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TERMS AND CONDITIONS

The Spirconomics website is a subsidiary program of Marcia Schafer’s Beyond Zebra®, hereafter referred to as “MSBZ.”

 

ACCEPTANCE OF TERMS OF USE

By using the Spirconomics website (“Website”), you agree to be bound by all terms, conditions, and notices contained or referenced herein, hereinafter referred to collectively as the “Terms of Use”. MSBZ reserves the right to revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use on the Website.

You will be responsible for regularly reviewing the Terms of Use posted. Your use of the Website signifies your acceptance of all of the terms and conditions contained within the Terms of Use posted at the time of your use. If you do not agree to the Terms of Use, you must immediately terminate use of the Website.

LICENSE GRANT

You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Website conditioned on your acceptance of, and compliance with, these Terms of Use. 

MSBZ reserves the right to bar, restrict or suspend any user’s access to the Website, and/or to terminate this license at any time for any reason. MSBZ reserves any rights not explicitly granted in these Terms of Use.

USER GENERATED CONTENT

MSBZ welcomes your views, comments, and other communications, pictures, trackback URLs, or videos on the Website which may include discussion boards, blogs, and other services that allow users to provide feedback, comment, or content (“User Content”). By contributing User Content to the Website, users understand and acknowledge that this information is available to the other users of the website and grant MSBZ a nonexclusive license to display, reproduce, transmit, and modify such User Content  on the website. Except as otherwise stated in the Terms of Use, MSBZ will seek the author’s/creator’s permission before disseminating User Content in a medium other than the Website.

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. 

You acknowledge, consent and agree that MSBZ may access, preserve and disclose your account information and the User Content you have posted if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of MSBZ to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the administrators, the Website users, and the public.

 
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.

INTELLECTUAL PROPERTY

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.

LAWFUL USE

You agree to use the Website or its contents for lawful purposes and only as expressly permitted in this Terms of Use and for no other purpose. Except where otherwise noted, you may download, print or view individual pages for your own personal viewing and for non-commercial use only, provided you do not delete or change any of the information, including copyright or trademark notices.

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.

In the event you are dissatisfied with, or dispute, these Terms of Use, the Website, or its content, your sole right and exclusive remedy is to terminate your use of the Website, even if that right or remedy is deemed to fail of its essential purpose. By your use of the Website, you confirm that MSBZ has no other obligation, liability or responsibility to you or any other party.

INDEMNIFICATION

You agree to defend, indemnify, and hold MSBZ, including employees, officers, directors, shareholders, parent entities, owners, agents, consultants and licensees harmless from and against any and all liabilities, claims and expenses, including attorney’s fees and expert fees, that arise from your use or misuse of the site or the content therein, including without limitation your violation of the Terms of Use herein.

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.

 INTERNATIONAL USE

By choosing to access the site from any location, you accept full responsibility for compliance with all local laws that are applicable. 

We make no representation that materials on the site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.

SECURITY PRECAUTIONS

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.

ARBITRATION

Any controversy or claim (“Claim”) you have arising out of or relating to these Terms of Use shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Maricopa County, Arizona. All submissions to the arbitrator, the proceedings, and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Arizona and/or the United States District Court for the District of Arizona shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, (ii) any action to compel arbitration, or (iii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum, or otherwise. Each party irrevocably waives any and all right to trial by jury in any legal proceeding arising out of or related to these Terms of Use.

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.

GOVERNING LAW

These Terms of Use and all matters regarding your use of the Website shall be governed by, construed in accordance with, and enforced under the laws of the State of Arizona.

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

The failure of MSBZ to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

COMPLETE AGREEMENT

These Terms of Use, together with any revision, any Additional Terms or Conditions incorporated by reference, and any click-through agreement, constitutes the entire agreement between you and MSBZ relating to the Website 

and its use by you, and supersedes any previous written or oral communication regarding use of the Website.

PRIVACY AND DISCLOSURE 
By clicking on the “purchase membership” button you agree that you have read and accept the Terms of Use and read and accept the attached message about membership expectations.