Terms of Use
Influent, LLC (“Influent,” “we,” “us” or “our”) offers for a fee educational video courses (the “Courses”) and other materials, documents, outlines, notes and information related to or used in connection with the Courses (the “Content”). The Courses may be purchased and access by or through our website (the “Website”).
Acceptance of the Terms of Use
These Terms of Use (the “Terms”) are entered into by and between Influent and the individual accessing the Website and using Courses and/or Content (such individual, “you”). These Terms govern your access to and use of our Website, the Course and the Content.
Please read the Terms carefully before you start to access or use the Website, Courses or Content. By accessing and using the Website, Courses or Content, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms, you must not access or use the Website, Courses or Content.
Our Website and the Courses and Content available thereon are offered and available to users who are 18 years of age. By accessing our Website and using the Courses and Content, you represent and warrant that you are of legal age to form a binding contract with Influent. If you do not meet all this requirement, you must not access or use the Website, Course or Content.
Changes to the Terms of Use
We may revise and update these Terms from time to time in our sole discretion. We will use reasonable efforts to provide you with notice of any material changes by any reasonable means, including by email or by posting the revised version of these terms on our Website. In all cases, your continued access of the Website or use of the Courses or Content after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms. All changes are effective immediately when we post them.
Purchase; Term; Payment
Payments for the Course and Content will be made on a flat-fee basis or on a subscription-based arrangement, as directed by us and as indicated when you make your purchase. Your license to access the Website and to use the Course and Content will commence on the date your full payment (or, in the case of subscription-based billing, your first payment) is processed and accepted by us and will continue for a period of twelve (12) months from the date thereof. Full payment (or, in the case of subscription-based billing, your first payment), including any applicable taxes, is due upon check-out on the Website and is non-refundable. No early cancellation or refund is permitted. If we direct subscription-based billing and if you elect to be billed monthly, payments, including any applicable taxes, may be invoiced or made via credit card. In any case, if you fail to make any payment as and when required, we may terminate your access to and use of the Website, Courses and Content, and require full and immediate payment of the remaining term of your subscription.
License Grant
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable and revocable (i) right to access the Website and (ii) license to use the Courses and Content, during the term of your subscription. The rights and licenses granted herein are only for your personal, non-commercial use, unless you obtain our prior written consent otherwise. Accessing our Website or using any Course or Content, or any other products or services offered by or through our Website, does not give you ownership of or any intellectual property rights in our Website or the Course or Content. Any access or use of the Website, Course or Content for commercial purposes is strictly prohibited. Any commercial use must be subject to a separate agreement with us.
Accessing the Website, Course and Content and Account Security
We reserve the right to withdraw or amend the Website, the Course and the Content, and any other service or material we provide related thereto, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website, the Course or the Content is unavailable at any time or for any period of time. From time to time, we may restrict your access to or use of all or part of the Website, the Course or the Content.
You are responsible for both:
Making all arrangements necessary for you to access and use the Website, the Course and Content.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
To access the Website or to use the Course or Content, you may be asked to provide certain registration details or other information. It is a condition of your access to the Website and use of the Course and Content that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any Course, Content or other features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website, the Course or the Content, or portions thereof, using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Email Delivery Disclaimer
You acknowledge that we will deliver the Course and the Content to you via email. We shall not be responsible or liable for any failure or delay in the delivery of the Course or Content to you, including but not limited to situations where your email service provider blocks, filters or otherwise restricts the delivery of emails containing the Course or Content. You are solely responsible for the proper configuration of your email account and for whitelisting the email address we use to deliver the Course and Content to prevent any potential blocking or filtering issues. We will make commercially reasonable efforts to timely deliver the Course and the Content, but shall not be obligated to take any actions beyond our control to bypass email restrictions imposed by your email service provider. You expressly acknowledge and agree that your choice of email service provider and any resulting delivery issues are beyond our control and responsibility. You shall promptly notify us if you suspect or have reason to believe that your email service provider has blocked, filtered or otherwise restricted the delivery of the Course or the Content.
Intellectual Property Rights
The Website, the Course and the Content, and all other contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and all intellectual property rights incorporated therein or associated therewith are owned by Influent, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Except for the limited right to access the Website and to use the Courses and Content as authorized herein, you acknowledge that we are not granting or transferring any other rights in or to the Website, Courses or Content.
These Terms permit you to access the Website and to use the Course and Content for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Courses or Content, or any other material, content or features on our Website, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print or download one copy of a reasonable number of pages of Content for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website, the Course or Content in breach of these Terms, your right to use the Website, the Course and the Content will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website, the Course or the Content is transferred to you, and all rights not expressly granted are reserved by Influent. Any access to the Website or use of the Course or Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Trademarks
The Influent name, the Influent trademarks, the Influent logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Influent or its affiliates or licensors. You must not use such marks without the prior written permission of Influent. All other names, logos, product and service names, designs, and slogans on the Website or appearing in the Course or Content are the trademarks of their respective owners.
Prohibited Uses
You may access the Website and use the Course and Content only for lawful purposes and in accordance with these Terms. You agree not to access the Website or use the Course or Content:
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
· To impersonate or attempt to impersonate Influent, a Influent employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone’s access, use or enjoyment of the Website, Course or Content, or which, as determined by us, may harm Influent or users of the Website, Course or Content, or expose them to liability.
Additionally, you agree not to:
· Access the Website or use the Course or Content in any manner that could disable, overburden, damage, or impair the Website, Course or Content or interfere with any other party’s access to or use of the Website, Course or Content, including their ability to engage in real time activities through the Website.
· Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the Courses, Content or other material on the Website.
· Use any manual process to monitor or copy any the Website or any Courses, Content or other material thereon, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Website.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, Course or Content, the server on which the Website is stored, or any server, computer, or database connected to the Website.
· Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the Website.
We reserve the right to take appropriate legal action for any illegal or unauthorized access to or use of the Website, Course or Content and terminate or suspend your access to or use of all or part of the Website, Course or Content for any or no reason, including without limitation, any violation of these Terms.
Reliance on Information Posted
The information presented on or through the Website or included in the Courses or Content is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. The information provided on the Website or in the Courses or Content does not, and is not intended to, constitute legal, financial, tax, healthcare, insurance or any other type of advice; instead, all information, content, and materials available on the Website are for general informational purposes only. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility, and you hereby expressly waive any and all claims you have, now or in the future, known or unknown, arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Changes to the Website, Courses or Content
We may update all or any part of the the Website, the Courses and the Content from time to time, but the content therein may not necessarily be complete or up-to-date. Any of the material on the Website or in the Course or Content may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Data Security
Influent shall (i) use Personal Data solely for the purpose of providing the services pursuant to these Terms; and (ii) not use, transfer, distribute, or otherwise disclose Personal Data for any purpose other than the performance of the services described herein. Influent shall utilize appropriate administrative, physical, and technical safeguards reasonably designed to protect the Personal Data from unauthorized access, disclosure, acquisition, destruction, use or modification. Influent shall comply with applicable laws regarding data security and data privacy in connection with its processing of Personal Data pursuant to the Agreement. “Personal Data” means any information that relates to an identified or identifiable person.
Links from the Website
If the Website, Courses or Content contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked on the Website or in the Courses or Content, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website or any contained in the Course or Content will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO THE WEBSITE OR USE OF THE COURSES OR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR ACCESS TO THE WEBSITE AND USE OF ANY COURSES OR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, THE COURSES AND CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER INFLUENT NOR ANY PERSON ASSOCIATED WITH INFLUENT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, COURSES OR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, THE COURSES OR THE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, THE COURSES OR THE CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, INFLUENT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL INFLUENT, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE, THE COURSES OR CONTENT, OR ANY WEBSITES LINKED TO IT OR ON IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Influent, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your access to the Website or use of the Courses or Content, other than as expressly authorized in these Terms.
Governing Law and Jurisdiction
All matters relating to the Website, the Courses, the Content and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Nebraska without giving effect to any choice or conflict of law provision or rule (whether of the State of Nebraska or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website, Courses or Content shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nebraska, in each case located in the City of Omaha and County of Douglas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by Influent of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Influent to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and Influent regarding the Website, the Course and the Content, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website, Course and Content.
Your Comments and Concerns
The Website is operated by Influent, LLC. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: contact@heyinfluent.com.