"Getting Carnegie Classified Toolkit"
TERMS AND CONDITIONS OF PURCHASE
You are purchasing access to The Getting Carnegie Classified™ Toolkit (referred to below as “The Getting Carnegie Classified™ Toolkit,” or the “Toolkit”) from Heather Mack Consulting LLC (the “Company,” “we,” or “us”).
The Getting Carnegie Classified™ Toolkit includes access for one institution.
You must be at least 18 years of age or older to purchase access to The Getting Carnegie Classified™ Toolkit.
The Getting Carnegie Classified™ Toolkit may include groups calls, individual calls, live videos, live and/or recorded workshops, live and/or recorded Q and A sessions, toolkit instructional and educational materials, and other information and materials provided by the Company (collectively, the “Toolkit Materials”) and access to a website (the “Site”).
If your purchase also includes a review of your draft application answers and roadmap, such review is limited to one (1) review; additional reviews may be purchased separately, and the draft application must be submitted no later than the date assigned by Company.
By purchasing The Getting Carnegie Classified™ Toolkit, you hereby agree that the following legal terms and conditions govern your use of The Getting Carnegie Classified™ Toolkit and that form a legal agreement between you and the Company.
You agree that The Getting Carnegie Classified™ Toolkit contains proprietary materials and content that is owned by the Company and is protected by copyrights, trademarks, service marks, trade secrets, or other proprietary rights and laws. Except as expressly authorized in this Agreement, you agree not to sell, license, rent, lease, loan, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, upload, post, transmit, publish, adapt, edit, or create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any content or material from The Getting Carnegie Classified™ Toolkit.
You may, however, download and/or print copies of individual pages of the Toolkit, provided that you keep intact all copyright, trademark, and other proprietary notices.
All copyrights in and to The Getting Carnegie Classified™ Toolkit are owned by the Company, which reserve all their respective rights in law or in equity.
THE USE OF THE GETTING CARNEGIE CLASSIFIED™ TOOLKIT, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
Company trademarks, service marks, graphics, and logos used in connection with The Getting Carnegie Classified™ Toolkit are common law trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks.
PRIVACY AND CONFIDENTIALITY
We respect your privacy and must insist that you respect the privacy of other individuals and institutions that purchase The Getting Carnegie Classified™ Toolkit (collectively the “Toolkit Participants”).
By purchasing access to the Toolkit, you agree that all Content provided to you by the Company is the Company’s confidential and proprietary information and intellectual property, belong solely and exclusively to the Company, and may be used by you only as authorized by the Company; the reproduction, distribution and sale of the Content by anyone other than the Company is strictly prohibited; not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of the Company or other Toolkit Participants; that any confidential information shared by Toolkit Participants or by Company is confidential and proprietary and belongs solely and exclusively to the Toolkit Participants who discloses it or to the Company; not to disclose such confidential information to any other person or use it in any manner; and that if you violate, or threaten to violate, any of your agreements contained in this paragraph, Company will be entitled to, among other things, injunctive relief to prohibit such violations.
PAYMENT and REFUND POLICY
You are responsible to pay for The Getting Carnegie Classified™ Toolkit in full. If you select a payment plan and you fail to make a payment, you will immediately lose access to the Toolkit fourteen (14) days after your payment was due. If your account remains in delinquent status for longer than sixty (60) days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Company's sole discretion until the account is caught up and in good standing.
If you are not satisfied with The Getting Carnegie Classified™ Toolkit, to be eligible for a refund, you must submit your request no later than July 12, 2017.
THIRD-PARTY MATERIALS AND WEBSITES
The Company may provide links to third-party materials and websites and may create a Facebook group (collectively, “Third-Party Sites”). These Third-Party Sites are not part of The Getting Carnegie Classified Program and may be terminated at any time without any liability on the part of the Company. You agree that you will be responsible for all payment, if any, and other obligations associated with your use of any and all Third-Party Sites; and that the Company is not responsible for examining and evaluating the content and accuracy of any Third-Party Sites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other products, materials or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.
The Toolkit may include webinars, including workshops delivered remotely via the internet. During such webinars, audio, video, comments, any documents, and/or other materials exchanged or viewed during the webinar may be recorded. By participating in a webinar, you automatically consent to such recordings.
By participating in the webinar, you (1) agree that Company has the irrevocable and perpetual right to make and use any recording, reproduction and/or broadcast (including over the Internet or an “Intranet” site) in any electronic, analog, digital, video, audio, written, photographic, graphic, mechanical or other medium now known or hereafter devised (collectively, the “Works”) which Works may be used, exhibited, or advertised in or for any for educational, informational or commercial purposes, including without limitation, in connection with or as part of any presentation or program, or publication, product, transmission or other professional endeavor, in any of the foregoing media or other medium now known or hereafter devised; (2) agree that Company shall be the sole and exclusive owner of all right, title and interest, whether now known or hereafter recognized, in and to any such Works and the contents thereof, together with any modifications thereof or works deriving there from, and Company shall have the right, for any purpose, to use, adapt, change, delete from or add to such form and content, to combine all or any part of the Works with other works, and to use, distribute, advertise, and market any and all of the foregoing in any manner and in any medium, now known or hereafter devised, as Company shall determine in its sole discretion; (3) waive all rights of copyright or ownership which you might otherwise have in or to any of the Works in which your voice appears, and assign to Company any such right, title, and interest in and to any such Works; and (4) acknowledge that you are not entitled to any monetary or other compensation in exchange for the grants, waivers and agreements made herein.
THE GETTING CARNEGIE CLASSIFIED™ TOOLKIT, THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE FOR YOUR USE. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.
Company does not guarantee that you will get any results or become Carnegie classified using any of the tools, strategies or recommendations, and nothing in the Toolkit or Site is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE GETTING CARNEGIE CLASSIFIED™ TOOLKIT IS AT YOUR SOLE RISK. By purchasing The Getting Carnegie Classified™ Toolkit, you accept, agree, and understand that you are fully responsible for your results and that we offer no representations, warranties, or guarantees verbally or in writing regarding your certification, or results of any kind. We offer no professional legal, medical, psychological, or financial advice.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE TOOLKIT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ADDITIONAL TERMS AND CONDITIONS
1) GOVERNING LAW. You and the Company have entered into this Agreement in the State of Nevada and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the State of Nevada principles that would dictate the application of the law of a different jurisdiction.
2) LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE GETTING CARNEGIE CLASSIFIED™ TOOLKIT; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GETTING CARNEGIE CLASSIFIED™ TOOLKIT AND A REFUND AS SET FORTH IN SECTION 6. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
3) NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, Getting Carnegie Classified™, or Heather Mack Consulting LLC, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.
4) BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. The Getting Carnegie Classified™ Toolkit is non-transferable.
5) TERMINATION. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the Toolkit without refund; and/or (b) terminate this Agreement.
Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.
6) CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of The Getting Carnegie Classified™ Toolkit. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of The Getting Carnegie Classified™ Toolkit will be deemed your acceptance thereof. You will be notified of the changes by either e-mail or postal mail. If you have any questions, please contact our legal counsel directly at firstname.lastname@example.org.
7) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of The Getting Carnegie Classified™ Toolkit. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.
8) BINDING ARBITRATION. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. You hereby consent to binding arbitration in the State of Nevada to resolve any disputes arising under this Agreement.
10) EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Nevada for purposes of any such action by the Company.
11) ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.
12) COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.
13) NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.