Terms

 

Last updated 06/17/2017

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. 

Promethean Education, LLC (the “COMPANY,” “WE”, “US” or “OUR”) WELCOMES YOU TO www.liquidfw.com (the “SITE”). WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LICENSE, THAT COVER YOUR USE OF THIS SITE AND ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE (the “AGREEMENT”). YOU AND THE COMPANY ARE THE INTENDED PARTIES (the “PARTIES”) TO THIS AGREEMENT.

BY ACCESSING, VIEWING, OR USING THIS SITE, AS WELL AS ALL RELATED WEBSITES OPERATED BY THE COMPANY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.

This Agreement applies when you access or use the Site, products, and services of the Company, our mobile applications, Facebook Groups, Slack Groups and the services, content, and materials made available via the Site or mobile applications (collectively, the “Services”).  These Terms do not alter in any way the terms or conditions of any other agreement you may have with Company for products, services or otherwise.

When you register and or voluntarily provide your personally identifiable information to the Company, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, and communications concerning new products or services, or other records of correspondence from the Company. This consent is to receive notices electronically by way of email.

USE OF SITE
This Site is provided solely for the use of current and future customers of the Company to provide you with information about the Company, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. By way of example, you should not use any features of this site that permit communications or postings to post, transmit, display, or otherwise communicate

i[TH1] . any defamatory, threatening, obscene, harassing, or otherwise unlawful information;

ii. any advertisement, solicitation, spam, chain letter, or other similar type of information; 

iii. any encouragement of illegal activity;

iv. unauthorized use or disclosure of private, personally identifiable information of others; or

v. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

SITE CONTENTS AND OWNERSHIP
The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials (the “Materials”) are the property of the Company and are protected by copyrights, trademarks, trade secrets, or other proprietary rights.

Company makes no claim in regards to its use of graphics; voice and sound recordings, artwork, photos, documents and or text that it may display that are properly licensed and attributed to others’ intellectual property rights. Company has made every reasonable effort to give proper attribution where required. If you believe that your content on this Site is in violation of your ownership rights, please see the DMCA policy information on the Site.

Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must provide accurate links back to the Company’s Materials if you want to display or distribute Company’s Materials.

We are glad to have you share our content, but you must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, the Company does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

Modification of the Company’s content and or materials provided for any other purpose is a violation of copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties.

INTELLECTUAL PROPERTY
All trade names, trademarks, and images and biographical information of people used in the Company content and or materials contained in the Site, including without limitation the name and trademark Liquid Financial Wellness™, are either the property of, or used with permission by, the Company.

The use of Materials by you is strictly prohibited unless specifically permitted by these Terms of Use.

Any unauthorized use of Materials may violate the copyright, trademark, and other proprietary rights of the Company and or third parties, as well as the laws of privacy and publicity, and other regulations and statutes.

Nothing contained in this Agreement or in the Site shall be interpreted as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner.

The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [email protected] Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

Complete information regarding your rights under the Digital Millennium Copyright Act (DMCA) is available under our DMCA Policy.

NO PROFESSIONAL ADVICE
The Services and the Content are provided for informational purposes only. COMPANY, IT'S MEMBERS, OFFICERS, EMPLOYEES, AND CONTRACTORS DO NOT PROVIDE MEDICAL, LEGAL, CERTIFIED FINANCIAL, OR ANY PROFESSIONAL ADVICE NOR DO THE SERVICES CONSTITUTE THE PRACTICE OF MEDICINE, LAW, OR ANY OTHER PROFESSION. Any information provided to you by COMPANY as a result of your participation in the Services is being provided to you solely for your educational and informational benefit and should not be considered medical, legal, or professional advice or a substitute for the foregoing. You agree that you bear all responsibility for your own decisions you may elect to make based on any information you learn in connection with the Services.

DISCLAIMER OF WARRANTY
You expressly agree that use of this Site is at your sole risk. Neither the Company, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.

The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, the Company does not warrant reliability of any statement or other information displayed or distributed through the site. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the site. The Company may make any other changes to this site, the Materials and the products, programs, services, or prices (if any) described in this site at any time without notice. 

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. 

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

LIMITATION OF LIABILITIES
YOU AGREE THAT THE COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. 

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL THE COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER THE COMPANY OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

INDEMNIFICATION
You agree to indemnify and hold the Company and each of its directors, officers, employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to

(i) your breach of this Agreement,

(ii) any violation by you of law or the rights of any third party,

(iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site,

(iv) your use of the Site or any services that the Company may provide via the Site, and

(v) your conduct in connection with the Site or the services or with other users of the Site or the services.

The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

PRIVACY POLICY 
Click here to access the Company’s Privacy Policy governing the use of information that the Company obtains from you through your use of this website.

The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use.

By using the Site, you signify your acceptance of the Company’s Privacy Policy, https://www.liquidfw.com/pages/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

LIMITATIONS ON CLAIM 
Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.

TERM AND TERMINATION
Without limiting its other remedies, the Company may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.

HYPERLINK DISCLAIMERS
As a convenience to you, we may provide on this Site links to websites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site.

If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form are not maintained, controlled, or otherwise governed by the Company.

The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by the Company. The Company does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by the Company. 

Links do not imply that the Company or this site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of the Company or any of its affiliates or subsidiaries.

Except for links to information authored by the Company, the Company is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. XYZ reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them. 

CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Hawaii, U.S.A., without reference to its conflict-of-law provisions. The Company makes no representation that the materials are appropriate or available for use outside the United States.

If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Honolulu, Hawaii, in the United States of America, for any disputes with the Company arising out of your use of this site.

ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COMPANY. 

BINDING ARBITRATION
This Agreement is governed and interpreted in accordance with the laws of the State of Hawaii without giving effect to any principles of conflicts of law.

You and Company agree (a) to waive your and Company’s respective rights to have any and all Disputes arising from or related to these Terms or the Services, resolved in a court, and (b) to waive your and Company’s respective rights to a jury trial. Instead, you and Company agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

You agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the State of Hawaii, in the city of Honolulu, according to the rules of the American Arbitration Association. The arbitration is binding upon the Parties and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this Agreement.

NO CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ACTIONS
You and Company agree that any Dispute arising out of or related to these Terms or the Services is personal to you and Company and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Company agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Company agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

FEDERAL ARBITRATION ACT
You and Company agree that these Terms affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Company and you with respect to this Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company with respect to this Site.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on 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.

If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. The Company does not and will not assume any obligation to notify you of changes to this Agreement.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Site, including but not limited to any consent you give to receive communications from the Company solely through electronic transmission.

When you register and or voluntarily provide your personally identifiable information to the Company, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, and communications concerning new products or services, or other records of correspondence from the Company. This consent is to receive notices electronically by way of email.

 [TH1]It’s important to broadly lay out what the prohibited forms of communication are within your terms-of-use because you are the store owner and responsible for what goes on within your store.

For instance, if you are allowing others to comment on your blog and a user posts revealing or confidential information on your site and you don’t address it, you could face liability. By outlining the prohibited forms of communication, the user is agreeing and allowing you to remove the inappropriate communication.