material before doing so.
You warrant that you will abide by, without limitation, all applicable local, state, national and international laws and regulations with respect to your use of the Website. Additionally, you warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the Website, or defame or otherwise harm any party through your use of the Website.
Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the site or otherwise in any way exploit any of the content of the site, in whole or in part or violate or infringe in any way upon the rights of others, or do or cause to be done anything which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or that which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law, or which, without MSBZ express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying our site will not be permitted and will result in termination of membership without refund.
DISCLAIMER OF WARRANTIES
You expressly agree that all materials, information, software, products and services included in or available through the Website (the “content”) are provided “as is” and “as available” for your use and that you use this site and any content you choose to download at your sole risk. We do not in any way warrant the Website or the content, either expressly or by implication, including, but not limited to, warranties of title, non-infringement or implied warranties of merchantability of fitness of a particular purpose or otherwise, other than those warranties which are incapable of exclusion, restriction or modification under applicable law. MSBZ, including any employees, officers, directors, shareholders, parent entities, owners, agents, consultants, contractors or licensors makes no warranty that the content of the site or any service or merchandise provided through it, is accurate, reliable or correct; that the site or any linked site will be available at any particular time or location; that any defects or errors will be corrected; that the content is free of viruses or other harmful components; or that you will achieve successful results from following any instructions directions or recommendations on the site.
Your use of the service is at your sole risk. MSBZ makes no warranty that the service will meet your requirements, will be uninterrupted, timely, secure or error free, the results obtained from the use of the service will be accurate or reliable, the quality of the products services information or other material purchased or obtained by you through the service will meet your expectations.
This website may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles or other information created by MSBZ or third parties. Due to the number of sources from which content is obtained and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Such content is for your reference only and should not be relied on for any purpose.
LIMITATION OF LIABILITY
Under no circumstances shall MSBZ, including our employees, officers, parent entities, owners, agents, consultants, contractors or licensors, be liable for any damages in law or in equity, including without limitation direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or the inability to use, the Website or from information provided on the Website, from statements or conduct of any third party on the Website, or from any failure of performance, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of record, and the risk of any injury from the foregoing rests entirely with you.
This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis including any defamatory, offensive or illegal conduct of other users or third parties, even if we have been advised of the possibility of such damage because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. Our liability in such jurisdictions shall be limited to the extent permitted by law.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will reimburse us for our expenses and cooperate with us in asserting any available defenses.
By choosing to access the site from any location, you accept full responsibility for compliance with all local laws that are applicable.
The services and information provided are protected using industry standard security precautions. It is up to you to fully understand the risks and threats of using the public Internet, and to be sufficiently aware of those risks to adequately protect your confidential information. It is up to the user to remain current and exercise care when using the Internet.
Certain features and areas of the Website are available only with registration, login, and/or a paid subscription. You are required to register and select a unique login and password (“Personal Login Information”). You must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or using a public computer.
Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. MSBZ is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information.You should seek professional advice on protecting your privacy and evaluating the security of the information systems you are using. Under no circumstances shall MSBZ, including our employees, officers, parent entities, owners, agents, consultants, contractors or licensors, be liable for any damage or loss, perceived or real, to subscriber’s hardware, software or uploaded materials.
INTERACTIVE ONLINE PROGRAMS
From time to time MSBZ may offer interactive online programs such as group discussions, training sessions and classes that you may participate in as a member of the Website. By participating in these interactive online programs, you consent to and authorize MSBZ to record the program by any medium, including audio and/or video. Additionally, you grant MSBZ an exclusive license and unrestricted permission to use your name, likeness, image, voice and/or appearance as such may be embodied in any pictures, video recordings, audio recordings, digital images and the like taken or made on behalf of MSBZ.
You agree that MSBZ shall have complete ownership of such recordings, including the entire copyright, and may use them for any purpose consistent with the organization’s mission. This includes, but is not limited to, use of the recorded interactive programs, in whole or in part, in websites, illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, rebroadcasts, publications, advertisements, and any promotional or education materials in any medium now known or later developed. You acknowledge that you will not receive any compensation or reimbursement for the use and release MSBZ from any and all claims that arise out of or are in any way connected with such use.
Additionally, all users are prohibited from recording the interactive online programs by any means, including audio and video recordings. If an unauthorized recording is made, MSBZ may terminate your access to the Website and delete your user profile without refund, and take any legal action necessary to protect its ownership rights and stop the unlawful publication or use of the recording. You acknowledge that such action is reasonably necessary to protect the interests of MSBZ in light of the substantial harm that MSBZ will suffer.
Therefore, remedies at law may be inadequate to protect against the unauthorized recording of interactive online programs, and you agree to the granting of injunctive relief in favor of MSBZ without proof of actual damages, and without the filing or posting of any bond or surety, and consent to entry by a court of competent jurisdiction of a temporary and/or permanent injunction, in addition to any other remedies available at law or in equity. You further agree to reimburse, indemnify and hold MSBZ harmless from and against any damages, including attorneys’ fees, incurred by MSBZ in enforcing this provision or resulting from the unauthorized recording and use of an interactive online program.
UNAUTHORIZED USE AND TERMINATION
You agree to use the Website only for authorized and legal activities.
We reserve the right, in our sole discretion, to terminate your access to all or part of the Website, with or without notice and for any reason whatsoever.
No refunds will be issued in such cases.
Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. The sole exception to the prohibition of consolidation shall be that MSBZ may bring a third-party claim for indemnity within the action alleging that MSBZ is liable. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the District of Arizona or the Maricopa County Superior Court.
Applicability of the Uniform Computer Information Transaction Act and the United Nations Convention on Contracts for International Sale of Goods is expressly excluded.
WAIVER AND SEVERABILITY
PRIVACY AND DISCLOSURE