Last updated: July 11, 2017
These terms and agreements (“Terms” or “Agreement”) are entered into between Steady Radiance Design, LLC (“SRD”) – operator of the Make Your Own Website course found at www.myowebsite.com (“Service”), and you, the purchaser and users of SRD’s services and products (“User”). The User acknowledges that he/she has read and understands these Terms and will abide by them.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
SRD provides proprietary educational information that offer material regarding building a website. Certain portions of the proprietary educational information are provided free of charge upon User’s registration for the “Your Business Website” webinar (“Webinar”). The remainder of the proprietary educational information is provided for a fee to users through the MYO Website Video Courses and other related programs (“Paid Products”), such as web design coaching services and access to the non-public portions of the Service website.
The term “User” is defined in this Agreement as the purchaser and/or user of the Service, as well as any employee of such person or entity.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your full name, billing address, email address, credit card information, and phone number.
SUBSCRIPTIONS AND RENEWALS
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring schedule according to the plan you purchase. The Subscription(s) are available in the specified increments that are paid for up-front. After the Subscription(s) have expired, you will automatically be charged at the renewal rate listed on the Service website. You must cancel the Subscription(s) prior to the renewal date to avoid being charged for the renewal. The renewal can be cancelled at any time.
Provided that User agrees to and follows this Agreement, SRD grants the User a non-exclusive, non-transferrable right and license to use the Paid Products. This license may be revoked by SRD if User violates any of the terms or conditions on this Agreement. In the event that a User license is revoked, the User shall not be entitled to a refund of any money paid to SRD.
User shall not us the name of SRD without SRD’s prior written consent.
User will be given an account and certain login privileges on the Service website. User shall not permit any person to have access to its account or any of its privileges unless such person is an officer or employee of User.
In consideration for the license granted by SRD with respect to the Webinar, User agrees to register with SRD, and in consideration for the license granted by SRD with respect to the Paid Products, User agrees to pay SRD the purchase price listed on the Service website for the particular package of Paid Products selected by User, as well as any and all applicable federal, state, or local excise, sales, use and/or other taxes. After paying the applicable purchase price for the Paid Products, User will have 48 hours in which to request a refund of the purchase price. If User requests a refund for any reason during this 48-hour period, the entire purchase price will be refunded to User. Upon the occurrence of a refund, User’s license to use any of the Paid Products will terminate. A refund will now, however, nullify or terminate this Agreement. User will still be bound by all terms of this Agreement after a refund of the purchase price is given to User. During the 48-hour refund period, User will have access to some, but not all, of the Paid Products. There will be no exceptions to this policy.
User agrees that any reliance upon the Webinar and/or Paid Products is entirely at the discretion and risk of User. User acknowledges that (a) any collection and compilation of information of the kind included in the Webinar and Paid Products entails the possibility of some human and machine errors, omissions, delays, interruption and losses. ACCORDINGLY, USER ACKNOWLEDGES AND AGREES THAT ALL MATERIALS AND SERVICES PROVIDED TO IT BY SRD, INCLUDING, BUT NOT LIMITED TO, THE WEBINAR AND PAID PRODUCTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SRD MAKES NO WARRANTIES THAT: (A) THE WEBINAR AND/OR PAID PRODUCTS WILL MEET USER’S REQUIREMENTS; (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY USER FROM SRD WILL MEET USER’S EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
Limitation of Liability. SRD, ITS OFFICERS, AFFILIATES, AND EMPLOYEES SHALL HAVE NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES RELATING TO OR ARISING OUT OF IN ANY WAY THE WEBINAR AND/OR PAID PRODUCTS, OR ANY TRANSACTION PERFORMED OR UNDERTAKEN UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER FORESEEABLE OR UNFORESEEABLE (AND WHETHER OR NOT SUCH PARTY OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED UPON LOST GOODWILL, LOST PROFITS, LOSS OF DATA OR INTERRUPTION IN ITS USE OR AVAILABILITY, STOPPAGE OF WORK OR OTHERWISE, WHETHER ARISING OUT OF BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY IN TORT OR OTHERWISE, AND WHETHER BASED ON ANY PROVISION OF THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN THE PARTIES. USER SHALL DEFEND AND INDEMNIFY SRD, AS WELL AS ITS OFFICERS AND EMPLOYEES, FROM ANY SUCH LIABILITY. FURTHER, AND WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL SRD’S TOTAL LIABILITY FOR A CLAIM OF ANY KIND, REGARDLESS OF THE FORUM IN WHICH ANY ACTION MAY BE BROUGHT, EXCEED THE TOTAL AMOUNT THAT USER HAS PAID TO SRD.
Periodic Changes to Webinar and/or Paid Products. User agrees that, from time to time, SRD may make editorial, analytical, or aesthetic changes to the Webinar and/or Paid Products and that SRD shall have no obligation to notify User of the changes.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party websites or services that are not owned or controlled by Steady Radiance Design, LLC.
Steady Radiance Design, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or purchases of any third-party websites or services. You further acknowledge and agree that Steady Radiance Design, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
You may not access or use the Service for any other purpose than that for which SRD makes it available. Prohibited activity includes, but is not limited to:
- attempting to bypass any measures of the Service designed to prevent or restrict access to the Service or any portion of the Service
- attempting to impersonate another User or person or using the username of another User
- criminal or tortious activity
- deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Service
- deleting the copyright or other proprietary rights notice from the Webinar, Paid Products, or any Service content
- engaging in any automated use of the system, such as data mining, robots, or similar data gathering and extraction tools
- except as may be the result of standard search engine or internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper, or offline reader that accesses the Service, or using or launching any unauthorized script or other software
- harassing, annoying, intimidating, or threatening any SRD employees or agents engaged in providing any portion of the Service to you
- interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service
- making unauthorized use of the Service, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
- selling or otherwise transferring your profile
- systematic retrieval of data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from SRD
- tricking, defrauding, or misleading SRD and/or other Users, especially in any attempt to learn sensitive account information such as passwords
- using any information obtained from the Service in order to harass, abuse, or harm another person
- using the Service as part of any effort to compete with SRD or to provide services as a service bureau
- using the Service in a manner inconsistent with any and all applicable laws and regulations
- directly or indirectly: copying, reproducing, modifying, publishing, or distributing the Webinar or Paid Products, in whole or in part, to any other person; granting any sublicense or sub-authorization, assigning in whole or in part, or otherwise granting or purporting to grant to any person any right to obtain, use, exploit, copy, publish, or distribute the Webinar or Paid Products, in whole or in part, to any other person; or displaying the Webinar or Paid Products, in whole or in part, on any website or publication.