Fast Track to Trading Success

Terms & Conditions

Terms & Conditions

Effective date: 3/1/2024

Please read these Terms & Conditions carefully before using our Materials.

1. Introduction

Escape Velocity Trading LLC  and its authors, coaches, moderators and all other support staff (collectively referred to as “Company,” “our,” “we”), provide escapevelocitytrading.co and all related services and materials, including but not limited to videos, seminars, online courses, trading systems, coaching sessions, handouts, expressed thoughts or opinions, newsletters, blog and social media posts, and any and all other communications (collectively defined as “Materials”) for educational purposes only. The Company assumes no responsibility or liability for any consequences resulting directly or indirectly from any action or inaction you take based on the information contained in our Materials.

  

2. Acceptance of Terms

These Terms & Conditions (“Terms”) govern your (“you”, “user”, or “your”) use of Materials provided by Company.

This agreement (“Agreement”) shall be effective immediately upon your using any Materials (including visiting https://www.escapevelocitytrading.co or any related websites) provided to you by Company. Your accessing and/or use of Materials constitutes your full acceptance of these Terms, and you understand that any applicable provisions of these Terms shall survive the termination of your use of Materials indefinitely.

Furthermore, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE that by checking the “I AGREE” box on any Company website (including but not limited to product or service checkout pages) you have read, fully understand, and agreed to the Company’s full Terms as outlined on this page, and that this is the LEGAL EQUIVALENT OF YOU MANUALLY SIGNING THESE TERMS.

If you do not agree with these Terms, do not check “I AGREE,” and instead immediately cease your access to and use of our Materials. 

By using our Materials, you represent and warrant to Company that you:

  • Are eighteen (18) years old or older, or are otherwise of legal age required to enter into a binding contract in your jurisdiction:
  • Are of sound mind and have full power, authority, and capacity to enter into agreement with and abide by these Terms (and that doing so will not violate any other agreement to which you are a party);
  • Have not had your access to Materials previously restricted or terminated by Company;
  • Are not a competitor of Escape Velocity Trading, or engaged in any business or activity, directly or indirectly, that could compete with Company or any of the products or services Company offers;
  • Will use Materials for legitimate and lawful personal and non-commercial purposes only.
  • You will not violate any of the Company’s rights, including without limitation, intellectual property rights such as patent, copyright, trademark, or trade secrets.

 

3. Link to Privacy Policy

Your use of any Company Materials, and Company’s corresponding use of your information, are subject to the Company’s Privacy Policy available at https://www.escapevelocitytrading.co/pages/privacy-policy, which is hereby incorporated into these Terms by reference. Please read the linked Privacy Policy in its entirety. This Privacy Policy outlines how Company collects your personal information when you use our Materials. It also describes how Company uses, protects and may disclose your personal information.  

 

4. User Responsibilities & Agreements

4A. General

  • You may not record 1-on-1 or group coaching sessions without the express prior written consent of the Company and/or coach.
  • You agree not to issue any chargeback disputes against the Company, and that all refunds or cancellations will be handled in accordance with the respective Terms as outlined in this Agreement. 

4B. User Accounts

Users are required to establish an account to access and use certain Materials.

  • You are responsible for ensuring that your account information, including password, is up-to-date, accurate, complete, and secure. You may not share your account details with any other person. You must contact Company immediately if your account information is lost or stolen, or if you believe that there has been unauthorized use of your account.
  • Company is not responsible for any unauthorized access to your account, or for (1) the loss of any Materials linked to your account, or (2) your account being banned and your use of Materials being revoked, due to unauthorized access. 
  • You are solely responsible for all use of your account, whether or not it has been authorized by you.

4C. User Submissions

Certain Materials include access to course portals and Company Facebook Groups (“Community Spaces”) that permit the submission, transmission, sharing or posting (“post” or “posting”) of content by users, including without limitation, photos, videos, comments, conversations, audio clips, listings, feedback, ideas, articles, links, and other content (“User Submissions”).

  • You are solely responsible for the User Submissions of your account, and you agree to conduct yourself in a professional and respectable manner in these Community Spaces. Under no circumstances will any of the following be tolerated:
  • Violating any laws, rules or regulations;
  • Stalking, harassing, bullying, or otherwise harming another individual;
  • Disparaging, defaming, or posting false or unsubstantiated statements related to the Company;
  • Attempting to collect or store other users personal data;
  • Suggesting, enticing, or otherwise diverting any users to any business that competes with Company;
  • Impersonating another person or entity, or otherwise misrepresenting your affiliation with another person or entity; especially as a Company representative
  • Attempting to spread malware, viruses or other harmful computer code, files or programs.
  • Expressing or implying that any statements or opinions you make are in any way endorsed by Company;
  • Any unauthorized sharing of Materials provided to you by Company with others;
  • Using Community Spaces to advertise for any purpose, post about any non related subjects, solicit members, spam members, or display inappropriate obscenities, vulgarity, profanity, ethnic slurs, violent, hate speech, or sexually explicit phrases or images. Company reserves the right to determine the standard for phrases or images that are objectionable at its sole discretion; 
  • You understand and agree that Company may, but is not obligated to, review and delete (without notice) any User Submissions that in the sole judgment of Company, violates these Terms, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.
  • By posting User Submissions in any form, you automatically grant to Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute such User Submissions for any purpose, including but not limited to the development of future commercial Materials, or for general promotional and marketing purposes of Company.
  • You may remove your User Submissions at any time. If you choose to remove your User Submissions, the license granted above will not expire, and you acknowledge that Company may retain archived copies of your User Submission.
  • Company does not assert any ownership over your User Submissions; rather, subject to the rights granted to Company in these Terms, you retain full ownership of all of your User Submissions and any intellectual property rights or other proprietary rights associated with your User Submissions. You agree that Company will not be liable for any alleged or actual infringement or misappropriation of any proprietary rights you may have in your User Submissions.
  • Company does not endorse or warrant the validity of any User Submission. Opinions expressed by users are the opinions of the users, and not of Company. You agree to defend and indemnify us from and against any third-party claims resulting from any User Submissions you contribute.

Any user who violates any of the aforementioned Terms, may, at Company’s sole discretion and without liability, be (1) banned from Community Spaces, (2) have their account and access to Materials suspended or terminated. In the event of account termination due to such violations of Terms, user forfeits their rights to request a refund of any kind. Depending on the circumstances, Company may also pursue further legal action. If a User account is suspended or terminated, the Company will provide a notice to the email listed on the account. 

 

5. Consent to Use Audio, Video & Photography from Online or In-Person Events

Company may host online or in-person events, including but not limited to 1-on-1 coaching, and/or group coaching. These events may be recorded and photographed by Company for marketing and/or the production of educational content. By attending such events, you agree to allow Company to utilize audio, video, and photographs that you may appear in, and you understand that for online events, this may include your name through the video conferencing platform. Company agrees to never use any content that you appear in that provides any financially sensitive information. 

 

6. Copyrights, Intellectual Property Rights, and Limited License

Copyright laws protect all materials created by Company as original works. All materials belong to Company, including those with the absence of a registered copyright symbol.

6A. Revocable Limited License 

Subject to your compliance with these Terms, Company hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited license (“License”) to use Materials solely for your personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:            

  • modify or copy Materials;
  • use Materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • share or transfer Materials to another person or “mirror” Materials on any other server.

The License is freely and unilaterally revocable and terminable by Company at any time. Without limiting the foregoing, the License shall automatically be revoked and terminated upon any violation of our Terms. Upon revocation or termination of this License, you shall, and hereby agree to, destroy any Materials that remain in your possession or control, and you acknowledge that after such revocation or termination, the Company may deny further access to Materials at its sole discretion.

6B. Intellectual Property Ownership

Company reserves all rights not expressly granted in this Agreement including, without limitation, title, ownership, intellectual property rights, and all other right, title, and interest in and to the Materials of the Company, and all related content, including any copies or derivative works, which are all protected under copyright, trademark, and trade secret laws. You further acknowledge and agree that Materials contain proprietary data and information that is important and valuable to the Company, so you will not use this data or information for any unlawful or unauthorized purpose and will use reasonable efforts to protect them from illicit distribution or use.

You may not exploit the Materials in any way, including, but not limited to, modifying, creating derivative works, publishing, displaying uploading, posting, transmitting, transferring, reproducing, or selling. Unauthorized exploitation of Materials may result in the termination of your access to Materials, and/or further legal action. 

 

7. Disclaimers

7A. Escape Velocity Trading Disclaimer

EVT Materials are not and should not be confused with investment advice, and have been prepared and presented without regard to any particular person’s investment objectives, financial situation, and particular needs. It is your responsibility to conduct your own thorough research, including a personal risk and financial assessment, and the engagement of your financial advisor to the degree you believe necessary, before conducting any trades. 

EVT and its Personnel do not provide legal, accounting, or financial advisory services, and the Materials are not a solicitation nor a recommendation to buy or sell any specific stocks, options, or other financial instruments or investments. Examples that address specific trades or investments are for illustrative purposes only, and are not personalized recommendations. At times, EVT and its Personnel may include examples of specific trades or transactions that EVT or its Personnel have conducted, and other times examples may be opposite to those transactions. 

All EVT Materials are based upon years of experience, market observation, and sources of data believed to be reliable, and are presented in good faith. Materials are subject to change without notice as market conditions and individual trade ideas develop. As such, all consumers of EVT Materials, paid or otherwise, acknowledge that the Materials are provided on an “as-is” basis. While every attempt is made to ensure the Materials are current, complete, and accurate, neither EVT, nor any of its Personnel, guarantee or warrant the Materials or any specific results stemming from their use. All trading and investing in the securities market involves significant risk and there is no guarantee of profitability. Results may vary greatly based on individual effort, account size, market conditions, and many other unforeseen factors.

By using the Materials, each user acknowledges that their investment decisions are solely their own, and agree to indemnify and hold harmless Escape Velocity Trading LLC and its Personnel, from and against any and all losses, liabilities, expenses (including attorney fees), and damages arising out of claims resulting from the use of the Materials, whether based in tort, contract, or otherwise.

In no event shall EVT or its Personnel be liable for any direct, special, consequential, or incidental damages arising out of the use of, or related to, the Materials. If this limitation on damages is not enforceable in some states or countries, the combined amount of Escape Velocity Trading LLC and its Personnel’s total liability to the User or others shall not exceed the amount paid by the user for the Materials.

The Materials provided by EVT and its Personnel are not intended as a solicitation for any future relationship, business or otherwise, between the consumers of said Materials, and ETV or its Personnel. No express or implied warranties are being made with respect to these services and products.

7B. Commodity Futures Trading Commission Rule 4.41 Mandated Risk Disclosure
Futures and forex trading contains substantial risk and is not for every investor. An investor could potentially lose all or more than the initial investment. Risk capital is money that can be lost without jeopardizing one’s financial security or lifestyle. Only risk capital should be used for trading and only those with sufficient risk capital should consider trading. Past performance is not necessarily indicative of future results.


HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN; IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR TRADING PROGRAM. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT. IN ADDITION, HYPOTHETICAL TRADING DOES NOT INVOLVE FINANCIAL RISK, AND NO HYPOTHETICAL TRADING RECORD CAN COMPLETELY ACCOUNT FOR THE IMPACT OF FINANCIAL RISK OF ACTUAL TRADING. FOR EXAMPLE, THE ABILITY TO WITHSTAND LOSSES OR TO ADHERE TO A PARTICULAR TRADING PROGRAM IN SPITE OF TRADING LOSSES ARE MATERIAL POINTS WHICH CAN ALSO ADVERSELY AFFECT ACTUAL TRADING RESULTS. THERE ARE NUMEROUS OTHER FACTORS RELATED TO THE MARKETS IN GENERAL OR TO THE IMPLEMENTATION OF ANY SPECIFIC TRADING PROGRAM WHICH CANNOT BE FULLY ACCOUNTED FOR IN THE PREPARATION OF HYPOTHETICAL PERFORMANCE RESULTS AND ALL WHICH CAN ADVERSELY AFFECT TRADING RESULTS.

7C. Community Spaces Disclaimers

The Community Spaces provided through our Materials are comprised of users and Company posting and sharing content and information. Any information shared in these Community Spaces is for informational purposes only and should not be construed as advice, recommendations, or solicitations to enter securities transactions or to utilize any strategies suggested by users or Company. Company does not control User Submissions. Company is not responsible for the accuracy of data, content, or information shared and can neither endorse nor guarantee their accuracy. Any commentary made by a user or Company, whether real or hypothetical, is purely an opinion and should not be relied upon as advice. You understand, acknowledge, and agree that your participation in Community Spaces is at your own risk, and the Company expressly disclaims responsibility for all information posted or shared. We reserve the right—not obligation—to review and remove any content from Community Spaces at our sole discretion. You understand, acknowledge, and agree that the Company does not actively police the Community Spaces, so you may be exposed to offensive, indecent, or obscene content. Under no circumstances will you hold Company liable for any content shared in Community Spaces or any loss or damage incurred as a result of their use. Company reserves the right to ban users from contributing to Community Spaces, or to delete User Submissions at its sole discretion. 

By posting User Submissions in Community Spaces, you grant the Company a global, perpetual, non-exclusive, royalty-free license to use, modify, adapt, translate, or display your content or statement for any use including, but not limited to, advertisements, testimonials, and promotions. 

7D. Testimonials Disclaimer

Company will remain in compliance with Federal Trade Commission Guidelines concerning our use of endorsements and advertisements (16 CFR Part 255).

Any endorsements, testimonials, or statements of past performance from Company, or other users, are based on actual individual experiences, but results and performances may not be representative of the typical user experience. Company does not track the typical results of current or past users because we do not have access to their personal trading accounts or financial information. It should be known that research data suggests that most short-term traders are not profitable. 

Company does not pay for testimonials. All testimonials provided are collected voluntarily from real people, and are verbatim except for correction of grammatical or typing errors, or editing for length due to relevance. Company does not verify testimonial accuracy. The expressed opinions of those submitting their unique experiences are not necessarily indicative of future results, nor are they meant to be representative of all our clients. Your trading results may vary. Trading securities, equities, options, futures, or forex involve substantial risk and there is always the risk of loss.

 

8. Warranties

We do our absolute best to ensure that all of our Materials are as up to date, accurate, and helpful as humanly possible. However, we cannot ensure that our content is completely free from error, or that it is timeless. As such:

  • The Company provides all Materials on an “as is” and “as available” basis, with no warranties whatsoever.
  • Company disclaims to the fullest extent permitted by law all expressed, implied, and statutory warranties, including, without limitation, the warranties of Merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limiting the foregoing, Company disclaims any warranties, regarding the security, reliability, availability, service levels, timeliness, and performance of Materials; Company, disclaims all liability for any claims, damages, losses, costs or expenses (including attorney’s fees), related to the following, and does not warrant that:
    • Materials will meet your specific requirements
    • Materials will be uninterrupted, timely, available, secure or error-free
    • That any results may be obtained from your use of Materials, or that any data, content or information contained in the Materials will be valid, accurate, timely, adequate, complete, or otherwise reliable
    • That quality of Materials will meet your expectations
    • Any errors in the Materials will be corrected
  • Company disclaims any warranties for any services or goods received through or advertised in the Materials, or received through any links provided in the Materials.
  • You understand, acknowledge and agree that your use of Materials is voluntary and solely at your own discretion and risk, and that you will be solely responsible for any liability, claim, damages, loss, cost or expense, that results from or arises from your use of the Materials. You hereby expressly disclaim, release and waive any liability, claim, damages, loss, cost or expense, related to or arising from, the warranties disclaimed by Company.

 

9. Limitations of Liability

In no event shall Company be liable to you, under any legal or equitable theory, for any consequential, incidental, punitive, exemplary, special or indirect damages of any kind, including without limitation any lost profits arising out of the use, or inability to use, provided Materials.

Materials may contain links to third-party websites. Any linked sites, materials, and pages are not under the control of Company. Company is not responsible for the content contained in any third-party websites, nor for any losses or damages you may incur due to the use of any such website.

Company makes no promises that the website or third-party programs we use to offer our Materials will always be operational. If something goes wrong, obviously, we’ll do everything we can to fix it ASAP. We also make no representations or warranties of any kind around any of the content we produce or share in our Materials. To the maximum extent permissible by United States laws, Company disclaims all warranties regarding all information, products and services offered on or through provided Materials. 

To the fullest extent permitted by applicable laws, we disclaim liability for any injuries, losses, or damages of any nature arising from the following, either directly, indirectly or consequentially: loss of use, loss of data, damage by Virus, loss or damage to property, claims of third-parties.
 

 

10. Purchase Policies

This section details Company policies related to the purchase of any paid Materials, including any applicable payment, billing, or subscription terms, subscription cancelation policies, possible suspension or termination of access to Materials by Company, and refund policies (“collectively referred to as “Purchase Policies”).

10A. Payment, Billing & Subscription Purchases

A valid credit card is required for all purchases. By making any purchase, you represent and warrant that you are the lawful owner of the credit card used, or that you are authorized to use the credit card you provide.

Depending on your product selection, you may have one or more different purchasing options available to you at the time of checkout. These include:

  • Pay-in-Full: By selecting this purchase option, you authorize Company to immediately charge the full purchase price to the credit card you provide. Once Company receives payment, you will be prompted to create a customer account through which your product will become available.
  • Monthly Payment Plans: By selecting a monthly payment plan purchase option, you authorize Company to immediately charge the first month’s payment to the credit card you provide at checkout, and further authorize Company’s third-party payment processor to store your payment information and automatically process remaining monthly payments on their set schedule, until your last payment has been collected. Once Company receives your first payment, you will be prompted to create a customer account through which your product will then become available. However, until your final payment has been collected by Company, your access to your purchase is contingent on remaining payments processing on time. If the credit card associated with your account should expire, or any payment due is otherwise unable to be collected from you, Company may immediately suspend your account including access to purchased Materials, and access will remain suspended until you are caught up on payments. In this occurrence, you will not be credited or compensated by Company in any way for any lost time or access to Materials, and you will still be bound by this Agreement and held fully liable to complete any remaining payments to Company. As such, it is solely your responsibility to ensure that valid credit card information remains on file for your account until your obligations to fully pay for your purchase are met, and that a valid email address remains on file for your account so the Company can notify you of any failed payments and help you regain access to your purchase as quickly as possible. You can view and update your billing and contact info at any time by logging into your account and navigating to https://www.escapevelocitytrading.co/settings/account.
  • Subscriptions: Certain Materials are available for purchase via a recurring monthly subscription. When you purchase a monthly subscription product, you authorize Company to immediately charge the first month’s payment to the credit card you provide at checkout, and further authorize Company’s third-party payment processor to store your payment information and automatically process payments each month on a recurring basis until you cancel your subscription according to the Subscription Cancelation Policy detailed in the following section. Once Company receives your first payment, you will be prompted to create a customer account through which your product will then become available, and you will retain access to the subscription product as long as your account remains in good standing, or until canceled by you. In the event that a payment fails and is unable to be processed, user will receive an email notifying them of the need to update their payment information, and Company will attempt to process the failed payment again, up to 4 times, spread over the course of the following 3 weeks until payment is either processed successfully, or declined for the final time. If payment processing fails for the final time, users’ subscription will be automatically canceled and access to Materials will be revoked. If this should occur, user can purchase a new subscription with updated payment info if they would like their subscription to continue. To keep your account in good standing, it is solely your responsibility to ensure that valid credit card information remains on file for your account, and your account also contains a valid email address the Company can use to contact you in the event that your payment information needs to be updated. You can view and update your billing and contact info at any time by logging into your account and navigating to https://www.escapevelocitytrading.co/settings/account.

10B. Subscription Cancelation Policy

Monthly subscriptions are renewed automatically on a monthly basis until canceled by you via your customer portal. Company does not prorate cancellations mid cycle; when you cancel a subscription all future payments will stop, but you will retain access to your account until the currently paid period expires.

To cancel a subscription, visit https://www.escapevelocitytrading.co/settings/account and log into your account. Then click Billing Info in the top right of the page. You should now see a list of your active subscriptions, and three little dots on the right side of the page for each active subscription. Click on the three dots and you will have an option to cancel the subscription. If you have any issues canceling your subscription, email your cancellation request to [email protected] and we will be happy to do it for you.

10C. Account & Material Access Suspension or Termination by Company

If your account access is suspended by Company for payment failure, refer to Terms outlined in section 10A above for your purchased product type.

If Company chooses to or is forced to end a Subscription Service prematurely and without cause by user, user will be entitled to a prorated refund of amounts paid for any unused portion of the subscription term.

If Company terminates your rights to access Materials or use a Subscription Service due to a breach by you of this Agreement and any Terms contained herein, you forfeit any rights to a refund that would otherwise apply to your purchase and Company will not refund any fees or charges paid prior to the effective date of termination.

10D. Refund Policies

Please note that our Refund Policy varies significantly based on the type of product or service being offered (“Product Type”). As such, products and services have been grouped by Product Type, and listed along with the Refund Policy that applies to all products within each Product Type group. It is the full responsibility of you, the user, to ensure that you have read and understand the Refund Policy of the specific products or services you purchase.

Individual Downloadable Products (“IDP”):

  • The ULTIMATE Trading Journal

IDP Refund Policy: Due to the downloadable nature of IDPs, and the proprietary information and/or design they contain, all IDP purchases are 100% NON-REFUNDABLE. It is your responsibility to ensure that any IDP you purchase fits your needs PRIOR to purchasing. No exceptions will be made on this policy.

 

Course Portal Programs (“CPP”):

  • Fast Track to Trading Success Program 

CCP Refund Policy: CCPs are eligible for a 100% refund within 60 days of purchase, provided that the following conditions are met prior to submitting a refund request: 

  1. User completes all available lessons in their entirety, and does not fall more than 2 weeks behind new content release
  2. User actively seeks help via participation in group calls or customer Facebook group if needed
  3. User emails their trading journal along with their refund request to Company, including at least 30 completed and journaled trades in a good faith effort to apply what they are being taught. Journaled trades can be from users' real account, or a virtual trading simulator.

**Unsatisfactory  trading performance by itself is NOT an eligible reason to receive a refund. Participating in the market involves risk. 

 

Private 1-on-1 Coaching (Private Coaching”):

  • One Time Private Coaching Sessions
  • Private Coaching Packages

Private Coaching Refund Policy: Unused Private Coaching sessions are 100% refundable if Company receives a cancellation or refund request from client at least 24 hours prior to the start time of a confirmed session. Cancellation or refund requests received within 24 hours of the start of a confirmed session will be granted a 75% refund. In the event that either the client or coach needs to reschedule a session, they may do so up to 1 hour before the start of a confirmed session, and in this instance, the full value paid for the session may be credited to a future session booked within 30 days of the originally scheduled session. Due to the high level of time and attention given to 1-on-1 coaching clients, and the preparation time required by the coach prior to a session, there is NO REFUND for coaching calls once they have been used, or if a client does not show up for a scheduled call. 

If you have any questions about a product or its corresponding Refund Policy, or need any assistance prior to purchasing to determine if a product will fit your needs, you can contact Company by sending an email to [email protected].

 

11. Indemnification
You agree to indemnify and hold harmless Escape Velocity Trading LLC and its authors, coaches, moderators and all other support staff from and against any and all claims, losses, liability, costs and expenses, (including but not limited to reasonable attorneys’ fees) arising from or related to your use of Materials, and or your violation of these terms and conditions or any third party’s rights, including but not limited to copyright, proprietary and privacy rights. 

 

12. Force Majeure 

The Company shall not be liable for any delays or failure to perform resulting from causes outside the reasonable control of the Company, including, but not limited to acts of God, pandemic, acts of war or terrorism, breakdowns or malfunctions, interruptions or malfunction of facilities, loss of data due to power failures and mechanical difficulties, fire, floods, labor difficulties, civil unrest, or restrictions due to government mandates. 
 

 

13. Third Party Software and Websites

Materials may contain links to other third-party websites, or reference other third-party information. Any use of third-party information, regardless of format, is not an endorsement, authorization, or representation of our affiliation with that third party. We are not responsible for the content, rules, and liabilities of those third parties, as we do not exercise control over them. Your use of third-party content is subject to their respective terms and conditions and is at your own risk. We are neither responsible for nor do we make any representation or warranties, express or implied, with respect to any such information, including but not limited to, accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose.

14. Governing Law, Jurisdiction, Dispute Resolution

If a dispute arises under these Terms or otherwise related to Materials or Company, you agree to first attempt to resolve it with the Company directly. If this fails, you agree to engage in good faith negotiations with the help of a mutually agreed-upon mediator located in Washington County, Oregon

If these initial attempts fail, any claim under these Terms or otherwise related to Materials or Company shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions, and shall be exclusively resolved by a state or federal court located in Washington County, Oregon. You agree to submit to the personal jurisdiction of the courts located within Washington County, Oregon, or another location of Company’s choosing, for the purpose of litigating all such claims. Notwithstanding the above, you agree that Company will have the right to obtain injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction in order to restrain or prevent infringement of, or loss or damage to our property, reputation, interests or assets. You agree that any claim or action brought by you in connection with these Terms or otherwise related to Materials or Company must be brought within twelve (12) months of the first occurrence of the loss or damage on which the claim is based.

Except as otherwise provided herein, you agree that any controversy or claim, whether at law or equity, arising out of or related to these Terms or otherwise related to Materials or Company, regardless of the date of accrual of such dispute, shall be resolved in its entirety by individual (not class-wide nor collective) binding arbitration. The costs of the arbitration, including any administration fee, the arbitrator’s fee, legal fees and disbursements, and costs for the use of facilities during the hearings, shall be borne equally by the user and Company. The arbitrator shall not have any power to alter, amend, modify or change any of the Terms nor grant any remedy which is either prohibited by the Terms, or not available on the basis of applicable law. The arbitrator will not have the power to make any award or grant any remedy on the basis of equity. You agree that the filing of arbitration, the arbitration proceeding, any documents exchanged or produced during the arbitration proceeding, any briefs or other documents prepared for the arbitration, and the arbitral award will all be kept fully confidential and will not be disclosed with any other party, except to the extent necessary to enforce any arbitral award or other rights of the parties, or as required by law or court order.

All Materials of Company, are solely directed to and intended for individuals residing in the United States. Those who choose to access and use Materials from other locations do so at their own risk, and are responsible for compliance with all laws, rules and regulations applicable thereto. Company reserves the right to limit the availability of Materials to any person, geographic area, or jurisdiction, in any manner and at any time, in its sole discretion



15. Miscellaneous

  • Amendments: Only the Company can amend these Terms. Company may change, amend, supplement, modify and/or replace this Agreement at any time. Any changes to this Agreement will be posted on our website and will be effective when published unless otherwise stated. It is your responsibility to review these Terms regularly. Your continued use of Materials after any change has been made constitutes your acceptance of the updated Terms, and your acknowledgment that you will comply with the updated Terms in their entirety.
  • Headings & Severability: Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the Company. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the Company, and all other provisions shall remain in full force and effect.
  • Entire Agreement: You agree that these Terms constitute the entire, complete and exclusive agreement between you and Company regarding the Materials Company provides, and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms.
  • All Rights Reserved: All rights not expressly granted in this Agreement are reserved by us.

 

Contact Information

You may contact Company at any time with questions or concerns regarding our Terms by emailing us at [email protected].

Last Updated: April 2024